Terms and Conditions | ELA Partner

TERMS OF SERVICE

INTRODUCTION

Welcome to Enviable Logistics’ Ela mobile application and website at https://www.enviablelogistics.com (together, the “Platform”), designed to facilitate the booking, coordination, and management of logistics services, including freight transportation, last-mile delivery, fleet leasing, dispatch support, and related logistics solutions as well as any other content and functionality offered on the Platform (collectively, the “Services”).

These Terms of Service (“Terms”, “Terms of Service”) govern your access to and use of the Platform, including any content, features, tools, or services made available through it. The Platform and its Services are owned and operated by Enviable Logistics Limited (“Enviable”, “we”, “us”, or “our”), a private limited liability company registered in Nigeria.

Please read these Terms carefully before using the Services. Your access to and use of the Platform and its Services (even just browsing it) is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, clients, vendors, logistics partners, or any other person who accesses or uses the Platform or its Services (“you”, “your”, or “User”).

ELLIGIBILITY

You must be at least eighteen (18) years of age, or the legal age of majority in your jurisdiction to access or use the Platform or any of its Services. By accessing or using the Platform, you represent and warrant that you meet the applicable age requirement and that you have the legal capacity to enter into a binding agreement, either on your own behalf or on behalf of any entity you represent.

ACCOUNT CREATION AND MAINTENANCE
1. To access certain features of the Services available on the Platform, such as requesting a delivery, booking a fleet, tracking shipments, or managing logistics operations, you may be required to create and maintain a user account. You agree to provide accurate, current, and complete information during the registration process and to promptly update such information where necessary to ensure its accuracy and completeness at all times.
2. You are solely responsible for safeguarding the confidentiality and security of your account credentials, including your username, password, and any other authentication details used to access the Platform or the Services. You accept full responsibility for all activities carried out through your account, whether or not authorized by you. You agree to notify Enviable immediately of any unauthorized use or suspected breach of your account or any other compromise of the Platform’s security.
3. Enviable reserves the right to suspend, restrict, disable or deactivate your account at its sole discretion, with or without notice, where it reasonably believes that you have breached any provision of these Terms, provided false or misleading information, or engaged in any activity that may compromise the integrity, security, or lawful use of the Platform or its Services.
SERVICES AND TERMS OF USE
1. We provide, via the Platform, a technology-driven logistics environment designed to facilitate end-to-end coordination, booking, management, and tracking of logistics services. The Services include, but are not limited to, freight transportation, last-mile delivery, fleet leasing, dispatch support, and related logistics operations. The Platform enables users to request and manage logistics tasks in real-time and offers digital tools to streamline operational planning and delivery execution.
2. The key features and functionalities offered via the Platform include, but not limited to:

Delivery and Dispatch Booking: Users may book freight, last-mile, or fleet services via the Platform by entering pickup and drop-off details, package specifications, and service preferences.
Real-Time Tracking and Status Updates: The Platform integrates location-based services and dispatch intelligence to allow users to track ongoing shipments, monitor delivery progress, and receive automated status notifications.
Fleet Management Dashboard: Registered users, including enterprise clients and logistics partners, may access a dedicated dashboard to manage orders, monitor transport history, generate reports, and configure service options.
Communication and Support Tools: The Platform includes a messaging system and notification tools that allow users to communicate with Enviable’s support team or coordinate logistics activities directly through the Platform.
Service Feedback and Ratings: To maintain quality and accountability, users may provide service feedback or rate their delivery experience after a completed engagement.
1. We reserve the right to modify, enhance, suspend, or discontinue any features or functionalities of the Platform or its Services at any time, with or without notice, in order to improve performance, ensure regulatory compliance, or preserve the integrity of the Platform.
2. Descriptions, specifications, availability, pricing, and access to features and Services on the Platform are subject to change without notice. We may limit or restrict access to certain users or types of users at our discretion.
3. While we endeavor to provide reliable and uninterrupted access to the Platform and its Services, you acknowledge that availability, access, and performance may be subject to factors beyond our control, such as technological disruptions, network issues, scheduled and unscheduled maintenance or regulatory changes. The Platform and the Services are provided on an "as is" and "as available" basis.
4. By using the Platform, you agree to the following risks and limitations:

