Terms and Conditions

Application of this Agreement

This Agreement governs your access to and use of the Technology and Services (each as defined below) and is between you (Contractor/s) and Swift Dropp-Off Limited. “Swift Dropp-Off Limited,” “we,” “us,” and “our” mean Swift Dropp-Off Limited, a Ghanaian Company.

Certain provisions of this Agreement apply based on the country of your primary residence or the country in which you have selected a delivery or pickup address, and such provisions are designated as such using one or more of the following definitions:

Acceptance of this Agreement

Swift Dropp-Off Limited operates an online marketplace and connection platform to (a) broker the exchange of goods and services among you and other consumers, other businesses (“Merchants”), and independent third-party contractors who provide delivery and/or other services (“Contractors”); and (b) provide you with access to information on the Services. Swift Dropp-Off Limited’s Technology (Dropply Mobile application) permits consumers to place orders for packages and/or other goods from Merchants, either for delivery or pickup, and/or request services from Merchants. If a delivery order is made, Swift Dropp-Off Limited uses the Technology to notify Contractors (or, for certain orders, Merchants) that a delivery opportunity is available and to facilitate completion of the delivery to the consumer. If a pickup order for a package is made, Swift Dropp-Off Limited uses the Technology to communicate with the consumer regarding the availability of the order for pickup. Swift Dropp-Off Limited is not a merchant, retailer, restaurant, grocer, delivery service, or food preparation business .

If you access our website located at www.dropplygh.com and install or use the Dropply Mobile application, install or use any other technology supplied by Swift Dropp-Off Limited (collectively, the “Technology”), access or use any information, function, feature, or service made available or enabled by Swift Dropp-Off Limited (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 Swift Dropp-Off Limited 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 at www.swiftdroppoff.com or through the Technology;

(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with Swift Dropp-Off Limited; 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 Swift Dropp-Off Limited account registration process and to bind such organization to the Agreement.

The specific Services or information available to you may vary based on the delivery or pickup address that you have selected. A certain function, feature, or Service (y) available to one User may not be available to all Users or at all times, and (z) may only be available in the latest version of the Swift Dropp-Off Limited or Caviar mobile application. “User” means any individual or other person who accesses or uses the Services with or without an account (whether directly or through tools, services, or other means), including, without limitation, any organization that registers an account or otherwise accesses or uses the Services through its respective employees, agents, or representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.

Modifications

Swift Dropp-Off Limited reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version of this Agreement at www.dropplygh.com or through the Technology. If we make any material changes to this Agreement, we will notify you by email at the email address that you have provided to us or by another means. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes. If you do not agree to this Agreement or any modifications to this Agreement, you should immediately cease using the Technology and Services.

Additional Terms & Policies

By using or accessing the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Swift Dropp-Off Limited’s Privacy Policy which is incorporated in this Agreement by reference. You also agree to abide by any additional Swift Dropp-Off Limited terms or policies for Users that are published on our website or mobile application, whether or not such terms or policies are directly referenced or linked elsewhere in this Agreement. Certain features of our Services may be subject to additional terms and conditions, which, to the extent permitted by applicable law, are incorporated herein by reference.

Rules & Prohibitions

Without limiting other rules and prohibitions in this Agreement, 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 you will not use or attempt to use the Services under false pretenses or for sending or storing any unlawful material or for deceptive or fraudulent purposes.

(b) You will only use or access the Services in accordance with all applicable laws, including copyrights, trade secrets, other intellectual property rights, or other rights of any third party, including privacy, personality, or publicity rights.

(c) You will only use or access the Services using means explicitly authorized by Swift Dropp-Off Limited. If applicable, it is your responsibility to ensure you download the correct Technology for your device. We are not liable if you do not have a compatible device or if you have downloaded the wrong version of the Technology for your device. We reserve the right to terminate your use of the Technology and/or Services if you are using the Technology or Services with an incompatible or unauthorized 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 (including content accessible without being logged into your account), for any commercial purpose, including but not limited to contacting, advertising to, soliciting, or selling to any Merchant, User, or Contractor, unless Swift Dropp-Off Limited has given you prior permission to do so in writing.

(g) You will not use or attempt to use the Services or content accessible through the Services without Swift Dropp-Off Limited’s prior written consent in connection with the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system or providing archived or cached data sets containing content accessible through the Services to another person or entity.

