Terms of Service – InstaDash

Terms & Conditions

Thank you for using InstaDash!

These Terms & Conditions (“Terms”) govern access or use by you, your heirs, assigns, and successors (collectively, “you” or “your”) of mobile applications, web applications, websites and services (the “InstaDash Platform” or “Our Platform” or “Instadash”) made available by InstaDash BV a private limited liability company established in the Netherlands (trading as “InstaDash”). This Agreement applies to all visitors, users, and others who access our Platforms (each, hereafter, a “user”).
PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES

1. ACCEPTANCE OF THIS AGREEMENT

In entering into this Agreement, you have not relied on any representation or information from any source except the definition and explanation of the Service given on Our Platforms. InstaDash is a technology platform that presents you with a set of one or more Retailers’ (each a “Retailer”) virtual storefronts from which you can select products for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Retailer from whom you purchase products through our Platforms, picking and packing, and delivery services may be performed by third parties. Our Platform permits Users to place orders for products from various Retailers either for delivery or pickup (the “Software”). Once a delivery order is made, the Software notifies third parties that a delivery opportunity is available, and the Software facilitates completion of the delivery to the customer. Once a pickup order is made, the Software communicates with the customer regarding the availability of the order for pickup.

the Instadash Platform, or complete the InstaDash account registration process, you hereby represent and warrant that:

you have read, understand, and agree to be bound by this Agreement.
you are of legal age in your country to form a binding contract with InstaDash BV; and
you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement

2. DEFINITIONS

a. “InstaDash App”

means the mobile phone / cell-phone software application which enables you to `{`select, order and pay for Products`}` using your phone. It includes any “app” or other product, material or thing offered by us on Our Website, including supporting material, in hard or soft copy, and whether or not bought by you. A reference to “InstaDash” shall be a reference to all or part of our Platforms.

b. “Service”

means the service we provide to you via our Platforms.

c. “Content”

means the textual, visual or audio content that is encountered as part of your experience using the InstaDash App or Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you and all of the content provided by Sellers to inform illustrate and promote sales of the Products.

d. “Copy or Publish”

with reference to the InstaDash App/ website, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other software.

e. “Device”

includes any device, workstation, electronic application or electronic receiving device.

f. “Licence”

means a non-exclusive, non-sublicensable, revocable, non-transferrable licence granted by us to you in the terms of this agreement for use of the InstaDash App.

g. “Our Website”

means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us.

h. ``Post``

means place on or into Our Website any Content or material of any sort by any means.

i. “Product”

means any product offered for sale on our Platforms

j. “Retailer”

means a person or organisation whose Products we offer for sale through the App/website.

k. “User” and “Users”

refers to all individuals and other persons who access or use our Platforms, including, without limitation, any organizations that register accounts or otherwise access or our Platforms through their respective 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 our Platforms.

l. “Third Party”

includes Retailer personnel, independent contractors, and Retailer’s logistics providers (collectively, “Third Party Providers”).

m. “Software”

means the software which constitutes the InstaDash App, or which provides any electronic function which supports the use of it.

3. RETAILERS & THIRD-PARTY PROVIDERS ARE INDEPENDENT

3.1 InstaDash is a marketplace. We are agents of Retailer only to the extent of use of our Platforms for sale of Products, collection and forwarding of your money.

3.2 In any dispute with a Retailer, you should deal only with the Retailer. We have neither legal obligation nor detailed information about the Product.

3.3 You acknowledge that services provided by Third Party Providers are provided by third-party independent contractors who are not employed by InstaDash. You acknowledge that InstaDash, as a limited collection agent, does not supervise, direct, or control the performance of services provided by Third Party Providers to you or for your benefit.

3.4 When you use our Platforms to place an order for products, you authorize the purchase of those products from the Retailers you select and, InstaDash shall deliver products selected through our Third-Party Providers. Unless otherwise specified, you acknowledge and agree that InstaDash and the Third-Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of products purchased by you and the Retailer not the Third-Party Provider and not InstaDash is the seller of the products to you. You agree that your purchase is being made from the Retailer you have selected, that Retailer is the Retailer on record, and that title to any products passes to you when they are purchased at the applicable Retailer’s store.

