The following definitions apply to these Terms:
‘Content Standards’ means our content standards as set out in clause 6 below;
‘Services’ means the services offered by Nje-Njel via this website;
‘User’ means any user of this website
2. Information about us
The owner and operator of this site is Nje-Njel Ltd.
3. Accessing our site
3.1. While certain parts of the Services are accessible by everyone, in order to use the Services provided through the website you must register and create an account on the website.
3.2. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.
3.3. From time to time, we may restrict access to some parts of our site, or our entire site, to Users.
3.5. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3.6. You are solely and fully responsible for all activities that occur under your password or account, even if not authorised by you. Nje-Njel has no control over the use of any User’s account and expressly disclaims any liability derived therefrom.
3.7. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security in respect of your account, please must contact Nje-Njel immediately.
3.8. By providing your mobile phone number and using the Service, you hereby affirmatively consent to Nje-Njel’s use of your mobile phone number for calls and texts only where Nje-Njel thinks it reasonably necessary to facilitate fulfilment of transactions.
3.9. Nje-Njel will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by modifying your account settings in the profile page section of your account or by e-mailing us at email@example.com.
4. Social media integration
4.1. As part of the functionality of the Service, you may link your account with online accounts you may have with third-party service providers (each such account, a ‘Social Media Account’), for example Facebook and Twitter by either:
4.1.1. providing your Social Media Account login information through the Service; or,
4.1.2. allowing Nje-Njel to access your Social Media Account, as is permitted under the applicable terms and conditions that govern your use of each Social Media Account.
4.2. You represent that you are entitled to disclose your Social Media Account login information to Nje-Njel and/or grant Nje-Njel access to your Social Media Account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Social Media Account and without obligating Nje-Njel to pay any fees or making Nje-Njel subject to any usage limitations imposed by such third-party service providers.
4.3. By granting Nje-Njel access to any Social Media Accounts, you understand that:
4.3.1. Nje-Njel may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the ‘Social Media Content’) so that it is available on and through the Service via your account, including without limitation any friend lists; and,
4.3.2. Nje-Njel may submit and receive additional information to your Social Media Account so long as you are notified of this when you link your account with the Social Media Account.
4.4. Unless otherwise specified in this Agreement, all Social Media Content, if any, shall be considered to be User-Generated Content for all purposes of this Agreement.
4.5. Depending on the Social Media Accounts you choose, and subject to the privacy settings that you have set in such Social Media Accounts, personally identifiable information that you post to your Social Media Accounts may be available on and through your account on the Service.
4.6. Please note that if a Social Media Account or associated service becomes unavailable or Nje-Njel’s access to such Social Media Account is terminated by the third-party service provider, then Social Media Content may no longer be available on and through the Service.
4.7. You will have the ability to disable the connection between your account on the Service and your Social Media Accounts at any time.
4.8. Please note that your relationship with the third-party service providers associated with your Social Media Accounts is governed solely by your agreement(s) with such third-party service providers. Nje-Njel makes no effort to review any Social Media Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Nje-Njel is not responsible for any Social Media Content.
4.9. At your request made via e-mail to firstname.lastname@example.org, Nje-Njel will deactivate the connection between the Service and your Social Media Account and delete any information stored on Nje-Njel’s servers that was obtained through such Social Media Account, except the username and profile picture that become associated with your account. Nje-Njel retains these in order to be able to check that Users who have been suspended or terminated by Nje-Njel do not re-apply to join.
5. Restrictions and Prohibitons
5.1. We may, at any time, for any reason or no reason, in our sole discretion and without notice to you, refuse any transaction or limit the amount to be received on behalf of a designated recipient from you, either on a per transaction basis or on an aggregated basis. Any such limits may be imposed on individual accounts, linked accounts, or on related accounts or households, in Nje-Njel’s sole discretion. We reserve the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.