(h) You will not copy or distribute, or attempt to copy or distribute, the Technology or any content displayed through the Services, including any reviews or Merchants’ menu content or catalogues, for republication in any format or media.

(i) You will not directly or indirectly create or compile, or attempt to create or compile, any content or collection, compilation, or other directory from any content displayed through the Services except for your personal, noncommercial use.

(j) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.

(k) You will keep secure and confidential your account password and any other login or identification credentials you use to access the Services.

(l) You will use the Technology and Services only for your own use and will not directly or indirectly resell, license, or transfer the Technology, Services, or content displayed through the Services (including content accessible without being logged into your account) to a third party.

(m) You will not use or attempt to use the Services in any way that could damage, disable, overburden, or impair any Swift Dropp-Off Limited server or the networks connected to any Swift Dropp-Off Limited server.

(n) You will not attempt to gain unauthorized access to any part of the Technology or the Services and/or to any account, resource, computer system, and/or network connected to any Swift Dropp-Off Limited server.

(o) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures Swift Dropp-Off Limited may use to prevent or restrict access to the Services or use of the Services or the content therein, and you will not attempt any of the foregoing.

(p) You will not use, access, or collect content, data, information, or materials published or available on the Services—including, but not limited to, text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations—using automated means unless Swift Dropp-Off Limited has given you prior permission to do so in writing.

(q) You will not deep-link to our websites or access our websites manually or with any robot, spider, script, web crawler, extraction software, automated process, service, tool, and/or device to scrape, copy, index, frame, or monitor any portion of our Services or websites or any content on or available through our Services or websites, and you will not attempt any of the foregoing.

(r) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services (including content accessible without being logged into your account), and you will not attempt any of the foregoing.

(s) You will not engage in conduct that harms, attempts to harm, or threatens the safety of other Users, Merchants, Contractors, Swift Dropp-Off Limited, Swift Dropp-Off Limited employees, or our community in any way whatsoever, and you will take reasonable steps to prevent the foregoing.

(t) You will not engage in threatening, harassing, racist, or sexist behavior or any other behavior that Swift Dropp-Off Limited deems inappropriate when using the Services.

(u) You will report any errors, bugs, unauthorized access methodologies, or any breach of our intellectual property rights that you uncover in your use of the Services.

(v) You will not abuse or attempt to abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time Users.

(w) Your participation in using and access to the Services is for your sole, personal, or internal business use.

(x) You will not falsely or fraudulently claim that your order or items from your order were missing, incorrect, of poor quality, defective, or never delivered and you will return any order mistakenly delivered to you if requested by Swift Dropp-Off Limited, a Merchant, or a Contractor.

(y) You will not, in connection with your use of the Services and/or the Swift Dropp-Off Limited platform: (i) ask a Contractor to purchase or deliver any goods or perform any services not ordered through the Swift Dropp-Off Limited platform; or (ii) give or offer to give any goods to a Contractor related to your Swift Dropp-Off Limited order.

In the event that we believe or determine that you have breached any of the aforementioned or any other provision of these Terms, we reserve the right to suspend and/or permanently deactivate your account or take other appropriate action at our sole discretion. Where required by law, we will provide you with written notice of the suspension or deactivation of your account, including the reasons which led us to take such action. Engaging in any prohibited use of the Services may result in criminal, civil, and/or administrative penalties, fines, or sanctions against the User and those assisting the User.

Contractors & Merchants Are Independent

(a) You understand and agree that Swift Dropp-Off Limited provides the Services to connect you with independent users and Merchants that provide the products and services offered through the Services,

You acknowledge and agree that Swift Dropp-Off Limited is not a merchant, retailer, restaurant, grocer, pharmacy, chemist, delivery service, or food preparation business, and has no responsibility or liability for the acts or omissions of any Merchant or any Contractor. Merchants are the retailers of the products or services offered through the Services.Independent users are the originators of the products or services offered through the Services. Swift Dropp-Off Limited is not in the delivery business, does not provide delivery services, and is not a common carrier.

Swift Dropp-Off Limited provides the Services to facilitate the transmission of package delivery orders by Users to other users or Merchants, including orders for pickup or delivery by Contractors and/or Merchants. Any delivery, pickup, or preparation times displayed through the Services are purely estimates and do not represent a promise, commitment, or guarantee by Swift Dropp-Off Limited.