3.5 By agreeing to the Terms, you permit InstaDash to obtain a credit card authorization for your debit or credit card on file with InstaDash to cover the cost of the products you have purchased from the retailer and any separate InstaDash fees and deduct applicable costs from your card for the products purchased by you and any applicable delivery charges (including any applicable Out-of- Zone charges and Heavy Order Charge) service fees, and taxes.

3.6 You also acknowledge and agree that your acceptance of these Terms do not create any form any employment or agency relationship between you and Instadash BV. Further, Instadash BV does not hold title to any products that you order through our Platforms.

4. MODIFICATIONS

4.1 InstaDash reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Platforms at any time, effective upon posting of an updated version of this Agreement through the Platforms. You should regularly review this Agreement, as your continued use of the Platforms after any such changes constitutes your agreement to such changes.

4.2 InstaDash may change the fees it charges for our Platforms, including but not limited to Delivery Fees, Service Fees, and Heavy Order Fees. Your card may be temporarily authorized for an amount greater than the total amount of the purchase appearing in the original check out. This higher authorized amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments. Retailers on our respective Platforms are committed to a pricing policy ensuring that prices as set on the Platforms are the same as the in-store pricing. You can view each Retailer’s pricing policies on their storefront on both the website and in the InstaDash app.

5. OUR ACCOUNT AND PERSONAL INFORMATION

5.1 When you visit Our Platforms, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

5.2 To make future use of our Platforms easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For details about disclosure of personal information please see our privacy policy

5.3 You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

5.4 You agree to notify us of any changes in your information immediately if it occurs. If you do not do so, we may terminate this agreement.

6. THE BUYING PROCEDURE

Sales on the InstaDash Platform are made by Retailers. InstaDash is, therefore not responsible for the fulfilment of your order to buy a Product.

6.1 Payments applicable to products ordered shall be charged in the local currency of Retailer’s store location.

6.2 Products may be offered for sale subject to any discount or promotion arranged between InstaDash and the Retailer.

6.3 If, by mistake, we have under-priced an item, we shall not be under any obligation to facilitate the transaction at the stated price, provided that we notify you before dispatch.

6.4 Subject to discounts and promotions, products are offered for sale at a fixed price.

6.5 All orders shall be subject to a delivery and service fee which will be payable upon checkout.

7. PRODUCT PRICES, APPLICABLE TAXES & FEES, AND CUSTOMER PAYMENTS

7.1 Product prices indicated on the storefront are usually the prices, excluding VAT and any other applicable taxes and levies. Our partner retailers are required to display products on our Platforms using similar prices as their in-store prices. During checkout process, the applicable taxes and levies would be included and indicated as a separate item on the invoice.

7.2 InstaDash charges a service fee of not more than 9.99% (of the order cost) for the concierge service provided to the purchasing customer via the platform, in addition to the Delivery Fees (including any applicable Out-of-Zone charges and Heavy Order Charge) that is payable to the Shopper. The Service Fees is inclusive of the value added tax (VAT).

7.3 The Delivery fee is payable to the personal shopper (for the picking, packing and delivery of the ordered products) and shall be indicated on the invoice during the checkout process on the platform, along with all relevant taxes and levies, before payment is made. The delivery fees may include a “Heavy Order Charge” for orders that include items that weigh above 20kg. The delivery fees would also include an incremental charge if the delivery is requested and permitted during promotional period or for InstaDash Premium members, to be delivered outside of the standard distance, typically less than 10km, from the retailer’s pick-up point.

7.4 Customers are required to make payments for their orders using the provided modes of payments on our platforms, through our payment processors such as Paystack, Flutterwave, ApplePay and PayPal.

7.5 Since we use the amounts paid by the customer to ensure that the items needed by the customer are purchased from the selected retailer and timely delivered when the customer want the items, InstaDash does not provide Cash on Delivery service. Therefore, our shoppers do not collect cash nor carry cash on them on behalf of InstaDash.

7.6 Neither we nor the Shoppers can be responsible for any action by any governmental authority or agency. We do not know and are not responsible for duties, taxes, delays or impounding of any item.

7. PRODUCT PRICES, APPLICABLE TAXES & FEES, AND CUSTOMER PAYMENTS

7.6 Neither we nor the Shoppers can be responsible for any action by any governmental authority or agency. We do not know and are not responsible for duties, taxes, delays or impounding of any item.

