Terms and Conditions - Customer Terms and Conditions - Customer
Effective: 13th February, 2025.
These Terms of Use ("Terms") apply to you, as an individual, using applications, content, products, and services (referred to as the "Services") provided by Qargo. The company is located at GM-024-1339, 1 Milan Street, Accra, Ghana, and operates in various territories and possessions across Greater Accra.

Please take the time to carefully review these terms. This document, referred to as the "Agreement," establishes a legal understanding between you (referred to as "You" or "User") and Qargo, along with its subsidiaries or affiliates (referred to as "Qargo"). By agreeing to these terms, you consent to Qargo facilitating delivery services.

1. Acceptance of this Agreement
Qargo is an on-demand platform and connection platform to
(a) broker the exchange of services between you, other consumers, and independent third-party contractors who provide delivery and/or other services ("Contractors"); and
(b) provide you with access to information about the Services. Qargo's Technology allows consumers to place orders for goods and/or services, either for delivery or pickup, and/or request services from Contractors. If a delivery order is made, Qargo uses the Technology to notify Contractors that a delivery opportunity is available and facilitates the completion of the delivery to the consumer. If a pickup order is made, Qargo uses the Technology to communicate with the consumer regarding the availability of the order for pickup. Qargo is an on-demand platform that facilitates deliveries but does not manufacture, sell, or own the goods being delivered. If you access any of our websites, install or use the Qargo mobile application, install or use any other technology supplied by Qargo (collectively, the “Technology”), access or use any information, function, feature, or service made available or enabled by Qargo (collectively, the “Services,” which includes the Technology), click or tap a button or take similar action to signify your affirmative acceptance of this Agreement, or complete the Qargo account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time or through the Technology;
(b) You are of legal age in the jurisdiction in which you reside to form a binding contract with Qargo; and
(c) You have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization for whom you have created an account or been named as the User during the Qargo account registration process and to bind such organization to the Agreement.

Qargo may modify the Terms related to the Services periodically. Any amendments will become effective when Qargo posts the updated Terms or revised policies and supplemental terms on the applicable Service. Your continued access or use of the Services after such modifications indicate your acceptance of the updated Terms.

“User” refers to any individual or entity that accesses or uses the Qargo Services, with or without an account, whether directly or through third-party tools, services, or other means. This includes, but is not limited to, organizations that register an account or access the Services through their employees, agents, or representatives. Unless otherwise stated in this Agreement, if you do not agree to be bound by its terms, you are not permitted to access or use the Services. 2. Changes and Notifications
Qargo reserves the right to update or modify the terms and conditions of this Agreement or its policies related to the Technology or Services at any time. Such updates will be effective upon posting an updated version of this Agreement or through the Technology. If we make any significant changes to this Agreement, we will notify you via the email address you have provided or through another means. We recommend reviewing this Agreement regularly, as your continued use of the Services after any changes indicates your acceptance of those changes. If you do not agree to this Agreement or any updates, you must immediately stop using the Technology and Services.

3. Additional Terms
By using or accessing the Services, you agree to be bound by this Agreement and acknowledge that your personal information may be collected, used, and disclosed in accordance with Qargo’s Privacy Policy, which is incorporated into this Agreement by reference. You also agree to comply with any additional terms or policies for Users published on our website or mobile application, whether or not explicitly referenced or linked within this Agreement. Certain features of the Services may be subject to additional terms and conditions, which are incorporated herein by reference, to the extent permitted by applicable law.

4. Relationship between Qargo and User
The Qargo platform is a technology tool that allows users to request delivery services from independent contractors using mobile apps. These Couriers, referred to as Third Party Providers, collaborate with Qargo to offer delivery options. Qargo itself doesn't provide delivery services; it acts as a middleman. You and Qargo are separate entities, and your relationship is defined by these terms. There's no partnership or joint venture between you, Qargo, and the contractors. Each party is responsible for its own expenses and profits.