The possibility of data entry errors, GPS inaccuracies, or technical disruptions that may affect delivery tracking or operational coordination.
The inherent risks associated with using cloud-based systems, including data loss, cyber threats, or unauthorized access.
The need for users to regularly review and update shipment or fleet data to ensure accuracy and relevance.
The possibility for discrepancies in geolocation accuracy or service availability across different environments or locations.
The responsibility of users to comply with applicable transport laws, customs regulations, and organizational policies when using the Platform.
The risk that estimated delivery times, driver availability, or service performance may vary due to traffic, weather, or third-party constraints.
1. We implement reasonable administrative, technical, and physical safeguards to protect the security and confidentiality of your data. While we prioritize data protection and employ robust security measures, you acknowledge that no system is entirely immune to threats, and by using the Platform, you accept the inherent risks associated with online and internet-based services.
2. We reserve the right to restrict, suspend, or terminate access to the Platform’s Services at our discretion, including instances where misuse, non-compliance with these Terms, or activities that may compromise the integrity of the Platform are detected.
3. While we provide integrated tools such as dispatch automation, real-time alerts, and system optimization features, we do not guarantee specific results, delivery timelines, or performance outcomes.
4. The Platform is designed to support and enhance, but not replace, user diligence. Clients, vendors, and logistics partners are responsible for verifying time-sensitive or critical shipment details before confirming bookings or accepting deliveries.
5. By using the Platform, you accept full responsibility for your use of the Services and acknowledge that Enviable is not liable for delays, losses, cancellations or disruptions arising from the conduct of other users, third-party vendors, or unforeseeable circumstances. The Platform operates as a facilitator and infrastructure provider and does not assume liability for third-party service performance.
RULES OF USE
1. You agree to use the Platform and Services strictly for lawful purposes and in complete compliance with these Terms. Any use of the Platform contrary to its intended purpose or in violation of applicable laws is expressly prohibited.
2. As a user of the Platform, you agree not to engage in any of the following prohibited activities
Using the Platform in a manner that breaches any applicable local, national, or international law, regulation, or ordinance.
Misrepresenting yourself as us, our employees, other users, or any person or entity.
Selling, assigning, or transferring your account or profile without prior authorization from us.
Disrupting or interfering with the functionality of the Platform, including its servers, networks, or systems.
Attempting to gain access to restricted portions of the Platform or systems linked to it without proper authorization.
Using robots, spiders, or other automated methods to interact with the Platform, collect data, or bypass access controls.
Uploading, transmitting, or introducing any software or code, including viruses, worms, or Trojan horses, that could harm the Platform, its users, or connected systems.
Circumventing, disabling, or tampering with security features or safeguards built into the Platform.
Altering, adapting, or hacking the Platform or creating imitations of the Platform to mislead other users or damage its reputation.
1. Any activity that violates these provisions will result in immediate suspension or termination of your account and may lead to legal action, including reporting to relevant authorities for further investigation.
CHARGES AND PAYMENT
1. Access to certain features and Services on the Platform may be subject to fees or usage-based charges. The specific charges applicable to your requested Services, such as pickup or delivery orderings, fleet leasing, or dispatch coordination, will be clearly communicated to you through the Platform prior to confirmation or execution of such request for our Services. Charges may vary depending on service type, distance, weight, duration, urgency, or other operational parameters.
2. Unless otherwise stated, all payments for Services provided through the Platform are due in advance, unless otherwise specified. Payment must be made using one of the payment methods accepted by us, as outlined and displayed on the Platform. We reserve the right to change the available payment methods at any time without prior notice.