8. PROMOTIONAL OFFERS

InstaDash, at its sole discretion, may make promotional offers with different features and different rates to any User. 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:

may only be used by the intended audience, for the intended purpose, and in a lawful manner.
may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by InstaDash.
are subject to the specific terms that InstaDash establishes for such promotional offer.
cannot be redeemed for cash or cash equivalent.
are not valid for use after the date indicated in the offer or in InstaDash’s Terms and Conditions for Promotional Offers and Credits. InstaDash reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that InstaDash determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. InstaDash reserves the right to modify or cancel an offer at any time. InstaDash’s Terms and Conditions for Promotional Offers and Credits apply to all promotional offers. You agree that we may change InstaDash’s Terms and Conditions for Promotional Offers and Credits at any time. InstaDash may also offer gratuitous credits, which can be used on our Platforms. Any credit issued by InstaDash is valid for 6 months from the date of issue except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order. Credits issued through a User’s InstaDash account may only be redeemed through that respective brand’s Services.

9. ERRORS AND OMISSIONS

Occasionally there may be information on our Platforms that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. InstaDash reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on our Platforms is inaccurate at any time without prior notice (including after you have submitted your order and/or your debit or credit card has been charged).

10. INSTADASH ACCEPTANCE & GUARANTEE

10.1 Your order is an offer to buy from the chosen Retailer. The Retailer may decline to fulfil the order with or without reason, including due to non-availability of the product or products that meet the possible expectations of an average customer. hence nothing said or done by the Retailer is an acceptance of an order until the Retailer dispatches the Product. Until the order is fulfilled, the entire order may be cancelled should the retailer decline to supply or fulfil the order.

10.2 To give you the utmost confidence in the InstaDash buying experience, we offer you an after sales guarantee.

10.3 If the Retailer fails to supply a Product to you for which you have paid or supplies a Product which is substantially different from what you ordered, we ourselves will refund the cost to you.

10.4 The guarantee set out in this paragraph is non contractual. We shall operate it at our entire discretion.

11. CONSUMER PROTECTION: CANCELLATION, REFUNDS AND PRODUCTS RETURNED

Products are delivered within 24 hours (“Minimum Period”) of confirmation of your order by InstaDash, or at a future indicated date after the Minimum Period. If a selected item in your order is not available at the store, and your personal shopper is unable to replace the item with another similar product of similar price range, InstaDash would return the amount paid for that item to you. You may cancel your order and expect a full refund within 5 days if we have not arrived at the store to start picking and packing your order items. If you would like to return a product due to the shopper’s negligence, InstaDash will collect and return the item on your behalf. InstaDash, at its sole discretion, would either refund or replace the items for you. Instadash would determine the drop-off point of such a return. You should examine Product on receipt to check for possible defects and to satisfy yourself that it complies with your order, is of merchantable quality and in safe, clean and usable condition. Grocery and food items once delivered are not returnable due to health and hygiene concerns. For non-perishable items such as home equipment, acceptance of returns depends solely on the retainer’s policy or procedure set out on the Retailer’s website or otherwise in their terms and conditions. In such instances where the Retailer specifically allows product returns, you agree to deal directly with the Retailer within 3 calendar days from the purchase. However, you would be responsible for the cost of returning the product directly to the Retailer. The Retailer has no obligation to refund to you, your cost of re-packing and returning a product. Product should be returned in accordance with the procedure set out on the Retailer’s website or otherwise in their terms and conditions.

12. SECURITY OF YOUR DEBIT OR CREDIT CARD

We take care to make our Website safe for you to use. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

13. RULES AND PROHIBITIONS

Without limiting other rules and prohibitions in this Agreement, by using our Platforms, you agree that:

