Terms and Conditions of Use

Terms and Conditions of use

General

 These Terms and Conditions set out the terms of use or access governing the use of the BOYBOY app, Service, technology, website, and content by an individual from any location around the world provided by Phinklogic Limited, a Limited Liability company registered in Nigeria with RC 1613959. 

 The term “we” or “us” or “our” refers to  PhinklogicLtd., a limited liability company owner of the BOYBOY app founded in Nigeria. 

 The term “Services” consists of content, technology, mobile applications, and other related services that enable users to access logistics and delivery services through third-party service providers or affiliates. 

 PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

 By using our app and Service, you agree to be bound by the terms and conditions outlined in the document. These terms and conditions serve as our end user license agreement  (EULA) and establish a contractual agreement between you and Phinklogic.  

 If you do not agree to these Terms and Conditions, you may not access or use the Phinklogic app and services. These Terms and Conditions expressly supersede prior agreements or arrangements with you.

 Phinklogic may immediately cancel these agreements or any Services to you, or generally terminate offering or deny access to the Services or any part thereof, at any time for any reason.

We may apply supplemental terms to some services, including promotions, policies, activities, promotions. In the event of any supplemental terms, we will inform you on time and provide any information related to the Service.

 Supplemental terms will be adjudged a part of, the Terms for the purposes of the applicable Services.

 Phinklogic may revise the Terms related to the Services from time to time. Revisions will be valid upon Phinklogic’s posting of such updated Terms at this location or our media or service channels.

 By continuing the use of these services, you, after such posting, you consent to be bound by the Terms, as amended.

 Our privacy notice describes the personal data we collect and process, why we process them,  how we use and share, and the options available to you regarding this information.

Licenses and Restrictions

License

 Phinklogic grants you a revocable, non-exclusive, limited, non-transferable non-sublicensable license to:

  1. Install and use the application on your device in accordance with the terms and conditions of this license and the use of this Service. 
  2. Access and use any data, content, and materials that may be provided through the Services, strictly for personal and  non-commercial purposes

Restrictions

 You shall not: 

  1. Violate any applicable laws or regulations regarding the use of the app or Service
  2. Modify, adapt, improve, translate 
  3. Remove, alter, or modify any notice, copyright, trademark, or proprietary information from the Service. 
  4. Make modifications, reproduce, translate, develop derivative works from the Service except as permitted by Phinklogic. 
  5. Transfer, sell, lease, lend, transmit, distribute, license, or resell any portion of the app or the Service otherwise authorized by Phinklogic. 
  6. Disassemble, reverse engineer decompile, reverse engineer the app, services or  try to decrypt or copy the source code except as may be permitted by applicable law.
  7.  Develop or start any software, script, or any program to spy, mine data, scrap, index, or survey any part of the app or Services or illegally hinder the operation or functionality of any aspect of the app or Service.
  8. Use the app or Service to develop a rival software, app, or Service.
  9. Send programmed and automated queries or unsolicited emails to any website or to send any unsolicited commercial emails.
  10. Gain or attempt to gain unlawful access to or damage any aspect of the app or Service. 

Intellectual Property Rights

Ownership

 The app, services, and all the copyrights, trademark, patents, and all intellectual property rights therein shall remain the property of Phinklogic.

Furthermore, the proprietary technology, source code, object code, algorithms, application, company names, logos, company, product and service names, trademarks, or services marks remain the intellectual property of Phinklogic.

 These terms or the use of this app or Service does not grant you rights to the intellectual property by estoppel, implication, or legal except for the limited license granted above.

 

Third-Party Services, Software, and Content.

 The app and services may use, include, or be accessed in association with third-party or open-source software, solutions, Service, and content not controlled by Phinklogic.  You acknowledge and agree that your use of such open source or third-party services and content may be subject to and regulated by the different terms of use, privacy policies, licenses, disclaimers, legal documentation that may apply to such open source or third-party software.  

Under no circumstances shall Phinklogic be liable or responsible for the use or conflict that may arise from the use of the products or services from the third-party service providers. 

Your Use of the App and Services

  1.  You agree and acknowledge Phinklogic through its app BoyBoy app does not provide delivery and logistics services, and that these services are provided by independent third-party service providers who are not employees of Phinklogic.
  2. To use the Boyboy app, you are required to install the software, register, and maintain a user account. 
  3. Registration of a user account will require the submission of some personal information, including name, address, mobile phone number, and age. 
  4. When using the app, you may be required to choose your payment method. Phinklogic may activate and deactivate one or more payment options. In an event where payment options are deactivated, users will be required to utilize the available payment options.  
  5. Users agree to maintain accurate, complete, and up-to-date account information.
  6.  You are responsible for all account activity and security and secrecy of your Account username and password. Users may notify Phinklogic in case of any security breach, including unauthorized use of their username and password.
  7. You agree that you will not give or transfer your account to any other person or entity
  8. Users agree they will not use the Service for unlawful purposes such as transport of illegal substances and that they will comply with all applicable laws regarding the use of the App or Services. 
  9. Users agree that while using the App or Services, they will not disturbances,  cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. 
  10. By using our app, you agree that you may receive text messages to facilitate service delivery and as a part of the business operation of your use of the Services. 
  11. You may opt-out of receiving marketing and promotional text messages from Phinklogic. However, you acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
  12. We provide communication services between users and with PhinkLogic (and BoyBoy) on our website and apps. Communications could be through SMS, In-app chats, calls, involving text, and file exchange. 
  13. We collect communications-related data and use this data to carry out data analysis, provide improved customer service and support, and resolve disputes between users. 