5.2. Your transaction may be delayed or cancelled in the course of our efforts to verify your identity, validate your transaction instructions, contact and locate you, and otherwise comply with internal protocols of verification of identity. Business hours and currency availability may also cause a delay. Nevertheless, you may be entitled to a refund in certain circumstances, in our absolute discretion.
5.3. You may not submit a transaction on behalf of any other person unless there is a legal reason and provided there is a relationship between the parties.
5.4. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations. It is a violation of the Agreement to use the Service for any of the following activities (without limitation):
5.4.1. sexually-oriented materials or services;
5.4.2. gambling activities;
5.4.3. fraud, and money-laundering;
5.4.4. the funding of terrorist organizations; or,
5.4.5. the purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances.
5.5. If you use the Service in connection with illegal conduct, Nje-Njel reserves the right to cancel the booked transaction and report you to the appropriate law enforcement agency or agencies.
5.6. The Service may not be available to all customers at all times. We may, in our sole discretion, refuse transactions funded from certain payment instruments. We may, at our sole discretion, refuse transactions from certain payers and to certain recipients or certain jurisdictions, territories or locations.
5.7. The exchange rate of which you are notified in the instructions provided to you for a particular transaction is effective only for the amount you indicated you will pay the designated recipient pursuant to that transaction and not for any other transaction(s).
5.8. The amount received will be the only amount processed by Nje-Njel on your behalf at the exchange rate on the date of the transaction.
5.9. We generally do not let you change the details of your transaction once you have submitted it on the Site. It is your responsibility to make sure your transaction details are accurate before they are submitted.
5.10. In connection with your use of the Service, or in the course of your interactions with Nje-Njel, a user or a third party, you agree that you will not:
5.10.1. breach this User Agreement, or any other agreement between you and us;
5.10.2. register for more than one dashboard account on the Site, without our prior written permission;
5.10.3. provide false, inaccurate, or misleading information;
5.10.4. refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
5.10.5. use an anonymous proxy;
5.10.6. use any robot, spider, other automatic device, or manual process to monitor or copy our Site without our prior written permission.
5.11. You may use our site only for lawful purposes. You may not use our site:
5.11.1. in any way that breaches any applicable local, national or international law or regulation;
5.11.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.11.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards in clause 5 below;
5.11.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation;
5.11.5. to knowingly transmit any data, send or upload any material that contains viruses, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
5.11.6. to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these Terms;
5.11.7. to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site, or any equipment or network or software owned or used by any third party.
5.12. You can access, modify or update your personal information submitted on our Site by logging into your account and changing your preferences. However, be aware that if the changes are substantial and/or directly affect the processing of the transaction, it might also affect the timeframe in which your payment is settled, or it might be cancelled completely.
6. Content Standards
6.1. ‘Content’ is defined as any information and materials you provide to Nje-Njel or other Users in connection with your registration for and use of the Service, including without limitation that information posted or transmitted for use to other Users, whether on or off this website. You are solely responsible for Content, and we act merely as a passive conduit for your online distribution and publication of Content. The information and materials described in this Section, as provided by each User, is collectively referred to herein as ‘User-Generated Content’.
6.2. The standards apply to each part of any User-Generated Content as well as to its whole.
6.3. User-Generated Content must:
6.3.1. be accurate (where they state facts);
6.3.2. be genuinely held (where they state opinions); and,
6.3.3. comply with applicable law in the UK and in any country from which they are posted.