You will only use our Platforms for lawful purposes; you will not use our Platforms for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, InstaDash employees, or our community.
You will only use our Platforms in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
You will only access our Platforms using means explicitly authorized by InstaDash.
You will not 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 our Services.
You will not use our Platforms to cause nuisance, annoyance or inconvenience.
You will not use our Platforms, or any content accessible through our Platforms, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Retailer, User or Contractor, unless InstaDash has given you prior permission to do so in writing.
You will not copy or distribute the Software, or any content displayed through our Platforms, including Retailers’ menu content and reviews, for republication in any format or media.
You will not compile, directly or indirectly, any content displayed through our Platforms except for your personal, non-commercial use.
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.
You will keep secure and confidential your account password or any identification credentials we provide you which allows access to our Services.
You will use the Software and our Platforms only for your own use and will not directly or indirectly resell, license or transfer the Software, our Platforms or content displayed on our Platforms to a third party.
You will not use our Platforms in any way that could damage, disable, overburden or impair any InstaDash server, or the networks connected to any InstaDash server.
You will not attempt to gain unauthorized access to our Platforms and/or to any account, resource, computer system, and/or network connected to any InstaDash server.
You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures InstaDash may use to prevent or restrict access to our Platforms or use of our Platforms or the content therein.
You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites.
You will not scrape or otherwise conduct any systematic retrieval of data or other content from our Platforms.
You will not try to harm other Users, InstaDash, or our Platforms in any way whatsoever.
You will not engage in threatening, harassing, racist, sexist or any other behaviour that InstaDash deems inappropriate when using our Platforms.
You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of our Platforms.
You will not 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.

In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.

14. RESTRICTIONS ON USE OF INSTADASH APPLICATION

You agree that you will not:

use the InstaDash Application for any purpose beyond the scope as is provided in this agreement. These restrictions may relate to limitations on use, territory, duration, or any other choice which defines the InstaDash Application.
reverse engineer, decompile, or disassemble the Software.
sub-license, copy or share the Software or the InstaDash Application.
Copy or Publish the InstaDash Application except as specifically allowed in this agreement.
represent or give the impression that you are the owner or originator of InstaDash App.
remove any identification or reference number or other information which may be embedded on InstaDash Application.
allow any other person to use the InstaDash Application except in the situation or context for which you have subscribed to our service.

15. GIFTS, GRATUITIES & GIFTS-IN-KIND

InstaDash forbids the solicitation and collection of gratuities whether by cash or bank transfer or through any other means by our independent shoppers (and our own employees) that may be involved in providing our services to you. In the event of any violation, such violation should be reported to hotline@instadash.com

Where you wish to recognize and reward a shopper, you may do so by making use of the shopper rating feature on our Platform. In accordance with our rating-based remuneration policy at the material time, InstaDash shall, in-turn, remunerate the shopper based on the rating for that order batch. Customers should, therefore, rank their shopper accordingly and provide us with a feedback on the performance of their personal shopper. Customer is not required to complete this rating in the presence of the Shopper during delivery of the order. Customer is also not required to notify the shopper of the rating.

16. COMMUNICATIONS WITH INSTADASH

16.1 By creating an InstaDash account, you electronically agree to accept and receive communications from InstaDash, Dasher, or third parties providing services to InstaDash including via email, text message, calls, and push notifications to the cellular telephone number you provided to InstaDash.

16.2 You understand and agree that you may receive communications generated by automatic telephone dialling systems and/or which will deliver pre-recorded messages sent by or on behalf of InstaDash, its affiliated companies and/or Shoppers, including but not limited to communications concerning orders placed through your account our Platforms. Message and data rates may apply.

16.3 If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences by accessing Settings in your account. To opt out of receiving promotional text messages from InstaDash, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, delivery text messages between you and Shoppers are transactional text messages, not promotional text messages.

17. E-SIGN DISCLOSURE

By creating an InstaDash account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing InstaDash at customer@instadash.com with “Revoke Electronic Consent” in the subject line.

To view and retain a copy of this disclosure, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, email InstaDash at customer@instadash.com with contact information and your mailing address.

18. INSTADASH PREMIUM

18.1 InstaDash Premium is an annual subscription service that grants you access to reduced service fees and delivery fees on orders placed through our Platforms for eligible retailers (supermarkets, restaurants and convenience stores) with a minimum subtotal as stated when you sign up (excluding taxes and tips) (“Reduced Fees”). Reduced Fees and other InstaDash Premium benefits may be redeemed only at eligible retailers, as indicated through our Platforms. InstaDash reserves the right to change whether a retailer is eligible for InstaDash Premium at any time with or without notice. InstaDash Premium orders are subject to delivery driver and geographic availability, and taxes may apply to the cost of the items you order. Depending on the conditions as stated when you sign up, Service Fees and other fees may apply. We reserve the right to add and modify fees as discussed in this Section.

