TANGKAMA dba TANGKAMA COMPANY LIMITED

TERMS AND CONDITIONS

Last updated: 4 May 2018

 

The following Terms and Conditions (“Terms”) inform, guide and govern the access and/or use by an individual (as sole actor or for and on behalf another/others – including a corporate body), from within Ghana or across the world, of applications, websites, content, products, and services – including specifically Courier/Concierge Services and Logistics Services (collectively referred to hereafter as “Services”) owned, managed and made available by Tangkama dba Tangkama Company Limited (“Tangkama”), a private limited liability company with its registered offices at ANT/B/006 Chantan; New Achimota, Accra Ghana and duly registered under the Registration of Business Names Act 1962 (Act 151) in the Republic of Ghana.

 

KINDLY READ THESE TERMS CAREFULLY BEFORE ACCESSING AND/OR USING THE SERVICES.

 

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Tangkama. If you do not agree to these Terms, you may not access or use the Services. Tangkama reserves the right to  immediately alter and/or terminate these Terms or any Services with respect to you, or generally cease offering or deny you access to the Services or any portion thereof, at any time for any reason without prior notice to you.

 

Tangkama shall amend the Terms related to the Services from time to time with or without schedule. Amendments will be effective upon the posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Tangkama Services after such posting constitutes your consent to be bound by the Terms, as amended.

 

Our collection and use of personal information (as supplied by and/or consented to be collected users) in connection with the Services is as provided in the Tangkama Privacy Policy located on its website (www.tangkama.com/Legal). Tangkama shall provide to a rightful legal schedule authority any necessary information (including your contact information) if there is a filed complaint, dispute or conflict, which may include an claim of theft/misappropriation, involving you and a Third Party Provider (including a transportation network commercial retail channels) and such information or data is necessary to resolve the complaint, dispute or conflict.

 

Data Security: Our Services are designed to allow you initiate, engage, and execute courier/concierge services cum logistics services, and view information pertaining to such initiated task/activity all from the comfort of a hand-held internet enabled device. We achieve this in part using GPS and other sensors on devices running our applications. Some information is automatically collected from or about your Users and field workers when you use our Services and may include, for example, geographic coordinates, phone numbers, names, and addresses. You agree to comply with all applicable privacy and data protection regulations. Further, you agree to not use our service to send us sensitive information where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to us, any data subjects or relying parties. Sensitive Information including but not limited to: Passwords, authentication/authorization credentials. Information under strict regulatory or contractual handling requirements including but not limited to: Mobile Phone numbers and such related mobile money transaction information, Credit Card Information including credit card numbers, CIV numbers (three digit codes for Visa and MasterCard) and magnetic stripe information, Driver’s License Numbers, Government Issued Identification Numbers, Financial Account Information, Biometric data. Personally identifiable information knowingly collected from children under the age of 12 or from online services directed toward children and, Real time geolocation data which can identify an individual. Business secrets deemed highly confidential (e.g., highly-confidential business strategies and communications, sensitive attorney-client privileged and confidential communications).

 

We collect, store, and use your User data on our servers to provide you with the ability to better maintain and improve our Services. We may also use data in an aggregated form for our own purposes. Our Services transfer data to servers that store User data in the U.S. and outside the U.S. We only share User information with others under special circumstances as follows: With third parties who work on our behalf to provide your services; to comply with laws or to respond to lawful requests and legal process (provided that we will endeavour to notify you if we have received a lawful request for your information); To protect the rights and property of our agents, customers, and others including to enforce our agreements, policies, and terms of use; In an emergency, including to protect the personal safety of any person; and

For the purposes of a business deal (or negotiation of a business deal) involving sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture, or bankruptcy transaction or proceeding).