Swift Dropp-Off Limited will not assess or guarantee the suitability, legality, or ability of any Contractor or Merchant. You agree that Swift Dropp-Off Limited is not responsible for users and Merchants’ food preparation or product offerings, food or product handling, or the safety of the food or other products, or whether the photographs, images, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the Services accurately reflect the goods and services sold by Merchants and/or delivered by the Contractor and/or Merchant, and does not verify Merchants’ compliance with applicable laws or regulations. You also acknowledge and agree that menu, product, or catalog listings, descriptions, or other information (including photographs or images or nutrition, ingredient, and/or allergen information) displayed through the Services may not have been provided directly by the Merchant. Swift Dropp-Off Limited has no responsibility or liability for acts or omissions by any Merchant or Contractor. You agree that the goods that you purchase will be prepared by the Merchant you have selected, that title to the goods passes from the Merchant to you at the Merchant’s location, and that, for delivery orders, the Contractor and/or Merchant will be directed by your instructions to transport the products to your designated delivery location.

As an Independent User, You agree that neither the Contractor nor Swift Dropp-Off Limited holds title to or acquires any ownership interest in any goods that you order through the Services.�You must not do anything which seeks to create an encumbrance, lien, charge, or other interest in or over the goods that you order until title has passed to you.

User Account

You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized User of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account or through your device. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User account, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify Swift Dropp-Off Limited immediately. Swift Dropp-Off Limited will not be liable, and you may be liable, for losses, damages, liability, expenses, and fees incurred by Swift Dropp-Off Limited or a third party arising from someone else using your account; the foregoing does not limit Swift Dropp-Off Limited’s liability for the consequences of its own acts or the acts of its representatives. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Swift Dropp-Off Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Swift Dropp-Off Limited has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). We may enable or require you to use a single set of login credentials to use the Swift Dropp-Off Limited and/or Caviar services. You agree not to create an account or use the Services if you have been previously removed from the Swift Dropp-Off Limited platform by Swift Dropp-Off Limited or if you have been previously banned from use of the Services.

User Content

(a) User Content. Swift Dropp-Off Limited may provide you with interactive opportunities through the Services, including, by way of example, the ability to post content on the Swift Dropp-Off Limited platform or otherwise provide to Swift Dropp-Off Limited Ratings and Reviews (each as defined below), Feedback (as defined below), or other text, photos, images, or audio and video content (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, and/or otherwise transmit through the Services. You further represent and warrant that any User Content submitted, posted, and/or otherwise transmitted through the Services by you or someone on your behalf or through your User account does not (i) violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) contain material that is false, intentionally misleading, deceptive, defamatory, offensive, abusive, or pornographic, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability; (iii) contain sexually explicit or violent content or photos, images, or videos of weapons, illegal drugs, or hate symbols; (iv) contain any material that is unlawful or relates to unlawful conduct (including phishing and spoofing); (v) create a privacy or security risk to any person, including by soliciting personal information from any person, or contain any confidential, sensitive, private, or personally identifiable information; (vi) solicit money from any person; (vii) contain financial, legal, medical, or other professional advice; (viii) harm, abuse, harass, stalk, threaten, or otherwise offend; (ix) reflect negatively on Swift Dropp-Off Limited, including Swift Dropp-Off Limited’s goodwill, name, and reputation; (x) tamper with, hinder the operation of, or make unauthorized modifications to our websites or Technology; (xi) otherwise result in civil or criminal liability for you, Swift Dropp-Off Limited, or any third party; (xii) violate any law or regulation; or (xiii) violate this Agreement or any community or content guidelines that Swift Dropp-Off Limited may publish from time to time .

You hereby grant Swift Dropp-Off Limited (including Swift Dropp-Off Limited’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use the User Content in connection with Swift Dropp-Off Limited’s business and in all forms now known or hereafter invented (collectively, “Uses”), without notification to and/or approval by you. You further grant Swift Dropp-Off Limited a license to use your username, first name and last initial, profile photo (if available), and/or other User profile information, including, without limitation, your ratings history, to attribute User Content to you in connection with such Uses, without notification to or approval by you. You acknowledge, however, that Swift Dropp-Off Limited has no obligation to attribute any User Content to you in connection with any Use. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to Swift Dropp-Off Limited herein shall survive termination of the Services or your account. Swift Dropp-Off Limited reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or any community or content guidelines we may publish or that we consider to be objectionable for any reason. You agree that Swift Dropp-Off Limited may monitor and/or delete your User Content (but does not assume the obligation to do so) or may decide to not publish, display, or otherwise make available your User Content for any reason at Swift Dropp-Off Limited’s sole discretion.