3. The Platform may offer various subscription-based or usage-based billing models, including periodic service packages or fleet leasing cycles. By subscribing to or committing to any such plan, you agree to the applicable billing terms, which may be monthly, quarterly, annually, or otherwise specified. All subscription-related fees are non-refundable except as expressly provided under these Terms or applicable service-level agreements.
4. You are responsible for paying any applicable taxes, duties, or other charges levied by government authorities in relation to your use of the Platform and Services, including but not limited to VAT, or any similar taxes. All amounts specified in these Terms are exclusive of any such taxes.
5. Except as otherwise specified in these Terms, we do not offer refunds for any payments made for Services through the Platform. If you believe that an error has occurred in billing or payments, you must notify us within 7 days of the payment date for an investigation and possible resolution.
6. Enviable reserves the right to revise or update the pricing structure and payment terms for any Services offered through the Platform at any time. Such changes will apply to future orders or the next applicable billing cycle following the effective date of the update.
7. If payment is not made when due (where advance payment is not required), we reserve the right to suspend or terminate your access to the Platform or its Services without liability. We may also pursue collection efforts for any unpaid amounts, including, but not limited to, legal action or the use of third-party debt collection agencies.
INTELLECTUAL PROPERTY RIGHTS
1. The Platform, the entire Services offered through it and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by the Enviable, its licensors, or other providers of such material and are protected by Nigerian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws or agreements. This includes, without limitation, the Platform, its cloud-based system, real-time listing and booking tools, dynamic pricing algorithms, automated notification systems, user interface designs, proprietary databases, guest verification mechanisms, Host dashboards, analytics and reporting features, and associated technologies.
2. You may not copy, reproduce, modify, publish, upload, post, display, encode, translate, transmit, distribute, sell, or otherwise exploit any part of the Services or its content without our prior explicit written consent. Unauthorized use of any intellectual property related to the Platform may result in legal action.
THIRD-PARTY WEBSITES AND CONTENT
1. Third-Party Links
2. Our Platform may contain links to third-party websites, services, or resources that are not controlled or operated by us. These links are provided for convenience and informational purposes only. We do not endorse, guarantee, or assume responsibility for any content, products, services, or practices of third-party websites.
3. If you access any third-party website through our Platform, you do so at your own risk. You acknowledge that we are not responsible for the availability, accuracy, legality, or content of such third-party websites.
4. You are encouraged to review the terms, privacy policies, and other practices of any third-party websites you visit before using their services.
5. Third-Party Content
The Platform may also display third-party content, including advertisements, user-generated content, and other materials that are not owned or controlled by us.
We do not assume responsibility for the accuracy, legality, or appropriateness of any third-party content. All third-party content is provided "as is" and is subject to the terms and conditions of the third party responsible for it.
You agree that we are not liable for any loss or damage caused by your reliance on or use of any third-party content.
1. Third-Party Services
Our Services may integrate or allow access to third-party services (e.g., payment processors, geolocation tools, fleet tracking systems, and analytics platforms). These services are subject to their own terms and privacy policies, and your use of such third-party services is governed by those policies.
We are not responsible for the availability or performance of third-party services and do not provide any warranties or guarantees related to these services. You are responsible for ensuring that any third-party services you use comply with applicable legal requirements and your needs.
PRIVACY POLICY
1. We care about data privacy and security. By accessing the Platform and the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Platform is hosted in Nigeria.

