These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the G-Sam app - technology which connects passengers with drivers to help them move around cities more efficiently.
The term "us" or "we" refers to the owner of G-Sam app, G-Sam Logistics, a private limited company, founded in the Republic of Nigeria (Company Registration Number 1446659), whose place of business is at Umuahia, Abia State. https://gsamlogistics.com/
In order to use G-Sam app you must agree to the terms and conditions that are set out below:
1.1 G-Sam provides an information society service and does not provide transport services. Transport services are provided by drivers under a contract (with you) for the carriage of passengers. Drivers provide transport services on an independent basis (either in person or via a company) as economic and professional service providers. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the passengers and drivers. Data regarding the drivers and their transport service is available in the G-Sam app and receipts for journeys are sent to the email address listed in passenger’s profile.
1.2 Depending on the payment options supported for given location of the journey, you can choose whether to pay the driver for the transport service in cash or use G-Sam in-App Payment. During the installation of G-Sam app, passenger’s mobile number is linked to the respective G-Sam user account and added to our database. If you are no longer using your mobile number, you must notify G-Sam so we can anonymize your account data. If you do not notify us about any change to your number, mobile operator may issue the same mobile number to a new person who when using the G-Sam app then may have access to your data.
2.1 Depending on the payment options supported for the given location of the journey, you can pay for the transport services with a card or cash as and when available through G-Sam App. By providing G-Sam in-App Payment service, G-Sam acts as commercial agent for the providers of the transport services. Your obligation to the provider of the transport service will be fulfilled when the payment order is given to transfer funds to G-Sam’s bank account. You, as a passenger are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
2.2 When making payments by G-Sam in-App Payment, G-Sam receives your payments and forwards money to the driver. G-Sam may ask additional data from you to verify payment method.
2.3 When making payments by G-Sam in-App Payment for transport services, G-Sam is not responsible for possible third-party payment costs (e.g mobile operators, bank fees). These service providers may charge you additional fees when processing payments in connection with the G-Sam in-App Payment. G-Sam is not responsible for any such fees and disclaims all liability in this regard. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your payment method
2.4 G-Sam will be responsible for the functioning of G-Sam in-App Payment and provide support in resolving problems. The resolution of disputes related to G-Sam in-App Payment also takes place through us. For payment support service please contact: https://gsamlogistics.com/contact-support Inquiries submitted by e-mail or G-Sam App will receive a response within one business day. G-Sam will resolve G-Sam in-App Payment related complaints and applications within two business days.
3.1 If you order a transport service and the driver has agreed to undertake the work then the transport service is considered to be ordered. Once a driver confirms that he/she will complete your journey, you will enter into a separate agreement with the driver for the provision of the journey on such terms and conditions as you agree with the driver. G-Sam does not provide journeys and is not a party to your agreement with the relevant driver.
3.2 Cancelling the use of an ordered transport service is considered to be the situation where the driver has replied to your request and you subsequently reject, cancel or refuse the transport service. When a transport service request is cancelled after certain time period you are required to pay a cancellation fee.
3.3 If you cancel a transport service request on multiple successive instances within 24-hour we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (e.g 6 months). After that period you could ask to reactivate your account and your application will be reviewed by G-Sam.
3.4 When driver notifies the passenger about the arrival of the vehicle to its destination and passenger or people for whom the transport was ordered do not arrive at the vehicle within certain time period as specified in the G-Sam app, the request will be deemed cancelled. Sometimes driver may decide to cancel your request, please note that G-Sam is not responsible for such situations. Once the driver arrives and sends you a notification that he/she has arrived the G-Sam app may begin charging fare on a waiting time basis according to the rates specified in the G-Sam app.
3.5 If you have requested transport services using the Bolt app and cause damage to the driver’s vehicle or its furnishing (among else, by blemishing or staining the vehicle or causing the vehicle to stink), the driver will have the right to require you to pay a penalty of 5000 naira and require compensation for any damages exceeding the penalty. If you do not pay the penalty and/or compensate the damage, G-Sam may pursue the claims on behalf of the provider of the transport service.