5. Rules and Prohibitions
Subject to your compliance with these Terms, by using or accessing the Services (whether or not you have created an account or are logged into an account), you agree that:
(a) You will only use or access the Services for lawful purposes and will not use or attempt to use the Services under false pretenses, for sending or storing unlawful material, or for any deceptive or fraudulent purposes.
(b) You will use or access the Services in accordance with all applicable laws, including those related to copyrights, trade secrets, intellectual property rights, or other rights of any third party, including privacy and publicity rights.
(c) You will only use or access the Services using means explicitly authorized by Qargo. If applicable, it is your responsibility to ensure you download the correct Technology for your device. We are not liable if you use an incompatible device or download the wrong version. We reserve the right to terminate your use if you use the Technology or Services with an unauthorized or incompatible device.
(d) You will not use or attempt to use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not use or attempt to use the Services to cause nuisance, annoyance, or inconvenience.
(f) You will not use or attempt to use the Services, or any content accessible through the Services, for any commercial purpose, including contacting, advertising to, or soliciting Contractor(s), unless Qargo has given you prior written permission.
(g) You will not use or attempt to use the Services or any content accessible through the Services for developing software, including training a machine learning or AI system, or providing data sets containing content from the Services to another entity without prior written consent.
(h) You will not copy, distribute, or attempt to copy or distribute the Technology or any content displayed through the Services for republication in any format or media.
(i) You will not create or compile, or attempt to create or compile, any content or directory from the Services except for your personal, noncommercial use.
(j) The information you provide when registering or communicating with us is accurate, and you will promptly notify us of any changes and provide us with proof of identity when requested.
(k) You will keep your account password and other login credentials secure and confidential.
(l) You will use the Technology and Services only for your personal use and will not resell, license, or transfer the Technology, Services, or content to a third party.
(m) You will not use the Services in any way that could damage, disable, overburden, or impair any Qargo server or network.
(n) You will not attempt to gain unauthorized access to any part of the Technology, Services, or connected systems.
(o) You will not use automated means to collect content, data, or information from the Services without prior permission from Qargo.
(p) You will not probe, scan, or test the vulnerability of any system or network, or circumvent any security measures to prevent access to the Services.
(q) You will not abuse the promotional or credit code system by redeeming multiple coupons at once or opening multiple accounts to take advantage of first-time offers.
(r) You will not engage in threatening, harassing, discriminatory, or inappropriate behavior when using the Services.
(s) You will not deep-link to our websites or scrape, copy, index, or monitor any portion of our Services or websites.
(t) You will not conduct any systematic retrieval of data or content from the Services.
(u) You will not engage in conduct that harms, or threatens the safety of, other Users, Contractors, Qargo, or our community in any way, and will take steps to prevent such actions.
(v) Your use of the Services is for your personal or internal business use only.
(w) You will not falsely claim that an order or items were missing, incorrect, defective, or never delivered and will return any mistaken deliveries if requested by Qargo, or a Contractor.
(x) In connection with using the Services, you will not ask a Contractor to deliver or perform any service outside of the Qargo platform, nor offer goods to a Contractor related to your order.

If we determine that you have violated any of the provisions of these Terms, we reserve the right to suspend or permanently deactivate your account, or take any other appropriate action at our sole discretion. Where required by law, we will notify you in writing of the suspension or deactivation of your account, along with the reasons for such action. Engaging in prohibited use of the Services may lead to criminal, civil, and/or administrative penalties, fines, or sanctions against you and those assisting you.

6. Role of Qargo as an On-Demand Platform
You understand and agree that Qargo operates as an on-demand platform that connects you with independent third-party Contractors who provide delivery and other services. Qargo is not a retailer, manufacturer, seller, or owner of the goods being delivered, nor does it provide the goods or services offered through the platform. Qargo's role is solely to facilitate the transmission of delivery requests and ensure that Contractors are notified of available delivery opportunities. Any delivery, pickup, or estimated times displayed through the Services are purely estimates and do not represent a commitment, guarantee, or promise by Qargo. Qargo does not assess or guarantee the suitability, legality, or ability of any Contractor, and is not responsible for the handling, preparation, or safety of the goods being delivered.

You acknowledge that Qargo does not control or verify the quality or accuracy of the products or services being delivered, including any photographs, descriptions, or information about the goods, such as nutrition, ingredients, or allergen details. Qargo does not verify that the goods or services comply with applicable laws or regulations. You also agree that the goods you order are prepared and owned by the business from which they originate, and that title to the goods passes to you at the point of origin. For delivery orders, Contractors will transport the goods to your designated delivery location, based on your instructions.

Qargo and the Contractors do not acquire ownership of the goods you order. You agree not to create any encumbrance, lien, charge, or other interest in the goods until title has passed to you.

7. User Account
You may be required to register for an account to use certain parts of the Services. During the registration process and at all other times when using the Services, you must provide accurate, current, and complete information, and keep this information up-to-date. You are the sole authorized user of any account you create through the Services. You are fully responsible for all activities that occur under your password or account or through your device. You agree to monitor your account to prevent unauthorized use, including by minors, and accept full responsibility for any unauthorized use of your password or account. You may not permit others to use your account, and you may not transfer your account to another person or entity. If you suspect that your password or account has been used without your authorization, you must notify Qargo immediately. Qargo will not be liable for any losses, damages, expenses, or fees incurred due to unauthorized use of your account.