 

The Services: The Services constitute a technology platform that enables users of the mobile applications of Tangkama or its websites provided as part of the Services to initiate, arrange, request and schedule Courier, Concierge and/or logistics services with independent third party providers of such services, including independent third party Courier Service providers and independent third party freelance Dispatch Service providers under sponsorship/agreement with Tangkama. Unless otherwise agreed by Tangkama in a separate written agreement with you, the Services are made available exclusively for Courier Services and exempted/prohibited from transportation of pylon riders. YOU ACKNOWLEDGE THAT TANGKAMA DOES NOT DIRECTLY PROVIDE COURIER/CONCIERGE OR LOGISTICS SERVICES OR FUNCTIONS AS A STANDALONE COURIER SERVICE COMPANY AND THAT ALL SUCH COURIER OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY TANGKAMA OR ANY OF ITS AFFILIATES.

 

License To Use Our Services: Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable license to use our Services for your internal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services. Certain of our Services are provided at no cost and certain Services are subject to various fees. The pricing for the Services can be found at our Site, is based on usage and are non-refundable. The fees for the pricing tiers, as well as telephony charges incurred, will be billed to your credit card and you authorize the card issuer to pay any amounts set forth herein and authorize us (or our billing agent) to charge your credit card account until you or we cancel or terminate your pricing tier; provided that if payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You will be responsible for payment of any applicable sales, use and other taxes and all applicable export and import fees, customs duties and similar charges (other than taxes based on our income), and any related penalties and interest for the grant of access rights hereunder, or the delivery of related services. You will make all required payments to us, free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments to us will be your sole responsibility, and you will, upon our request, provide us with official receipts issued by appropriate taxing authorities, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

 

Restrictions: Other Rights and Limitations: You shall not, and may not permit or aid others to, translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the software underlying the Services or extract or attempt to extract source code from the object code of the Software. You may not make any commercial use of the Services or the Software, whether or not for consideration, other than for your own internal business purposes. Except as may be expressly permitted by us, you may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audio-visual works, or other content made available on our Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Service Content for any purpose except for your own internal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.

 

LIMITATION OF LIABILITY: Tangkama shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Tangkama has been advised of the possibility of such damages. Tangkama shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party provider, even if Tangkama has been advised of the possibility of such damages. Tangkama shall not be liable for delay or failure in performance resulting from causes beyond Tangkama’s reasonable control. In no event shall Tangkama’s total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred Ghana Cedis Only (GHc500).

 

The Services may be used by you to request and schedule courier/concierge services or logistics services with third party providers, but you agree that Tangkama has no responsibility or liability to you related to any transportation, goods or logistics services provided to you by third party providers other than as expressly set forth in these terms.

 

Indemnity: You agree to indemnify and hold Tangkama and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Tangkama’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

 

Lost Property: You understand and agree that it is your responsibility to ensure that you reclaim your property from the Third Party Provider when disengaging. Should you leave your property in the custody of a Third Party Provider unclaimed within the stipulated time provided via the service request, the Third Party Provider may hand over your property to you, Tangkama or to the local law enforcement authorities (Police Service). Unclaimed parcels/packages would be treated strictly as a lost and found situation. This clause is automatically activated 48 hours after a parcel/package remains unclaimed.

 