 

Promotions and offers

 Phinklogic may offer discounts, giveaways, and promotional offers, or coupon codes to users in the form of credits, monetary rewards, access to service features, and other benefits that may be accessible through service-related benefits or third-party service providers. In accordance with these terms and conditions and additional terms that may accompany the offer. 

 You agree that  

  • You will abide by the terms and conditions covering the promotional offer and other related agreements.
  • Promotional offers will be used for the right audience and purpose, and in accordance with the law 
  • You may not sell, duplicate or transfer the offer unless expressly permitted by Phinklogic. 
  • Phinklogic may withdraw or disable promotional offers at any time for any reason without liability. 
  • In the event that Phinklogic determines the promotional offer was won through error, fraudulent or illegal means or there is a violation of the applicable Promo Code terms or any of the terms. Phinklogic reserves the right to withhold, withdraw or deduct credits or other features or benefits obtained through the promotional offers. 

Use of Information 

User-Provided Content

 In the course of using the app or Service, Phinklogic may allow you to publish, provide, generate, make available, submit, upload, publish or otherwise make available information, data, content in the form of text, audio or visual, including reviews and feedback related to the Services. 

You hereby authorize Phinklogic, its agents, partners, and agents to collect store and use any data, information, or content provided by you and derived from or relating to your use of the app or services. 

 However, by providing data, content, and information to  Phinklogic, you agree that without further consent from you or notice and/or payment to you or any other person or entity, you grant Phinklogic an unrestricted,  transferrable, irrevocable, global royalty-free license and the authority to use, duplicate, reproduce, copy, edit, modify, develop variations and derivative works, sublicense, distribute, display and exploit or utilize in any form such data and information Content in all forms, formats and distribution channels currently known and available or hereafter devised (in relation to our App and Services including our business and on third-party sites, apps and services)

 You agree that: (i) you exclusively own the rights to information, and you have the authority to sublicense or grants the rights to Phinklogic to use the information and data as set forth in the foregoing. ii) The information, data, and content shall not cause violations, misappropriations, or infringements on the proprietary rights, privacy, or publicity rights, of a third party, law, or regulation. (iii)You will not share unlawful, offensive,  defamatory, libelous, hateful, violent, obscene, pornographic, or otherwise offensive, as determined by Phinklogic regardless of whether or not such content or information may be protected by law.

 

Phinklogic may remove data, information and user content at any time without notice.

Privacy Policy

Our privacy policy describes how we collect, process, and use personal data that you have sent to us. You agree that shall comply with the terms and conditions of our Privacy Policy, 

Phinklogic reserves the right to effect changes on the Privacy Policy at its sole discretion and at any time. We update our policies regularly. Any updates or amendments will be communicated to users through this page,  our apps, websites, emails, or other appropriate channels. After the updates, continuous use of our services will mean you have accepted the terms and conditions of this policy to the extent permitted by law. 

 

Payment

You agree that in the course of using the app or Service, Phinklogic may charge fees for the Service you receive from a third-party service provider.

Upon receiving the Service, users will make payments through the available channels or options provided by us. Phinklogic will process payments using your preferred service payment option.  If your preferred payment option is invalid, expired, or we are unable to process payments, you agree that Phinklogic, at its sole discretion, will process payments through other payment options.  

Phinklogic will process payment for Service on behalf of the third-party service providers, and where card payment options are chosen, Phinklogic will collect payments on behalf of third-party service providers. 

Fees or charges may include but not limited to service fees, tolls, processing fees, surcharges, taxes, and other applicable fees.  Payments for services are non-refundable unless decided by Phinklogic. 

Phinklogic reserves the exclusive right to set, establish, remove, change or revise fees or charges for any or all services at its sole discretion and at any time. You agree that certain circumstances such as high demand during the peak periods or location-based price adjustments may warrant a substantial increase in charges. Phinklogic will inform users of such changes, and continuous use of the services implies that you agree to the adjustments. 

 Phinklogic may offer promotions and discounts from time to time that may result in variations fees and charges for services. You agree that such promotional offers and discounts, except also offered to you, shall impact your use of the app or Service or the Charges applicable to your use of the Service. Phinklogic may charge you other fees for violations, including cancellation fees when you cancel your request for Service before the third party service provider arrives to fulfill the Service. 

 You may rate,  provide reviews, or feedback about your experience with the app, Service, and the third service providers.

