P2P Agreement

 Last Updated: 19 June 2016

This website is operated by Nje-Njel Ltd (‘we’, ‘us’, ‘our’, ‘Nje-Njel’).

Our office address is 20-22 Wenlock Road, N1 7GU, London, United Kingdom

This User Agreement (‘Agreement’) governs the use of the P2P delivery platform provided by Nje-Njel on the website (referred to as the ‘Service’).

Please read this Agreement, our Website Terms of Use and the Nje-Njel Privacy & Cookie Policy before using the Service.

Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in this Agreement, our Website Terms of Use and the Nje-Njel Privacy & Cookie Policy, and your representation that you are 18 years of age or older OR the age of majority in your jurisdiction, whichever is the greater. If you object to anything in this Agreement, our Website Terms of Use or the Nje-Njel Privacy & Cookie Policy, please do not use the Service. Our Website Terms of Use and the Nje-Njel Privacy & Cookie Policy are incorporated by reference into this Agreement and this Agreement, our Website Terms of Use and the Nje-Njel Privacy & Cookie Policy together are hereinafter referred to as this ‘Agreement’. We may change this Agreement, our Website Terms of Use or the Nje-Njel Privacy & Cookie Policy from time to time. If we do so, we will update this Agreement.  Please therefore check this page regularly for updates.

 

There are some important parts of this Agreement that we would like to draw your attention to:

(a).      Nje-Njel provides a digital platform where individuals or businesses who need something to be delivered (we call them Senders) and individuals or businesses who are willing to perform such Assignments/task (we call them Bringers) can connect with each other.

(b).      Sender post requests to send their items to a given destination, or can  contact a Bringer and asks them to transport items in exchange for a fee or other remuneration, as agreed upon between the parties.

(c).      Bringers agree to carry items for Senders to the respective receiver designated by the Sender.  This is done in exchange for a completion code, which is then entered in the website to trigger payment to the Bringer of the sum agreed between the parties.

(d).      Senders and Bringers enter into a direct contract with each other in relation to the assignment to be performed. Nje-Njel and its affiliates are not a party to that contract so they are not responsible if a Sender or a Bringer does not do what they have said they will do, or if a Bringer performs an assignment badly or incorrectly.

(e).      By accessing and using the Service and complying with this Agreement, you consent to be contacted by email or to receive calls and text messages from us to your mobile phone, if we consider this necessary in order to facilitate fulfilment of an assignment.

 

1.         Our Service and our Fee

1.1.     The Service is a platform for enabling connections between Senders and Bringers. Senders are individuals and/or businesses seeking to obtain assignment services (“tasks”) from Bringers, and are therefore clients of Bringers. Senders and Couriers together are referred to in this Agreement as ‘Users’.

1.2.     Senders post an Assignment they would like performed by a Bringer  who is willing to perform that assignment for them, or they use the website’s search functionality to identify suitable Bringers and then contact those Bringers to invite them to bid for an Assignment (task"). Bringers include in their profiles an itinerary for their journey, and also specify what type of items they are willing to transport on behalf of Senders.  In consideration for providing the Service, we receive a fee in respect of assignments performed.

 

2.         Nje-Njel is a digital platform only

2.1.     Nje-Njel does not take part in the interaction between Users in relation to the Service (other than to try to facilitate fulfilment of assignments) and is not responsible for the performance of contracts between Users.

2.2.     In particular, Nje-Njel has no control over:

2.2.1. the quality, timing, legality, failure to provide, or any other aspect whatsoever relating to the Assignments and the way they are carried out;

2.2.2. any ratings provided by Users in respect of each other;

2.2.3. the nature and scope of Assignments provided by Senders;

2.2.4. the integrity, responsibility or any of the actions or omissions whatsoever of any Users; and,

2.2.5. whether the service provided by Couriers is insured, a matter on which you should seek confirmation and verification from Couriers

2.3.     Nje-Njel gives no assurances about the suitability, reliability, timeliness, or accuracy of the Assignments requested and provided by Users identified through the Service, whether in public, private, or offline interactions.