If any information you provide is false, inaccurate, outdated, or incomplete, or if Qargo has reasonable grounds to believe it is, Qargo has the right to suspend or terminate your account and refuse any current or future use of the Services (or any part thereof). You may be required to use a single set of login credentials to access the Qargo platform. You agree not to create an account or use the Services if you have previously been removed from the platform or banned from using the Services.

8. User Content
9. Communications and Notifications
By creating a Qargo account or using our platform, you agree to receive communications from Qargo and our delivery partners through email, text messages, calls, push notifications, or in-app messages. These messages may include:
• Updates about your deliveries (e.g., order status, courier arrival).
• Security alerts, password resets, or fraud prevention messages.
• Service updates, policy changes, or account-related notices.
• Customer support responses and important service announcements.

Some messages may be sent through automated systems, and standard message and data rates may apply. Since these communications are essential for using Qargo’s services, you cannot opt out of receiving them. If your contact details (e.g., phone number or email) change, you agree to update your account to ensure you continue receiving important notifications.

By using Qargo’s services, you authorize your mobile carrier to share information about your account and device with Qargo or its service providers. This information is used solely for identity verification and fraud prevention. For more details on how we handle your data, please refer to our Privacy Policy.

10. Electronic Records
By creating a Qargo account or using our services, you consent to receiving important communications electronically. All terms, agreements, notices, and other relevant communications will be provided to you in electronic form, and you agree that these satisfy any legal requirements for written communications. It is your responsibility to keep your contact information, including your email address, up to date. If you wish to view or retain a copy of this Agreement, you will need a device with internet access and either a printer or storage space to save it. This does not affect your statutory rights.

11. Intellectual Property Ownership By using the Qargo platform or services, you acknowledge that Qargo (and its licensors, where applicable) retains all rights, including intellectual property rights, in and to the technology and services provided. This agreement does not transfer ownership of the technology, services, or any related intellectual property rights to you. All Qargo logos, brand names, and product names are trademarks of Qargo or third parties, and you are not granted any right or license to use them. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices associated with the Qargo platform or services.

12. Payments
By using Qargo’s services, you acknowledge and agree to the following payment structure:
(a) Payment Methods:
Qargo offers two primary payment methods for its services: cash on delivery and the closed wallet system.
• For cash on delivery, payment is made directly to the courier once the service is completed. • With Qargo’s closed wallet system, you can add money to your account using payment methods like credit/debit cards or mobile money. The funds you add can only be used within Qargo to pay for services like delivery. You can’t withdraw or transfer the money to other platforms. When you use Qargo services, the payment is automatically taken from your wallet balance. You can check your wallet balance and see your spending history in the app, so it’s important to keep an eye on it to make sure you have enough for future services
(b) Charges:
• Service prices, such as delivery fees, may vary based on factors like distance, time of day, and availability. These prices may differ from prices offered elsewhere and may change without prior notice.
• Additional charges may apply, such as return fees, wait time fees, wrong location fees, cancellation fees and delivery surcharges, all of which will be included in the total amount due.
(c) Non-Refundable:
• Payments made through either cash on delivery or the closed wallet system are final and non-refundable, unless otherwise determined by Qargo.
(d) Payment Processing:
• If using the closed wallet system, payments will be deducted from your wallet balance. If your wallet does not have enough funds, Qargo may use a backup payment method.
• For cash on delivery, payment will be made directly to the courier in the agreed amount.
(e) Changes to Charges:
• Qargo reserves the right to modify service charges at its discretion. Charges may increase during high-demand periods. You are responsible for any charges incurred, even if you are unaware of such changes.
(f) Promotions and Discounts:
• Qargo may offer promotional discounts from time to time, potentially reducing service prices. These offers are not guaranteed and may not apply to every transaction.
(g) Cancellations:
• You can cancel your service request any time before the service is completed. If you cancel after the service has been dispatched, a cancellation fee may apply, depending on the situation.
(h) Refunds:
• Charges for completed deliveries and goods are final and non-refundable, except in cases where Qargo determines otherwise. If you have any issues with your delivery or goods, please contact customer support. Refunds or credits are not automatically given but may be considered at Qargo's discretion.

13. Promotional Offers and Loyalty Points
Qargo, at its sole discretion, may offer loyalty points or other promotional offers with different features and pricing to users. These offers are subject to the terms of this Agreement and may be available only to specific users or for specific purposes, as stated in the offer. Loyalty points and promotional offers can only be used by the intended recipients, for the intended purposes, and in a lawful manner. They cannot be duplicated, sold, transferred, or made available to the public unless Qargo expressly allows it. They are also subject to specific terms defined by Qargo for each offer and cannot be redeemed for cash or anything of equivalent value. Loyalty points and promotional offers will expire after the date mentioned in the offer or in Qargo's Loyalty Points and Promotional Offers Terms and Conditions. Qargo reserves the right to withhold or deduct points or benefits obtained through a promotion if we believe, in good faith, that they were redeemed fraudulently, incorrectly, or in violation of the offer's terms or this Agreement. If required by law, we will notify you of any changes, deductions, or cancellations, along with the reasons behind them. Qargo may modify or cancel offers at any time.