18.2 InstaDash Premium is offered for a yearly fee payable at the start of the relevant period. By signing up for InstaDash Premium and providing InstaDash with your payment account information, you agree that: (a) you will be charged your first InstaDash Premium subscription fee and any applicable taxes on the date you purchase your InstaDash Premium subscription; (b) you authorize InstaDash and its service providers to store your payment method for the purpose of executing future InstaDash Premium auto-renewal transactions; (c) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR INSTADASH PREMIUM SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (d) AT THE TIME OF RENEWAL, INSTADASH WILL AUTOMATICALLY CHARGE THE THEN-CURRENT INSTADASH PREMIUM FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT WE HAVE ON FILE FOR YOU. If your payment details change, we may use other cards on file in order to help prevent any interruption to your InstaDash Premium subscription. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.

18.3 Corporate InstaDash Premium Subscriptions: Notwithstanding any other provision in these terms, you may be eligible for a complimentary InstaDash Premium subscription when your employer registers for a Corporate InstaDash Premium Subscription. If you have a complimentary InstaDash Premium subscription through your employer, your account will begin and end in accordance with the terms of your employer’s corporate subscription unless your subscription is otherwise cancelled. To receive the subscription benefits, you must register using your corporate email address and be an authorized user added by your employer, and then click the activation button. You are also responsible for complying with all terms and conditions in this agreement in addition to the general InstaDash community guidelines.

18.4 Trial or Promotional Subscriptions: From time to time, InstaDash offers some customers trial or other promotional subscriptions to InstaDash Premium, up to a maximum of 30 days period. Such trial or promotional subscriptions are subject to this Agreement except as otherwise stated in the promotional offer. When your free trial period has expired, your subscription will automatically convert into a paid InstaDash Premium subscription, and InstaDash will bill you the applicable fee. If you cancel InstaDash Premium before the trial period has expired, InstaDash will not charge you for the InstaDash Premium subscription. If you purchase a InstaDash Premium subscription with a promotional code, each time your InstaDash Premium subscription renews, you will be charged the full billing amount. Only one trial or promotional subscription is available per household. If your InstaDash Premium subscription is ever terminated for any reason, you shall not be eligible for a free trial on any subsequent InstaDash Premium subscription.

18.5 Cancellations: You can cancel your InstaDash Premium subscription at any time through our Platforms Instructions on how to cancel are available on our website. You must cancel at least one (1) day before the next-scheduled subscription renewal date to avoid being charged for the next subscription period. If you cancel your InstaDash Premium subscription within thirty (30) days of placing your first InstaDash Premium-eligible order, InstaDash may, in its sole discretion, refund your InstaDash Premium annual fee. If you cancel your InstaDash Premium subscription at any other time, you will not receive a refund, but you can continue to enjoy the Reduced Fees and other InstaDash Premium benefits through the end of your then-current subscription period.

18.6 Updates and Changes: The InstaDash Premium prices and features may change in the future. If InstaDash changes the annual fee charged for a InstaDash Premium subscription, InstaDash will notify you and provide you with the opportunity to change your subscription before InstaDash Premium is renewed for another subscription term. Your continued use of our Platforms after the change becomes effective will constitute your acceptance of the fee change. If you do not wish to continue subscribing with the new fees, you may cancel your InstaDash Premium subscription within the specified notice period. Any InstaDash Premium subscriptions will be subject to the terms and conditions in effect at the time you sign up or your subscription renews. InstaDash may also make such changes with respect to current InstaDash Premium subscriptions. In that case, InstaDash will provide you with notice via email of the changes and when those changes will take effect. If you disagree with the changes to your current InstaDash Premium subscription terms and conditions, you may cancel your InstaDash Premium subscription and receive a refund of your subscription fee on a pro rata basis calculated from the end of the month during which you cancel the subscription.

19. ACCESSING AND DOWNLOADING THE INSTADASH APPLICATION FROM THE APPLE STORE.

The following applies to any Software accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”):

You acknowledge and agree that (i) the Agreement is concluded between you and InstaDash only, and not Apple, and (ii) InstaDash, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App Store Sourced Application to you and to the fullest extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between InstaDash and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of InstaDash.
You and InstaDash acknowledge that, as between InstaDash and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and InstaDash acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between InstaDash and Apple, InstaDash, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and InstaDash acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

20. INTERRUPTION TO OUR SERVICE

We will do all we can to maintain access to Our Platform, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reason. We may do so without telling you first. You acknowledge that our Service may also be interrupted for reasons beyond our control and agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

21. LIQUOR POLICY

InstaDash will not provide the service for the purchase of alcoholic products to users without providing a valid ID showing age that is above 18 years old, and with a name that fully matches the user’s profile name.