 

3.         No User Vetting

3.1.     Senders and Bringers are not subject to a vetting process before they can register and during their use of the Service.  Bringers are not necessarily professional transport providers.  Users must rely on their own due diligence regarding other Users and the nature, scope and legality of Assignments.

3.2.     Nje-Njel cannot confirm that each User is who they claim to be and therefore, Nje-Njel cannot and does not assume any responsibility for the accuracy or reliability of Users.

 

3.3.     When interacting with other Users on the website or in real life you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know, for example, by arranging to meet each other at safe times of the day.

 

3.4.     Nje-Njel will not be liable for any false or misleading statements made by Users of the Service.

 

4.         Agreeing to an Assignment

4.1.     Users of the Service contract for Assignments directly with other Users. Nje-Njel will not be a party to any contracts for Assignments or services and is not responsible for the performance of such contracts by Users.

4.2.     Users of the Service will be required to provide their credit/debit card or paypal account details to the Online Payment Provider.

4.3.     Assignments are agreed upon between Senders and Bringers in the following way:

Step 1:           The Bringer either searches for and contact or submit a bid on suitable Senders' ads on the website, OR the Sender enters details of an Assignment (known as a ‘ads’), including:

 

(i).       the type of Assignment;

(ii).      the locations to and from which the delivery is to be made;

(iii).      confirmation of what is in the package;

(iv).     a photograph of the package to be transported;

(v).      details of the weight and dimensions of the package;

(vi).     any other relevant information.

 

Step 2:           Based on the as Submission, and the information provided by Bringerss to us on registration, we notify Bringers who may be interested in the Assignment.  Bringer can then indicate their interest in performing the Assignment by submitting a bid or sending a message to the Sender

Step 3:           The Sender selects the Bringer they consider the best fit for the Assignment and pays the deposit. This deposit is held in escrow by Nje-Njel, subject to payment of a fee equal to paypal fees plus Nje-njel fees (in  percentage of the deposit amount).  The Client then receives a delivery confirmation code, which they should share with the receiver. At the same time, the Bringer then receives a encrypted version of the delivery confirmation code in order to check the code with the receiver at the delivery

Step 4:           Sender confirms the Assignment booking and can communicate with the Bringer directly to further discuss the Assignment.  At this point, the Bringer is provided with the precise locations that the package is to be transported to and from, and the Client’s contact details, including an e-mail address and postcode.

Step 5:           Once the Assignment has been completed, the Courier will receive the delivery confirmation code from the receiver and uses this to confirm completion of the Assignment.  An invoice (‘Invoice) is  sent to Sender . The Invoice will detail the amount paid by Sender, based on the bid amount on her/his ad.

Step 6:           The Invoice will be processed as described below unless the Sender disputes the Bringer’s notification that the Assignment is complete or that the Invoice is correct, in which case we will contact both Sender and Bringer with a view to assisting them in reaching an agreement. We may not be in a position to resolve any disputes and give no assurance that we will do so.  Our fees will normally have been deducted from the deposit paid by the Sender for the Bringer, however we reserve the right to deduct from the balance sum paid to the Courier by the Client any more of our fees that may be due. 

 

5.         Submissions

5.1.     We are under no obligation to you or any other person to oversee, monitor or moderate the website or any other service we provide on the website, however adss may be moderated. It will be at our discretion to determine whether or not an ad falls within our Content Standards, as set out in this clause 5.  We reserve the right to remove, or to disable access to, any submission which breaches the Content Standards.  In any event, we cannot guarantee how quickly ads will be posted on the Site.

5.2.     Submissions may not:

5.2.1. relate to the transport of any goods whose transport is prohibited by law;

5.2.2. relate to the transport of hazardous goods or other goods, including animals, whose transport is restricted by law except as provided for in clause 5.3 below.

5.3.     Submissions relating to goods falling within sub-clause 5.2.2 above may only be made if those goods are packaged correctly, and the Submission states clearly:

5.3.1. the nature of the goods to be transported; and,

5.3.2. details of the transport method required to comply with all relevant laws and regulations.