Swift Dropp-Off Limited may also access, read, preserve, and disclose any information as Swift Dropp-Off Limited reasonably believes is necessary to satisfy any applicable law, regulation, legal process, or governmental request; enforce this Agreement, including investigation of potential violations hereof; detect, prevent, or otherwise address fraud, security, or technical issues; respond to User, Contractor, or Merchant support requests; or protect the rights, property, or safety of Swift Dropp-Off Limited, our Users, and the public. We may aggregate your publicly viewable User Content and certain other information about you onto a User profile viewable by anyone, which you can choose to make public (meaning your publicly viewable User Content will be displayed on your profile) or restricted (meaning only certain information about you and your User Content will be displayed on your profile, such as the number of Reviews and photos you’ve submitted but not their contents).

(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Swift Dropp-Off Limited through its suggestion, feedback, wiki, forum, or similar pages (“Feedback,” which is considered User Content) is at your own risk and that Swift Dropp-Off Limited has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Swift Dropp-Off Limited (including Swift Dropp-Off Limited’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use such Feedback.

(c) Ratings and Reviews. To the extent that you rate or post reviews of Merchants or other businesses, which may include but is not limited to text, photos, images, audio, or videos that you provide (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Swift Dropp-Off Limited and do not represent the views of Swift Dropp-Off Limited or its affiliates. Swift Dropp-Off Limited shall have no liability for Ratings and Reviews or for any claims of economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you acknowledge and agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship, or other affiliation or for any competitor of such a Merchant or business; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; (iv) for Ghana’s Orders, any Rating or Review you submit will comply with the Federal Trade

Communications with Swift Dropp-Off Limited

By creating a Swift Dropp-Off Limited account or using the Technology or Services, you agree to: (a) accept and receive communications from or on behalf of Swift Dropp-Off Limited, Contractors, Merchants, partners, and/or third parties providing services to you or Swift Dropp-Off Limited, including via email, text message, direct message, chat, and calls, to the contact information you provide to Swift Dropp-Off Limited when registering an account or using the Technology or Services; and (b) receive communications via push notification or in-app messages in the Swift Dropp-Off Limited mobile application. Further, you understand and agree that you may receive communications (e.g., calls, text messages, etc.) that are generated by an automatic telephone dialing system, and/or which will deliver prerecorded or automated messages, sent by or on behalf of Swift Dropp-Off Limited and Merchants (e.g., Merchants facilitating the delivery of your order), including but not limited to communications concerning orders you place through your account on the Services.

For clarification, you acknowledge and agree that you will receive communications from Contractors who are facilitating your receipt of the benefit of the Services (including multimedia messaging service (“MMS”) messages to confirm the delivery of your order). Message and data rates may apply and message frequency may vary. The communications in this Section 9 may include, without limitation, commercial or marketing messages (see Section 24 for information about consumer marketing text messages), transactional or relationship messages (e.g., messages about the availability of our services (e.g., interruptions in service), security and/or fraud (e.g., password reset messages), safety, responses to communications initiated by you, updates to policies/legal agreements (e.g., privacy policies, terms of service)), newsletters, and messages relating to research, political advocacy, or customer support (those initiated by you and by us). You acknowledge that receiving commercial or marketing messages or calls is not a requirement or condition for you to use the Services. For purposes of clarity, any message (including text message) or call you may receive from us, a Merchant, or a Contractor regarding an order is a transactional message, not a commercial, marketing, or promotional message or call. If there are changes to your contact information (e.g., email address, phone number), you agree to update your account to help prevent or limit Swift Dropp-Off Limited inadvertently communicating with someone else.

The opt-out options for communications are set out below. If you opt out of receiving communications via one channel, that opt out will only apply to the specific channel for which the opt out is submitted (e.g., if you opt out of receiving email communications, it will not apply to any other channels through which communications can be sent).

Please see the following for more information:

For email communications that permit opting out (e.g., commercial/marketing messages), there is an opt-out mechanism in the messages. For transactional or relationship email messages, the only opt-out option is to delete your account.
To opt out of receiving transactional or relationship text messages (e.g., order updates), you can: (x) toggle or slide off this type of message in your account settings; (y) reply “STOP” to a text message you receive;
For phone calls, you can submit a request to be added to Swift Dropp-Off Limited’s internal do not call list by making the request during the call or contacting Swift Dropp-Off Limited Support at…………………….
For push notifications, you can toggle or slide off these notifications in the mobile application.
To opt out of all communications, the only option is to delete your account.