Access and Usage: The service can be used by three category of persons namely; Customer (otherwise known as the End User), The Service Provider (Otherwise known as the agent)  and the Manager (otherwise known as the supervisor). For Customer (End User), accessing and using the Service starts with 1) Download & Install Customer Appvia either  a) Android or b) iOS, 2) Register by providing the following details :a)Name,  constituting of  i)First and Last Name, then b)      Verified Telephone (Mobile) Number or Email address. Alternatively, one can sign up using c)Facebook Username and d)Password. To login, a)        Input Username which could be either i)Email, ii)Telephone (Mobile) Number, iii)Facebook Username, thereafter, b)Input Password for login option selected. Proceed to 4) Initiate Pick-Up/Delivery Request as follows: a)Indicate Pick-Up/Delivery location i) Manually key in address or Pin on map ii) Confirm if multiple pick-up/drop-off task b) Describe Item to be picked-up/Dropped-off; i) Indicate if special tasks will be performed beyond pick-up and/or drop-off ii) Declare content of package c) Indicate timelines; i) Indicate if immediate ii) Schedule pick-up/delivery time d) Select payment mode; i)Mobile Money; (1) One single gateway. (e.g. Hubtel) ii) Card Payment (Visa or MasterCard) iii) Cash on Delivery e) Tick to accept terms and conditions of service usage; i) State disclosure notice on special packages (Value NOT more than GHc 100.00) ii) Indemnities iii)        Offensive/Harmful contents  f) Monitor process; i) Real-time progress monitoring via google maps g) Confirm transaction completion; i) Sign on delivery ii) Send confirmation sms on delivery iii) Tick via app to show task completion iv) Receipts issued h) Rate service experience and Service Provider; i) Star rating for service experience ii) Star rating for service provider. Or Simple initiate a task the following triggers: i) Call hotlines; i) Warm call hotlines for offline transaction ii)       Indicate task (expression) iii) Confirm details supplied j)Indicate Pick-Up/Drop-off location k)        Describe Item to be picked-up/Dropped-off) L) Indicate timelines m)          Select payment mode n) Accept terms and conditions of service usage o) Confirm transaction completion p)     Rate service experience and Service Provider

 

For Service Providers (Agent), set up details in not entirely different from Customer set up. It starts with;  1)     Download and Install Agent App  a) Android b) iOS  2) Register; a)            Name thus i) First, Last and Other names b) DoB  i) Day ii) Month iii) Year c) Address  i)  Permanent Address  ii) Postal Address iii)           Digital Address d) Company Name i) If applicable  e) I.D. i) I.D. Type (Driver’s License)  ii) I.D. Number  iii) Expiry Date  f) Upload Documentation (Proof)  i) Of Name  ii) DoB  iii) Residence  iv) Competence (Drivers)  g) Guarantor Details  i) Full Name  ii) Address  iii) Profession  3) Login  a) Input Username i) Email  ii) Telephone (Mobile) Number  iii) Facebook Username b) Input Password 4) Activate Pick-up/Drop-off  a) Confirm availability  i) Set status to available  ii) Keep phone on and active  iii) Keep location activated  b)            Accept order  i) Review Order  ii) Determine if desirable and fits criteria/expectation/parameters  c) Move to pick-up location  i) Confirm arrival at pick-up location  ii) Inspect parcel to determine if it meets description of customer  d) Pick Up Parcel  i) Confirm pick up  ii)      Secure parcel  iii) Keep status and location active to allow for tracking e) Move to Drop off location  i) Confirm arrival at drop-off location  (1) Phone call  (2) SMS ii) Confirm identity of recipient  (1) I.D. Card (2) Order Number (3)     Phone Number iii) Handover parcel to recipient iv) Collect prove of delivery from recipient   f) Confirm delivery  i) Confirm delivery  ii) Rate service execution  iii) Provide comments (where applicable) iv) Terminate

 

For Managers (Service Provider) on the Tangkama service offering need to be set up to use the service. It starts with: 1) Registration  a) An account is created for manager  i) Supper User (Administrator) reviews all documents submitted by aspiring agent.  ii) Supper User (Administrator) creates account  b) Login details generated  i) Based on details supplied by said manager  ii) All information provided by said manager already validated  c)         Login details sent to said manager  i) Email or sms login details to agent. After that, proceed to: 2) Login  a) Input Username  i) Email  ii)            Telephone (Mobile) Number iii) Facebook Username. b) Input Password  3) Monitoring & Evaluation  a) Validate created tasks  i) Check for validity of pick-up and drop-off locations  ii) Check for screening of description of parcel if it meets criteria  b) Validate assigned tasks  i) Confirm overall task validity  ii) Confirm task assignment validity  c) Validate status of Service Providers (Agents)  i) Confirm matching of task to assigned agent  d) Monitor Pick-up and Drop-off activities  i) Ensure SP keeps to routes and delivery timelines  e) Monitor communication between Customer and SP  i) Look out for red flags and intervene where required. ii) Rate service delivery