5.4.     Full responsibility for compliance with any laws and regulations in relation to the transport of any hazardous or restricted goods lies with the parties to that agreement and not with Nje-Njel. Users are warned that transporting goods in breach of any such laws or regulations may result in regulatory and/or criminal penalties.

 

6.         Non-circumvention

6.1.     Senders are not permitted to include contact information in their ads and Bringers are not permitted to contact our Users for the purpose of soliciting sales or circumventing our fees.  Any contact between Users must be via the steps set out in clause 4 above.

6.2.     Once an Ad is agreed with a Sender, the Bringer is required by the Electronic Commerce (EC Directive) Regulations 2002 to display his contact details, including the geographic address at which his business is established.

 

7.         Invoicing and Payment

7.1.     You may be charged a cancellation fee through the Online Payment Provider if you book an Ad, but cancel it before it is completed, as set forth in the Assignment pricing terms.

7.2.     Nje-Njel reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Assignment Payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the Online Payment Provider to do so.

7.3.     Assignment Payment and fees must be paid through the Service.

7.4.     Users of the Service will be liable for any taxes (including VAT, if applicable) required to be paid on the Services provided under the Agreement (other than taxes on the Company’s income).

7.5.     The Online Payment Provider is a third party.  We are not a provider or reseller of the Online Payment Provider and in order for Bringers to receive payments through the Online Payment Provider, each Bringer must enter into Terms of Service (the ‘Online Payment Terms’) with the Online Payment Provider.

7.6.     By accepting this Agreement, each Bringer confirms that:

7.6.1.              they have downloaded or printed the Online Payment Terms; and,

7.6.2.              they have reviewed and accept the Online Payment Terms subject to the amendments described below.

7.7.     The Online Payment Terms represent the terms of the Online Payment Provider and are not the terms of Nje-Njel. Nje-Njel gives no assurance as to the suitability or appropriateness of the Online Payment Terms for Couriers and Couriers should read them carefully.

7.8.     If you have questions regarding the Online Payment Terms, please contact the Online Payment Provider directly.

 

8.         User Warranties and Obligations

8.1.     Users must:

8.1.1. be at least 18 years old; and,

8.1.2. always provide valid and complete contact information and must always have a valid email address.

8.2.     Registered Users may not misrepresent their identities.

8.3.     We reserve the right to reject your registration at any time and for any reason and without notice to you.

8.4.     If you are registering on behalf of a business or any corporate body, by registering with us you are confirming that you have the proper authority to bind the business/corporate body on whose behalf you are registering

 

9.         Rules for Bringers

9.1.     Bringers must:

9.1.1. honour a transaction contract formed with a Sender;

9.1.2. provide the services for which payment was accepted; and

9.1.3. include all taxes, including VAT, and fees payable by the Client for the transport services in any bid, excluding any import or export duty payable on the goods transported.

9.2.     Bringers must not:

9.2.1. bid against their own bid, or have associates, or employees do so;

9.2.2. significantly misrepresent their services by not meeting the terms and services description outlined in the Bid;

9.2.3. refuse to accept payment for a service if their bid is accepted;

9.2.4. attempt to contact Senders directly or make their business identity or contact information available to Senders by the use of photographs, images, text or logos unless and until they have had a bid accepted by the Sender they are contacting. In the event of a Bringer bypassing the website, or placing fabricated bids in attempt to avoid website fees, Nje-Njel reserves the right to charge the equivalent to what the fee should have been based on the agreed amount. If no bid has been placed or price agreed, Nje-Njel will determine the deposit/fee price based on the current market value of the Assignment. In addition, Nje-Njel will charge a reasonable administration fee on all such transactions.

 

10.      Rules for Senders

10.1.   Senders must not:

10.1.1.            submit their own bids to decrease bids made by Bringers. Users bidding for the provision of services must be wholly independent from the Client of those services;

10.1.2.            interfere with a transaction or offer to buy or supply transport in response to an Ad outside of the website.