6.4. User-Generated Content must not:
6.4.1. contain any material which is defamatory of any person;
6.4.2. contain any material which is obscene, offensive, hateful or inflammatory, or promotes sexually explicit material or violence;
6.4.3. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6.4.4. infringe any copyright, database right or trade mark of any other person;
6.4.5. be likely to deceive any person;
6.4.6. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
6.4.7. promote any illegal activity;
6.4.8. be likely to harass, upset, embarrass, alarm or annoy any other person;
6.4.9. be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
6.5. The P2P Delivery Service hosts User-Generated Content relating to reviews of specific Couriers. Unless we specifically provided otherwise, all such reviews, feedback or submissions of any kind that you submit to this are hereby received on a non-confidential basis and shall, to the fullest extent permissible under applicable law, become our property. However, such reviews remain the opinions of Users and not the opinion of Nje-Njel, have not been verified or approved by Nje-Njel and each Client should undertake their own research to be satisfied that a specific Courier is the right person for an Assignment. You agree that Nje-Njel is not liable for any User-Generated Content.
6.6. You hereby grant Nje-Njel a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.
7. Suspension and termination
7.1. We retain the right to determine whether there has been a breach of these Terms through your use of our site. When a breach has occurred, we may take such action as we deem appropriate.
7.2. A material breach may result in our taking all or any of the following actions:
7.2.1. immediate, temporary or permanent withdrawal of your right to use our site;
7.2.2. immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
7.2.3. issue of a warning to you;
7.2.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
7.2.5. further legal action against you; and,
7.2.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
7.3. We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action.
8. Intellectual property rights
8.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
8.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
8.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged
8.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
9. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its content.
10. Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
11. Our liability
11.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
11.1.1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and,
11.1.2. any liability for any direct, indirect or consequential loss, damage or theft incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site. Any websites linked to it, and any materials posted on it; including, without limitation any liability for loss or income or revenue; loss of business, loss of profits or contracts; loss on anticipated savings; loss of data ; and loss of goodwill for any other loss or damage of any kind, however arising and whether caused my tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss damage or theft to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
11.2. Location or mapping information is provided for guidance only. It is based on postcodes, so cannot be an exact indicator of the location of a property. No liability is accepted for the accuracy of postcode or location information.
11.3. The limitations in this clause 11 do not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
11.4. Any responsibility for any claims regards damages, theft or loss lies between the buyer and supplier as the subjects of the contract. Nje-Njel do not have jurisdiction to enforce any compensation or filing of a claim by a supplier.
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF NJE-NJEL, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY ‘THE NJE-NJEL PARTIES’) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE NJE-NJEL PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE NJE-NJEL PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
UNDER NO CIRCUMSTANCES WILL ANY OF THE NJE-NJEL PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE NJE-NJEL PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE NJE-NJEL PARTIES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.
In the event that any of these Terms are held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms shall remain in full force and effect.
The sections of these Terms entitled ‘Intellectual Property Rights’, ‘Our liability’ and ‘Jurisdiction and applicable law’, shall survive the termination of these Terms.
14. Information about you and your visits to our site
15. Uploading material to our site
15.1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other Users, you must comply with our Content Standards. You warrant that any such User-Generated Content does comply with those standards, and you indemnify us for any breach of that warranty.
15.2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
15.3. You will not upload material which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
15.4. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
15.5. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the Content Standards.
16. Linking to our site
16.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
16.2. You must not establish a link from any website that is not owned by you.
16.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with our Content Standards.
16.4. If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com
17. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. Jurisdiction and applicable law
18.1. Subject to clause 18.3 below, the courts of England & Wales will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
18.2. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
18.3. Notwithstanding clause 18.1 above, Nje-Njel shall have the option, in its absolute discretion, to require that you and Nje-Njel submit to binding arbitration for the purpose of resolving any dispute or controversy that shall arise in relation to these Terms or your use of this site.
18.4. The option in clause 18.3 above shall be exercised on reasonable written notice to you, in which case the dispute or controversy shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules, and the decision of the arbitrators shall be final and binding, save in the case of manifest error.
19. Use of Nje-Njel
No User shall acquire or use the word ‘Nje-Njel’ or any variant that includes the word ‘Nje-Njel’ as a trademark or any related intellectual property.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you when made. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.
21. Contacting us
If you have any concerns about material that appears on our site, please contact firstname.lastname@example.org.