14. Disclaimers
Couriers wearing our branded apparel, such as the courier bag, do not automatically signify their affiliation with Qargo. These branded items are provided to couriers for practical purposes, such as carrying packages comfortably, and occasionally for marketing purposes. It's important to note that the presence of branded apparel does not confirm that the courier is employed by or associated with Qargo in any capacity.

Any request made to a courier to handle or collect money on your behalf, aside from the delivery fees, is your responsibility. Qargo will not be held liable for any money lost or stolen during such transactions. You proceed with these requests at your own risk.
Engaging in business transactions with any courier provided through the platform offline is done at your own risk. In such cases, any issues arising from those transactions are your sole responsibility and not the responsibility of Qargo.
You understand and agree that using Qargo's technology and services is entirely at your own risk. We may make changes to the platform and services from time to time, and these can be made without prior notice. While Qargo will make reasonable efforts to keep the technology and services available as much as possible, we do not guarantee that they will always be available. The technology and services are provided "as is," without any promises or guarantees, either expressed or implied, including but not limited to guarantees about how well they work, their suitability for any purpose, or their accuracy.
Qargo does not guarantee that the technology or services will always be free of errors or that they are free from harmful viruses or malware. If using Qargo’s technology or services leads to any need for repairs or replacement of your equipment or data, Qargo will not be responsible for those costs.

15. Third party Interactions
(a) Third-Party Websites, Apps, and Ads: Our services may include links to other websites, apps, or ads that are not controlled by Qargo. When you click on a link to these third-party sites, apps, or ads, you’ll be leaving the Qargo platform. We are not responsible for these external websites, apps, or ads. They are only provided for your convenience, and we don’t review or endorse their content. You should be aware that these third-party sites may have their own terms, policies, and privacy rules, so it’s important to check those before interacting with them or making any purchases.
(b) App Stores: If you downloaded the Qargo app from an app store, such as Apple’s App Store or Google Play, you agree that this agreement is between you and Qargo, not the app store. The app store is only providing the platform for downloading the app. Qargo is fully responsible for the app, the services, support, and updates. You are responsible for any fees that come from using a wireless network or charges from the app store itself. You must also follow the app store’s terms when using the Qargo app. Lastly, you confirm that you are not in a country under a government embargo or on any restricted lists. The app store is an intended beneficiary of this agreement and can enforce its terms.

16. Indemnify
You agree to indemnify and protect Qargo, along with its officers, directors, employees, and agents, from any claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising from: (i) your use of the Services or any services or goods obtained through the Services; (ii) your breach or violation of these Terms; (iii) Qargo's use of your User Content; or (iv) your infringement of the rights of any third party, including Third Party Providers.

17. Termination
If you violate this Agreement, Qargo may take action based on various factors, such as the severity of your actions and whether a pattern of harmful behavior is observed. At its sole discretion, Qargo may choose to modify, suspend, or terminate your access to Qargo Services and/or your Qargo account, with or without notice, and without liability to you or any third party. Additionally, Qargo reserves the right to pursue legal action, including civil, criminal, or injunctive measures. Even after termination of your access, this Agreement will remain in effect. Provisions that are necessary to uphold the terms of this Agreement will survive termination.

18. General Provisions
These Terms form a comprehensive agreement between the Parties, overriding any prior oral or written agreements or communications on the subject matter. The rights and obligations outlined in these Terms that are meant to extend beyond their termination will continue to apply. This agreement is governed by and interpreted in accordance with the laws of Ghana, without considering conflicts of laws principles. User cannot transfer these Terms without prior written consent from Qargo, while Qargo can freely transfer them.

These Terms are binding on and benefit the employees, representatives, agents, affiliates, franchisors, franchisees, and permitted successors and assigns of each party, but do not confer rights or remedies on any third party. If any provision of these Terms is found to be invalid, illegal, or unenforceable, it will not affect the other provisions, and these Terms will be interpreted as if the invalid, illegal, or unenforceable provision had never been included.
19. Contact Information
If you have any questions or comments regarding this Agreement, please feel free to reach out to us. You can contact Qargo through the following methods:
• Email: support@orderqargo.com
• Phone: +233 (20) 676-6629