Review the Swift Dropp-Off Limited Privacy Policy for more information about Swift Dropp-Off Limited’s privacy practices, contact information, and opt-out options.

You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Swift Dropp-Off Limited or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.

Electronic Records

By creating a Swift Dropp-Off Limited account or using the Technology or Services, you consent to the use of electronic records. You also agree that all terms and conditions, agreements, notices, disclosures, and other communications that Swift Dropp-Off Limited provides to you electronically satisfy any legal requirement for such communications to be in writing. You agree to keep your contact information, including email address, current. This paragraph does not affect your statutory rights.

To view and retain a copy of this Agreement, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access, and (b) either a printer or storage space on such device.

Intellectual Property Ownership

Swift Dropp-Off Limited alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology or the Services, or any intellectual property rights owned by Swift Dropp-Off Limited. Swift Dropp-Off Limited names, Swift Dropp-Off Limited logos, and the product names associated with the Technology and Services are trademarks of Swift Dropp-Off Limited or third parties, and no right or license is granted to use them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services.

Payment Terms

(a) Prices and Charges. You understand that: (i) the prices for for the use of Services could be different from prices charged by similar Services offered by our competitors and still accept to use our Service;

(ii) Swift Dropp-Off Limited has no obligation to itemize its costs, profits, or margins when publishing such prices; and

(iii) Pricing may change at any time, at and in the discretion of Swift Dropp-Off Limited.

(iii)You are liable for all transaction taxes (other than taxes based on Swift Dropp-Off Limited’s income), including e-levies, and other transaction taxes if applicable, on the Services provided under this Agreement (which, for the avoidance of doubt, includes any fees Swift Dropp-Off Limited charges for affiliate Services of Merchants that enhance our Services and Benefit Users). If transaction taxes and other transaction fees are applicable, Swift Dropp-Off Limited reserves the right to charge you additional amounts on account of such taxes and fees.

(b) Refunds

(i) Charges paid by you for completed and delivered Packages and orders are final and non-refundable. Swift Dropp-Off Limited has no obligation to provide refunds or credits but may grant them gratuitously at Swift Dropp-Off Limited’s sole discretion in each case.You agree and acknowledge that we will not honor any claim that your order was not delivered and you hold Swift Dropp-Off Limited harmless for Contractor’s Limitations, omissions and other non-perfomance.

(ii) Charges paid by you for items not picked up by a contractor or a cancellation you or Contractor are subject to a refund and will be refunded less any e-levies or financial transactional fees.

In order to make a claim for a refund or credit, please follow the procedures set out in the Technology or Services Mobile Application.

(c) Promotional Offers and Credits. Swift Dropp-Off Limited, at its sole discretion, may make promotional offers with different features and different pricing to any User or Contractor. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public, unless expressly permitted by Swift Dropp-Off Limited; (iii) are subject to the specific terms that Swift Dropp-Off Limited establishes for such promotional offer;

(d) Fees for Services. As indicated earlier, Swift Dropp-Off Limited may change the fees that Swift Dropp-Off Limited charges you as we deem necessary or appropriate for our business.

Swift Dropp-Off Limited may offer different pricing to customers based on a variety of factors, including but not limited to geographic areas or usage. Swift Dropp-Off Limited may also charge you additional fees as required by law. Further, Swift Dropp-Off Limited may charge Merchants fees on delivery orders that you place through the Services, including commissions and other fees, and may change those Merchant fees as we deem necessary or appropriate for our business or to comply with applicable law. Swift Dropp-Off Limited may charge you a Service Fee for the convenience of ordering through the Swift Dropp-Off Limited platform.

Arbitration Agreement

THIS SECTION 14 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”

Please read this Section 13 carefully. It requires that any and all claims between you and Swift Dropp-Off Limited be resolved by binding arbitration.

This Section 13 prevents you from pursuing a class action or similar proceeding in any forum.

(a) Scope of Arbitration Agreement. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. You agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Swift Dropp-Off Limited or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Swift Dropp-Off Limited as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be resolved by binding arbitration, rather than in court, except as otherwise required by law—such as individual claims for sexual assault or sexual harassment arising from use of the Services by Ghana Consumer—or as otherwise provided in this Arbitration Agreement. In addition, to the extent permitted by applicable law, either you or Swift Dropp-Off Limited may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Either you or Swift Dropp-Off Limited may also, to the extent permitted by applicable law, apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.