4.1 As long as you comply with these General Terms and Conditions, we agree to grant you a royalty free, revocable, non-exclusive, right to access and use the G-Sam app in accordance with these General Terms and Conditions, the Privacy Notice and the applicable app-store terms. You may not transfer or sub-license this right to use the G-Sam app. In the event that your right to use G-Sam app is cancelled, the corresponding non-exclusive license will also be cancelled.
5.1 As the G-Sam app is an information society service (a means of communication) between passengers and drivers, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of transport services. As the usage of G-Sam app for requesting transport services depends on the behavior of the drivers, G-Sam does not guarantee that you will always have offers available for the provision of the transport services.
5.2 The G-Sam app does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. The G-Sam app is used as the means for organizing the provision of transport services.
5.3 The consumer’s right of refund is not applied to G-Sam app orders. Requesting a refund from the transport service does not withdraw you from the agreement in the course of which the provision of the transport service was ordered. The G-Sam app is provided on an "as is" and “as available” basis. G-Sam does not represent, warrant or guarantee that access to G-Sam app will be uninterrupted or error free. In case of any faults in the software, we will endeavor to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example a public emergency may result in a service interruption.
5.5 G-Sam, its representatives, directors and employees are not liable for any loss or damage that you may incur as a result of using G-Sam app or relying on, the journey contracted for through the G-Sam app, including but not limited to:
5.6 The financial liability of G-Sam in connection with breach of the contract will be limited to 10,000 naira. You will have the right to claim for damages only if G-Sam has deliberately violated the contract. G-Sam will not be liable for the actions or inactions of the driver and will not be liable for damages that the driver causes to the passengers.
5.7 You agree to fully indemnify and hold G-Sam, their affiliate companies, representatives, employees and directors harmless from any claims or losses (including liabilities, damages, costs and expenses of any nature) that they suffer as a result of your use of the G-Sam app (including the journeys you obtain through your use of the G-Sam app).
5.8 G-Sam may immediately end your use of the G-Sam app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of G-Sam or the safety of drivers.
6.1 As G-Sam is not a provider or broker of the transport services, any issues with defects or quality of the transport services will be resolved in accordance with the rules and regulations of the transport service provider or the relevant public authority.
6.2 The G-Sam app does not offer or broker transport services for passengers. It is also not a transport agency service for finding passengers for transport providers. The G-Sam app is used as the means for organizing the provision of transport services.
6.3 We ask to fill out a feedback form in the G-Sam app. This enables us to offer suggestions to the drivers for improving the quality of their service.
6.4 We expect that you use G-Sam app in good faith and be respectful of the drivers who offer their services through G-Sam app. G-Sam retains the right to close your account if you have violated the terms set out in this General Terms and Conditions or if your activities are malicious, i.e. withholding payment for the provision of the transport service, fraud, being disrespectful towards the drivers, etc. In these cases, your G-Sam app account may be revoked without prior notice.
6.5 G-Sam will make every effort to ensure that only drivers, who have integrity and are respectful of their profession and passengers, use the G-Sam app. However, we are in no position to guarantee that every provider of transport services, located by the G-Sam app, satisfies the aforementioned criteria at all times. If you experience objectionable transport service, please notify the company responsible for the service, a supervisory authority or our customer support.
7.1If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or G-Sam app notifications. If you continue using G-Sam app, you will be deemed to accept the amendments.
The General Terms and Conditions will be governed by and construed and enforced in accordance with the laws of Republic of Nigeria. If the respective dispute resulting from General Terms or Agreement could not be settled by the negotiations, then the dispute will be finally solved in Court. If any provision of the General Terms is held to be unenforceable, the parties will substitute for the affected provision an enforceable provision that approximates the intent and economic effect of the affected provision.