10.2.   We strongly advise customers and transportation services to avoid sharing any personal contact details, specific locations and bank details via our messaging service on Nje-Njel. Sensitive information can be shared privately once a bid has been accepted.

 

11.      Ratings/Reviews

11.1.   We will not be obliged to provide any User with due diligence on any other User.

11.2.   For each transaction, Users can choose to rate each other by leaving Rating/Feedback, according to a system and formula that we will put in place in our absolute discretion.

11.3.   Bringers are not permitted to include in their bids or terms of sale any conditions that limit or restrict the Sender from leaving feedback.

11.4.   Senders are not allowed to threaten Bringer with negative review/ratings in order to obtain goods or services not included in the original Ad.

11.5.   Bringers may not require Sender to leave specific review/rating. Bringer may not demand that Sender withdraw existing review. These prohibitions apply to all feedback activity, whether prior to, during, or after delivery of services described in the Ad/Task.

11.6.   Reviews comments must comply with rules on feedback listed on the site (if any). Nje-Njel reserve the right to remove or modify Reviews left by either the Sender or the Bringer without prior consent of either parties.

 

12.      Release

12.1.   The Service is a digital platform for connecting Users and not involved in the actual contract between Users or in the completion of the Assignment/Task.

12.2.   If you have a dispute with one or more Users, you release Nje-Njel from any and all claims, liabilities and losses of every kind and nature, known and unknown in any way connected with such disputes.

12.3.   Nje-Njel expressly disclaims any liability that may arise between Users of its Service.

 

13.      Cancellation

13.1.   Contracts are formed between Senders and Bringers so the negotiation and agreement of any cancellation and its consequences are matters for them. However, if one party cancels before any service has been provided and either party then wishes to recover their deposit or fee, then they may make a request to us for repayment. No such request should be made within seven (7) days of the date of acceptance of the bid or until reasonable attempts have been made to agree the terms of cancellation directly.

13.2.   We will review all cancellation requests. If appropriate the cancelled delivery requirement will be relisted on the site or deleted from it. The deposit or the dee may be refunded at our sole discretion.

13.3.   Any request for a refund of the deposit fee paid should be made within thirty (30) days of the acceptance of the bid. Nje-Njel cannot be liable for requests outside this timeframe.

13.4.   No cash refund will be provided once the Sender has received the contact details of the Bringer. In the event that the Courier in unable to fulfil its obligations in those circumstances, then the Sender must contact Nje-Njel to find an alternative Bringer.  Only in the event that Nje-Njel is unable to find an alternative will a refund be considered.

 

14.      Termination and Suspension

14.1.   Nje-Njel may terminate or suspend your right to use the Service at any time if, in its opinion, you have failed to comply with any provision of this Agreement, if any details you have provided to us turn out to be false, or if we believe it is necessary to do so in order to protect other Users and/or for the security of the Service.

14.2.   We will serve you with written or email notice of such termination, which will be effective immediately upon delivery of such notice.

14.3.   If Nje-Njel terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

14.4.   In addition to terminating or suspending your account, Nje-Njel reserves the right to take appropriate legal action. You may terminate this Agreement at any time by ceasing all use of the Service.

14.5.   All parts of this Agreement, which by their very nature should survive the expiration or termination of this Agreement, shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

15.      Legal status and deductions

15.1.   Nothing herein shall create or be deemed to create any joint venture, agency or partnership relationship between ourselves and any Users whatsoever. Users shall not hold themselves out as implying any such relationship with us.

15.2.   Each User assumes all liability for the legal relationship between, and legal status of, Senders and Bringers. 

15.3.   Users do not have authority to enter into written or oral - whether implied or express - contracts on behalf of Nje-Njel. Users acknowledge that Nje-Njel does not, in any way, supervise, direct, or control a Bringer’s work or Assignments.