 

Disclaimers, Limitation of Liability and Indemnity.

 DISCLAIMER.

 YOU ACKNOWLEDGE THAT THE APP OR  SERVICES ARE PROVIDED ON THE BASIS OF  “AS IS” AND “AS AVAILABLE” AND THAT THE  USE OF THIRD-PARTY SERVICES OR CONTENT IS AT YOUR OWN RISK AND SOLE DISCRETION. 

THEREFORE, PHINKLOGIC AND ITS AFFILIATES, AND PARTNERS DISCLAIMS ALL REPRESENTATIONS, GUARANTEES, AND WARRANTIES REGARDING THE USE OF THE APP OR SERVICES AND NOT EXPRESSLY SET OUT IN THESE TERMS, WHETHER THEY ARE EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITHOUT LIMITATIONS AND NON-INFRINGEMENT. 

 FURTHERMORE, PHINKLOGIC, MAKES NO  WARRANTY, OR GUARANTEE THAT THE APP, SERVICE INCLUDING THIRD-PARTY SERVICES WILL BE RELIABLE, ERROR-FREE, SECURE, SUITABLE, TIMELY, AVAILABLE, UNINTERRUPTED AND QUALITY. 

PHINKLOGIC WILL NOT GUARANTEE THAT THE APP OR SERVICES WILL MEET QUALITY STANDARDS, OR THAT ERRORS WILL BE CORRECTED.

 YOU AGREE THAT YOU SHALL BEAR THE FULL RISK RESULTING FROM YOUR USE OF THE APP OR SERVICES, INCLUDING THIRD-PARTY SERVICE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY.

 PHINKLOGIC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES, INJURY, LOST PROFITS, ARISING FROM THE RELIANCE ON OR THE USE OF THE APP OR SERVICE, INABILITY TO ACCESS OR USE THE APP OR SERVICE; AND THIRD-PARTY SERVICES INCLUDING TRANSACTIONS AND RELATIONSHIPS WITH THIRD PARTY SERVICE PROVIDERS WHETHER PHINKLOGIC HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT AND WHETHER THE DAMAGES WERE FORESEEABLE OR NOT. 

PHINKLOGIC’S TOTAL LIABILITY TO YOU  IN CONNECTION WITH THE SERVICES FOR ALL LOSSES AND DAMAGES SHALL NOT EXCEED TEN THOUSAND NAIRA (NGN 10000). THE LIMITATIONS AND DISCLAIMER WILL APPLY WHETHER OR NOT THE ABOVE STATED REMEDY FAILS. 

 Indemnity

 You agree to indemnify and hold Phinklogic and its affiliates, partners, contractors, suppliers and directors, officers, staff, employees, and agents harmless from any and all claims, demands, proceedings, penalty,  losses, liabilities, interest and expenses (including professional, attorneys and advisor’ fees) arising from or in connection with: (i) Your use of the App or Services or services (ii) your breach or violation of any of these Terms and Agreement; (iii) your misconduct and negligence (IV) Phinklogic use of your data, information or content (iv) your violation and infringement on the rights, intellectual property, trade secrets, and copyright or any third party. 

 

Insurance on Damage or Lost Property

 All goods and packages in transit on our platform are covered by Goods in Transit insurance. Our maximum liability in connection with any package or shipment, whether lost or damaged, will not exceed the value of the shipment.  You agree to be bound by the terms and conditions of the liability coverage and to receive compensation thereunder on the terms and conditions of the insurance cover.

You further agree to acknowledge that you will not use the Service to transport item in the following categories:  (i)Weapons and Ammunitions (ii)Fireworks and explosives (iii)Hazardous waste (iv)Live animals (v) Hard drugs and narcotics (vi)Corpses or cremated remains (vii)Materials whose trade is prohibited by international treaties (viii) Items of incredible value (ix) Bank bills  

Phinklogic will further ensure that all third-party service providers obtain comprehensive motor vehicle insurance, personal accident cover, and/or carrier’s liability cover, as applicable.

Governing Law

 Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Any disputes resulting from these terms shall be adjudicated in a court of competent jurisdiction. 

Assignment

 You shall not assign these Terms in whole or in part without Phinklogic’s prior written consent. Any attempted transfer or assignment in violation of these terms shall be null and void. You agree that Phinklogic may assign these Terms to affiliates, subsidiaries and, third parties, partners, investors, equity, or business acquirers. 

Severability 

Each provision of our terms operates separately. If any provision of these Terms is held to be invalid or unenforceable, in whole or in part, under any law, the remainder of these terms or its application to persons other than those to whom it is held illegal or unenforceable shall not be affected, and the remaining terms shall be valid, legal and enforceable to the full extent of the law. 

General Notice

 Phinkogic may issue a general notice on services, changes in terms and conditions, privacy notices via electronic email to the email address supplied during registration, and saved on your account. You may write or send correspondences to Phinklogic address at 7B T.F Kuboye Street, Lekki, Lagos.