1. You acknowledge that the information you provide to us, including shipment details, delivery addresses, transaction records, identification documents, or other sensitive personal or operational data, may be confidential. We will handle such information in accordance with applicable data protection laws and our Privacy Policy.

1. If you access the Platform from the European Union, United States, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Nigeria, then through your continued use of the platform, you are transferring your data to Nigeria, and you expressly consent to have your data transferred to and processed in Nigeria.

DISCLAIMER
1. The Platform and Services are provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Platform and our Services is at your own risk. To the fullest extent permitted by Nigerian law, Enviable disclaims all warranties, whether express, implied, statutory, or otherwise, related to the Platform and your use of it. This includes, but is not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, reliability, availability, performance, or non-infringement.

1. While we make reasonable efforts to maintain the quality and functionality of the Platform, we do not guarantee that the Platform will always be accurate, uninterrupted, secure, or error-free. Accordingly, Enviable shall not be liable for:

Any errors, inaccuracies, or omissions in the content, information or materials provided on the Platform.
Any personal injury, property damage, or loss resulting from your access to or use of the Platform.
Any unauthorized access to, or use of, our servers and any personal, financial, or logistics-related data stored therein.
Interruptions, delays, suspensions, or failure of transmission to or from the Platform due to network failure, system outage, or other technical issues.
Bugs, viruses, Trojan horses, or other harmful code that may be transmitted through the Platform by third parties.
Any errors or omissions in content or materials, or any loss or damage incurred as a result of using any content posted or transmitted through the Platform.
1. Enviable does not endorse, guarantee, or assume responsibility for any third-party services, tools, content, or advertisements made available through the Platform or linked to it. We are not a party to, nor do we monitor, any transaction or engagement between you and any third-party service provider. You are advised to exercise due diligence and sound judgment when interacting with third-party content or services.
LIMITATIONS OF LIABILITY

Under no circumstances shall we, or our affiliates, directors, officers, employees, contractors, service providers or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages as a result of your access to or use of or inability to access or use the Platform or the Services. This includes, but is not limited to, lost profits, lost revenue, loss of data, or other damage arising from your use of or reliance on the Platform, even if we have been advised of the possibility of such damage.

INDEMNIFICATION

You agree to defend, indemnify, and hold Enviable harmless, including our successors-in-title, subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use of the Platform or breach of these Terms.

GOVERNING LAW AND JURISDICTION

These Terms of Service and your use of the Platform and the Services are governed by and construed in accordance with the laws of Nigeria. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the courts of Nigeria.

CHANGES TO THESE TERMS
1. We reserve the right to change, modify, or alter these Terms at our discretion and without prior notice. Your continued use of the Platform and the Services following the posting of revised Terms means that you accept and agree to the changes.

1. Additionally, we may modify or discontinue all or part of the Platform or Services at any time without notice. We will not be liable to you or any third party for any changes, charges adjustments, suspension, or discontinuation of the Platform.

1. We cannot guarantee that the Platform will be available at all times. The Platform may experience interruptions, delays, or errors due to hardware, software, or other issues, including necessary maintenance.

1. Nothing in these Terms obligates us to maintain, support, or provide corrections, updates, or releases for the Platform.

SEVERABILITY

If any provision or part of a provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision or part of a provision will be deemed severable from these Terms of Service. The remaining provisions will continue to be valid and enforceable, and the validity and enforceability of the remaining provisions will not be affected.

TERMINATION

We may terminate or suspend your account and bar access to the Platform and the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Platform and the Services will immediately cease.

DISPUTE RESOLUTION

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to amicably negotiate and/or resolve any Dispute informally for at least 30 days before initiating Arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

If the Parties are unable to resolve a Dispute through informal negotiations within the aforementioned timeframe, then on the application of any of the Parties (notice of such application being given to the other Party), the dispute shall be referred to a single arbitrator appointed by the Chairman of the Nigerian branch of the Chartered Institute of Arbitrators (CIArb) to be resolved by Arbitration.

The arbitration proceedings shall be conducted in accordance with the Arbitration and Mediation Act 2023. The venue and seat of the arbitration shall be Lagos, Nigeria.

ENTIRE AGREEMENT

These Terms, our Privacy Policy, and any other legal notices published by us on the Platform, constitute the entire agreement between you and the Company regarding the Services.

CONTACT US

For any questions about these Terms or to receive further information regarding use of the Platform, please contact us at:

Address: (Insert Address)

Phone Number: [Insert]

Email Address: [Insert]