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Terms of Service

Last updated: 27 May 2025

Please read these Terms carefully. By using OBAY, you agree to be bound by these Terms of Service. If you do not agree, please do not use the platform.

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the OBAY mobile application and related services operated by OBAY ("we", "us", or "our"). By creating an account or using the Service, you agree to these Terms and our Privacy Policy.

We reserve the right to update these Terms at any time. We will notify you of material changes through the app or via email. Continued use of the Service after changes take effect constitutes your acceptance.

2. Eligibility

To use OBAY, you must:

  • Be at least 18 years of age.
  • Be located in Nigeria or an area where the Service is available.
  • Provide accurate and complete registration information.
  • Have the legal capacity to enter into a binding agreement.

By creating an account, you represent and warrant that you meet all of the above eligibility requirements.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to:

  • Provide accurate, current, and complete information during registration.
  • Keep your account information up to date.
  • Notify us immediately at obayng@gmail.com if you suspect unauthorised use of your account.
  • Not share your account credentials with any third party.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Customer Terms

4.1 Placing Orders:

  • When you place an order, you are entering into a direct transaction with the vendor. OBAY acts as a platform facilitating the transaction, not as the vendor or seller.
  • You agree to provide an accurate delivery address. OBAY and its riders are not responsible for failed deliveries caused by incorrect addresses.
  • Orders are confirmed once payment has been successfully processed.

4.2 Payments:

  • All payments are processed securely via Paystack.
  • A service fee is added to each order. The current service fee percentage is displayed at checkout.
  • Prices listed by vendors are set by the vendors and may change without notice.

4.3 Refunds and Cancellations:

  • During our beta period, OBAY does not process automatic refunds. If you experience an issue with your order (wrong items, non-delivery, etc.), please contact us at obayng@gmail.com and we will review your case within 48 hours.
  • Refunds, where approved, will be issued as wallet credits or via the original payment method at our discretion.
  • Once a vendor has confirmed your order, cancellation may not be possible.

4.4 Wallet Credits:

  • Wallet credits earned through referrals or issued as compensation can be used toward future orders.
  • Wallet credits are non-transferable and have no cash value.
  • We reserve the right to expire or remove wallet credits that were obtained fraudulently.

5. Vendor Terms

5.1 Vendor Obligations:

  • Vendors must accurately represent their products — including descriptions, prices, images, and availability.
  • Vendors are responsible for the quality, safety, and legality of the products they sell.
  • Vendors must comply with all applicable Nigerian laws regarding food safety, product quality, and consumer protection.
  • Vendors must process confirmed orders promptly and notify customers of any delays.
  • Vendors must not list prohibited items including but not limited to: illegal substances, counterfeit goods, weapons, or any items prohibited under Nigerian law.

5.2 Vendor Verification:

  • Vendors are required to complete an onboarding process and submit to verification before going live on the platform.
  • We reserve the right to reject, suspend, or remove any vendor from the platform at our discretion.

5.3 Vendor Earnings:

  • Vendor earnings (order subtotal minus the platform service fee) are released to the vendor's OBAY wallet upon confirmed delivery.
  • Vendors may request withdrawals to their registered bank account subject to minimum and maximum withdrawal limits.
  • OBAY is not responsible for delays by third-party payment processors in processing withdrawal requests.

6. Rider Terms

6.1 Rider Obligations:

  • Riders must complete identity verification (including NIN and BVN) before being approved on the platform.
  • Riders must have a valid means of transportation appropriate for delivery.
  • Riders are responsible for their own safety, the safety of the items being delivered, and compliance with Nigerian traffic laws.
  • Riders must handle all items with care and deliver them to the correct address in good condition.
  • Riders must behave professionally toward customers and vendors at all times.

6.2 Independent Contractor:

Riders using the OBAY platform are independent contractors, not employees of OBAY. OBAY does not provide riders with employment benefits, and riders are responsible for their own tax obligations, insurance, and expenses.

6.3 Rider Earnings:

  • Riders receive a percentage of the delivery fee for each successfully completed delivery. The current rider earnings percentage is displayed within the app.
  • Earnings are released upon confirmed delivery and credited to the rider's OBAY wallet.
  • Riders may withdraw earnings subject to minimum and maximum withdrawal limits.

7. Prohibited Conduct

You agree not to:

  • Use the platform for any unlawful purpose or in violation of any applicable Nigerian law.
  • Create fake accounts, provide false information, or impersonate any person or entity.
  • Manipulate the referral system or wallet credits through fraudulent means.
  • Attempt to circumvent any security or authentication measures of the platform.
  • Use the platform to harass, threaten, or abuse other users, vendors, or riders.
  • Attempt to reverse-engineer, decompile, or otherwise tamper with the OBAY application.
  • Place fake orders or engage in any behaviour designed to defraud vendors, riders, or OBAY.
  • Use any automated tools, bots, or scrapers to access or interact with the platform.

Violation of these prohibitions may result in immediate account suspension or termination without notice.

8. Platform Fees

OBAY charges a service fee on each order. This fee is calculated as a percentage of the order subtotal and is displayed clearly at checkout before you confirm payment. The current service fee percentage can be found within the app.

We reserve the right to change our fee structure at any time. Changes will be communicated through the app with reasonable notice.

9. Intellectual Property

All content on the OBAY platform — including the app design, logos, trademarks, text, and software — is the property of OBAY and is protected under applicable Nigerian and international intellectual property law.

You may not copy, reproduce, modify, or distribute any content from the OBAY platform without our prior written consent.

By submitting content to OBAY (such as product photos, vendor logos, or reviews), you grant OBAY a non-exclusive, royalty-free licence to use, display, and distribute that content on the platform.

10. Disclaimers and Limitation of Liability

OBAY provides a platform connecting customers, vendors, and riders. We are not responsible for:

  • The quality, safety, or legality of products listed by vendors.
  • The actions or conduct of riders during deliveries.
  • Delays caused by factors outside our control, including traffic, weather, or force majeure events.
  • Loss or damage to orders after they have been handed to the customer.

To the maximum extent permitted by Nigerian law, OBAY's total liability to you for any claim arising from your use of the Service shall not exceed the total amount you paid for the specific order giving rise to the claim.

The Service is provided "as is" without warranties of any kind, express or implied.

11. Dispute Resolution

If you have a dispute with another user, vendor, or rider, please contact us at obayng@gmail.com and we will attempt to mediate a fair resolution.

These Terms are governed by the laws of the Federal Republic of Nigeria. Any disputes that cannot be resolved informally shall be subject to the jurisdiction of the courts of Nigeria.

12. Account Termination

You may delete your account at any time through the app settings. Upon account deletion, your personal data will be handled as described in our Privacy Policy.

We reserve the right to suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or behaviour that harms other users or the platform.

Upon termination, any pending earnings (for vendors and riders) will be processed in accordance with our standard payout schedule, subject to verification that no fraudulent activity occurred.

13. Contact Us

If you have questions about these Terms of Service, please contact us:

OBAY

Nigeria

obayng@gmail.com
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