 

Tangkama Blacklist Offenses: The Tangkama Blacklist triggers/offense consists of: CUSTOMER/END USER category of users: 1.            Robotic behaviour  meaning; a. Deliberately creating tasks and cancelling on purpose just for spite. b. Creating an unduly unreasonable sequence of tasks over a relatively small-time periods/window. 2. Non-payment for services rendered.  a. Refusal to pay for services without an opportunity to negotiate or compensate.   b. Short changing by paying less than stipulated costs without satisfactory engagement. 3. General abuse of platform  a.         Fake tasks  b. Deliberate mismatch of pick-up and drop-off locations. SERVICE PROVIDER/AGENT 1. Picking of pylon riders  a. It is abominable for Service Providers to carry pylon riders. 2. Being Offline  a. Being offline for more than six (6) hours in a day  b. Being offline for three (3) days in roll with or without notice c. Being offline for five (5) non-consecutive days in a month. 3.       Failed Delivery   a. Three (3) counts of failed delivery with or without a satisfactory reason  b. Every pending delivery beyond six (6) hours after tasked assigned and confirmed would be treated as a Failed Delivery*.  c.         For every delivery made after six (6) hours that was not pre-scheduled, such delivery would be for free*.   d. Where a free delivery is offered to a customer as compensation, such cost would be passed on to the SP concerned*.  4. Cancelation   a. Five (5) cancelations in a day with or without satisfactory reason*. b.  Ten (10) cancelations in a month with or without satisfactory reason*. c. Any task that is assigned and accepted but not delivered after 24 hours is considered a cancelled task*. 5. Damaged Package  a. Two (2) incidents/accidents of damaged (including partly damaged) parcels in transit with or without a satisfactory explanation*.  b. Cost of damaged packages would be passed on to SP  6. Crime  a. Any SP involved in crime or criminal conduct would automatically be blacklisted.  b. Any SP who acquires a criminal record of any sort would be blacklisted immediately.  7. Poor Customer Service  a. Abuse of customers when reported and investigated, guilty parties (SPs) would be given verbal warning on first count.  b. Continuous occurrences counting to five (5), especially from repeat offenders would attract indefinite suspension. 8.        General Indiscipline  a. Road rage offenses once reported, investigated and findings concluded would attract for such SP a warning and subsequently indefinite suspension.  b.  Traffic offenses once unresolved at scene and escalates would attract warning. Repeat offenders would get suspended indefinitely.

 

Billing Structure/Components: Billing for the  Service is structured as follows: a) Billing is calculated at a fixed unit rate* per kilometre travelled (refer to rate card).  b) The nature and value of the package being couriered  c) Each service request may attract an additional service charge if it requires for additional services to be performed beyond drop-off and/or pickup.

  1. i) In this case, the additional bill is calculated at a fixed unit rate* per minute (Refer to rate card). ii) The complexity of the task* iii) The terrain and other associated risks involved in the execution of the task and other associated additional service(s).  d) Where drops and/or pickups are pre-scheduled and routine, a discounted rate* would be applied.   e) The omissions, modifications and alterations made in transit (to drop-off or pickup parcel) by the service requester MAY attract an additional charge.

 

Payment: The following payment terms and arrangements are applicable based on the clientele profile and engagement history.

 

Payment Frequencies: Payment for services rendered can be made based on the following indicative schedule: a) Payment Frequency options  b) Pay as you go (Including Cash) c) Advanced payment and pre-payments

 

Payment Methods: The following methods of payment may apply on services rendered.  i)Cash on Delivery  ii) Recommended for one off transactions  iii) Open to transactions less than GHc 100.00  iv) Payment via e-money channels   v) Visa  vi) MasterCard   vii) Mobile Money  viii) Hubtel

 

DISCLAIMER: the services are provided “as is” and “as available.” Tangkama disclaims all representations and warranties, expressed, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Tangkama makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Tangkama does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

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