22. DATA PROTECTION

InstaDash respects your privacy, takes reasonable steps to protect your personal information as defined in the Nigeria Data Protection Regulation 2019 (“The Regulation’). Our compliance with the legislation is set out in our Privacy Policy.

23. NO WAIVER

InstaDash’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

24. ASSIGNMENT

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. InstaDash may assign its rights, licenses, and obligations under these Terms without limitations.

25. CHANGES TO THE TERMS

We may make changes to these Terms from time to time. When InstaDash does so, InstaDash will post the most current version of the Terms on our Platform and, if a revision to the Terms is material, InstaDash will notify you of the new Terms (for example, by email or a notification on our Platforms). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of our Platforms.

26. COPYRIGHT AND TRADEMARK POLICY

26.1 InstaDash respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the extant intellectual property legislation

26.2 InstaDash will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at InstaDash’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.

26.3 If you believe any content posted or made available on our Platforms constitutes infringement of your copyright rights, you may send a written notice of infringement to InstaDash’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information:

an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright.
a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on our Platforms (e.g., the URL of the claimed infringing material if applicable or other means by which InstaDash may locate the material).
complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address.
a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

26.4 You agree that any submission of any ideas, suggestions, and/or proposals to InstaDash through its suggestion, feedback, or similar pages (“Feedback”) is at your own risk and that InstaDash has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback.

26.5 You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to InstaDash a perpetual, irrevocable, transferable, fully-paid, royalty-free, non-exclusive, worldwide, fully sub-licensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.

26.6 To the extent that you are asked to rate and post reviews of Retailers or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by InstaDash and do not represent the views of InstaDash or its affiliates. InstaDash shall have no liability for Ratings and Reviews or for any claims for 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 our Platforms, you agree that:

you will base any Rating or Review on firsthand experience with the Retailer or business.
you will not provide a Rating or Review for any Retailer or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors.
you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Retailer or business.
any Rating or Review you submit will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and
your Rating or Review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.

27. CONTACT INFORMATION

If you have any questions, or comments about these Terms please contact InstaDash at: contact@instadash.com

For customer service inquiries, please review Your Account Settings, visit InstaDash’s Help Centre.

28. MISCELLANEOUS MATTERS

28.1 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

28.2 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

28.3 Any communication to be served on either of the Parties by the other shall be delivered by hand or recorded delivery or by e-mail. It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery
If sent by e-mail to the address from which the receiving party has last sent e-mail within 24 hours if no notice of non-receipt has been received by the sender.

28.4 This agreement does not give any right to any third party.

28.5 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.

28.6 In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

28.7 The validity, construction and performance of this agreement shall be governed by the laws of Netherlands.

28.8 For contractual purposes, you (1) consent to receive communications from InstaDash in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that InstaDash provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights. Netherlands.

29. LIMITATION OF LIABILITY

In no event shall InstaDash (including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by our Platforms, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with our Platforms, or these terms, however arising including negligence, even if InstaDash or InstaDash’s agents or representatives know or have been advised of the possibility of such damages. InstaDash, its affiliates, retail partners, licensors, suppliers and distributors will not be liable for aggregate liability for all claims relating to our Platforms, any services provided by third party providers, or any products requested by you or delivered to you for more than the greater of NGN40,000 or the amounts paid by you to InstaDash as service fees during the past 12 months in connection with our Platforms.

30. INDEMNIFICATION

You agree to defend, indemnify and hold harmless InstaDash and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation Lawyers’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from:

your unauthorized use of our Platforms or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
any third party’s access or use of our Platforms using your InstaDash user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third-Party Provider.

31. DISPUTES & ARBITRATION

Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of The Netherlands, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be Amsterdam, The Netherlands, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1) and/or Article 6:236n of the Dutch Civil Code. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

32. TERMINATION

You can stop using our Platforms at any time and without notice to us. Similarly, InstaDash may terminate access to our Platforms to you or any other users or stop offering the all or part of our Platforms at any time without notice.

33. ENTIRE AGREEMENT

These Terms, subject to any amendments, modifications, or additional agreements you enter into with InstaDash shall constitute the entire agreement between you and InstaDash with respect to our Platforms and any use of our Platforms. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.