CASES MAY HAVE BEEN FILED AGAINST Swift Dropp-Off Limited—AND OTHERS MAY BE FILED IN THE FUTURE—THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS, AND BY ACCEPTING THIS ARBITRATION AGREEMENT YOU ELECT NOT TO PARTICIPATE IN SUCH CASES.

IF YOU AGREE TO ARBITRATION WITH Swift Dropp-Off Limited, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST Swift Dropp-Off Limited IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

Waiver Of Jury Trial

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND Swift Dropp-Off Limited WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Swift Dropp-Off Limited are instead electing to have all disputes resolved by arbitration.There is no judge or jury in arbitration, and court review of an arbitration award is limited.

Third-Party Interactions

(a) Third-Party Websites, Applications, and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”), and advertisements (“Third-Party Advertisements”) (collectively, “Third-Party Websites and Advertisements”). When you click or tap on a link to a Third-Party Website, Third-Party Application, or Third-Party Advertisement, Swift Dropp-Off Limited will not warn you that you have left Swift Dropp-Off Limited’s website or Services and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Advertisements are not under the control of Swift Dropp-Off Limited. Swift Dropp-Off Limited is not responsible for any Third-Party Websites and Advertisements. Swift Dropp-Off Limited provides links to these Third-Party Websites and Advertisements only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites and Advertisements or their products or services. You use all links in Third-Party Websites and Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

(b) App Stores. You acknowledge and agree that the availability of the Technology and the Services is dependent on the third party from which you received the application licence, such as the Apple or Android app store (each, an “App Store”). You acknowledge and agree that this Agreement is between you and Swift Dropp-Off Limited and not with the App Store. Swift Dropp-Off Limited, not the App Store, is solely responsible for the Technology and the Services, including the mobile application(s), the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (for example, product liability, legal compliance, or intellectual property infringement). In order to use the Technology and the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access.

Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Swift Dropp-Off Limited and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation, legal and/or attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement or any representation, warranty, condition, or covenant in this Agreement; or (d) your violation of any applicable laws, rules, or regulations through or related to the use of the Technology or Services.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE TECHNOLOGY AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE TECHNOLOGY AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. SWIFT DROPP-OFF WILL USE REASONABLE ENDEAVORS TO ENSURE THE TECHNOLOGY AND SERVICES ARE AVAILABLE AS MUCH OF THE TIME AS POSSIBLE, BUT DOES NOT GUARANTEE THEY WILL BE AVAILABLE ALL OF THE TIME. THE TECHNOLOGY AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT GUARANTEES, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, GUARANTEES, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, AND NON-INFRINGEMENT. SWIFT DROPP-OFF MAKES NO WARRANTIES, CONDITIONS, OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE TECHNOLOGY OR SERVICES, OR THE SERVICES, TECHNOLOGY, TEXT, GRAPHICS, OR LINKS.

SWIFT DROPP-OFF DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE TECHNOLOGY OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE TECHNOLOGY OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,

SWIFT DROPP-OFF SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.

Internet Delays

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Except as otherwise required by applicable law and subject to the Non-Excludable Provisions, Swift Dropp-Off Limited is not responsible for any delays, delivery failures, damage, loss, injury, or other economic damage resulting from such problems.

Exclusive Venue

(a) Ghana Customers: Both you and Swift Dropp-Off Limited agree that all claims and disputes arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding Swift Dropp-Off Limited or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with Swift Dropp-Off Limited as a User of our Services (this includes, without limitation, any contract claim, tort claim, statutory claim, or claim for unfair competition), will be litigated exclusively or resolved by Arbitration in the geographical region of Ghana.

Termination

If you violate this Agreement, Swift Dropp-Off Limited may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behaviour exists.

In addition, at its sole discretion, Swift Dropp-Off Limited may modify or discontinue the Technology or Services, or may modify, suspend, or terminate your access to the Technology or the Services, for any reason, with or without notice to you and without liability to you or any third party. Where required by law, we will provide you with written notice of the suspension or termination of your access to the Technology or the Services, including of the reasons which led us to take such action. In addition to suspending or terminating your access to the Technology or the Services, Swift Dropp-Off Limited reserves the right to take appropriate legal action, including without limitation, pursuing civil, criminal, or injunctive redress. Even after your right to use the Technology or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.