15.4.   Nje-Njel does not set a Bringer’s work hours or location of work. Nje-Njel will not provide any equipment, labour or materials needed for a particular Assignment. The Service is not an employment service, employment business or employment agency and Nje-Njel does not serve as an employer of any Bringer. As such, Nje-Njel will not be liable for any tax or deductions, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a Client’s use of a Courier’s services.

15.5.   Client agrees to indemnify and hold harmless Nje-Njel and its affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with (among other things):

15.5.1.            a Courier being deemed by HM Revenue & Customs to be a worker or employee or holding similar legal status;

15.5.2.            Nje-Njel being incorrectly held to be an employer or joint employer of a Courier; or,

15.5.3.            any other relevant third-party claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, compensation benefits, unemployment benefits or any other employee or worker benefits.

 

16.      Disclaimer of Warranties

16.1.   We will use all reasonable endeavours to ensure that the Service is available for use for as much of the time as possible, but we do not guarantee that it will be available all of the time and, in particular, it may be unavailable from time to time due to scheduled maintenance or upgrades or for reasons outside our control (such as failures of internet access)

16.2.   We do not give or enter into any condition, warranty or other term to the effect that the Service:

16.2.1.            is or will be available all of the time;

16.2.2.            is or will be free from defects; or

16.2.3.            will comply with any particular standards.

16.3.   Except as expressly set out in these terms, no implied conditions, warranties or other terms, including any implied term relating to satisfactory quality or fitness for purpose, will apply to the Service or to any service provided by us via the Service.

16.4.   We shall not be liable to you for any loss of profits, goodwill or other intangible losses (even if Nje-Njel has been advised of the possibility of such damages) or for any indirect, special or consequential loss or damage, whether such loss or liability arises due to negligence, breach of contract, misrepresentation or for any other reason.

16.5.   The foregoing will not affect any statutory rights that you may have as a consumer through your use of the Service. Nothing in this agreement shall in anyway limit or exclude Nje-Njel’s liability for negligence, causing death or personal injury or for fraudulent misrepresentation or for anything, which may not be legally excluded or limited.

16.6.   Nje-Njel does not review User Assignment postings or other comments or content, and is not involved in any transactions carried out directly between Users.

 

17.      No Liability

17.1.   Nje-Njel is not responsible for and shall have no liability in relation to any Assignments or other dealings that are facilitated by Users using our Service.

17.2.   Any disputes in relation to any Assignments or dealings with Clients or Couriers should be raised and resolved directly with Client or Courier concerned.

17.3.   If you have a dispute with any Users whilst using the Service, you agree to release us from all claims, demands and damages of every nature, known and unknown, arising from or in any way connected with such disputes.

 

18.       Indemnification

18.1.   You hereby agree to indemnify Nje-Njel, its directors, officers, employees, agents, subsidiaries, affiliates, and its partners from and against any and all claims, losses, liabilities, judgments and reasonable costs, including legal fees and costs, incurred in connection with:

18.1.1.            your use or inability to use the Service; and,

18.1.2.            any content submitted by you or using your account to the Service, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful.

18.2.   Nje-Njel reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Nje-Njel.

 

19.      Governing Law

19.1.   Subject to clause 19.2 below, this Agreement and your use of the Service shall be governed by English law. You agree that any dispute between you and us regarding this Agreement or the Service will be dealt with exclusively by the courts of England & Wales.  Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

19.2.   Notwithstanding clause 19.1 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.

19.3.   The option in clause 19.2 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.

 

20.      General Provisions

Failure by Nje-Njel to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Nje-Njel with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Nje-Njel, its successors and assigns.

 

21.      Changes to this Agreement and the Service

21.1.   Nje-Njel may change this Agreement (including the Website Terms of Use and the Nje-Njel Privacy & Cookie Policy) from time to time. If Nje-Njel does so, it will post the updated terms of this Agreement on its website.

21.2.   If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate it and immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

21.3.   Nje-Njel may change, modify, suspend or discontinue any aspect of the Service at any time without notice or liability. Nje-Njel may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

 

22.      Contacting us

If you have any questions about this Agreement or about the Service, please contact us by email at info@nje-njel.com