Terms & Conditions


Last Updated: 8th June 2017

Take note:

If you are using the Transthat site and/or service, you are contracting with TripZar T&T Ltd (www.transthat.com ) as well as respective third-parties entities that play a role in the end to end shopping process such as payment gateway partners and logistic company entities.

 

TripZar T&T Ltd., Brand Name “TRANSTHAT” is incorporated in Nigeria (RC1240823)
(hereafter referred to as “
TRANSTHAT”, “we“, “us“, or “our“) provides an web based platform that connects requesters who want to buy or acquire products from abroad and Travellers who are willing to transport the products for the requesters upon deals that are made between them with the presence of their mutual consent (collectively, the “Services”), which Services are accessible at www.transthat.com and any other mobile app or websites through which TRANSTHAT makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”). By using the Site and Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services.

Key Terms

TRANSTHAT Content” means all Contents that TRANSTHAT makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.

Collective Content” means Member Content and TRANSTHAT Content.

Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

Requester” means a Member who post a requests for a product abroad on the Site, Application or Services, or a Member who contacts a traveller and asks him or her to transport products in exchange of a charge or tips as agreed upon between respective requester and traveller. A requester willingly enters into contracts, carries the burden of ordering products, closes deals on his or her own discretion, and exempts TRANSTHAT from any liability and excuses TRANSTHAT for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the Site, Application, and Service.

Traveller” means a Member who creates a Trip of his or her travel plans and consents that upon making a deal with a requester, he or she is willing to carry a product to transport to the respective requester or the designated collection centre in exchange of a charge of any amount on voluntary basis, as agreed in their mutual deal decisions via the Site, Application and Services. A traveller willingly enters into contracts, carries the burden of transporting the products, closes deals on his or her own discretion, and exempts TRANSTHAT from any liability, infringements on customs regulations such as declaration of Taxes and bringing in of prohibited items.. The traveller also excuses TRANSTHAT for any mistakes, violations of trusts, and counterfeit actions happened between the time of deal beginning till its end made via the Site, Application, and Services.

Deal” means an agreement between a Requester and a Traveller regarding a requested product and a respective traveller charge.

Trips” means a sharing of a travel information by a Traveller.

Member” means a person who completes TRANSTHAT’s account registration (signup or login) process, including, but not limited to Traveller and Requester.

Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services. "Note: Only specified contents posted and described by members on the website will be honoured and delivered by Transthat"

Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes. TRANSTHAT requires every Traveller to understand, be aware of, and careful about tax rules of a country he or she is travelling to and from while carrying products, purposefully to transport to requester contacted via TRANSTHAT’s Site, Applications, and Services. The Traveller is expected to charge the customs fees, tax fees, and other tax-related costs from Requester during the time of making a deal via Site, Applications, and Services and pay them as they occur.

1.ACKNOWLEDGEMENT AND ACCEPTANCE OF AGREEMENT 
These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and TRANSTHAT. Please read carefully these Terms and our Privacy Policy, which may be found at www.transthat.com and which is incorporated by reference into these Terms. By using the Site, you agree on the Terms and Conditions set forth in this article as well as consenting to the Privacy Policy.

The Site, application and Services comprise of a mobile and web platform through which Requesters may chose and post products to buy from overseas. A Traveller with the mutual consent on the final price agreed on the deal to buy and bring back the product from overseas. TRANSTHAT is not a transportation agency, retailer or distribution of the above mentioned products and has no control over the conduct of the Requesters and Travellers.

Certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE. YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity. 
2. Modification 
TRANSTHAT reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

TRANSTHAT makes available a peer-to-peer platform with related technology for Requesters and Travellers to connect and arrange for Deal between them. TRANSTHAT is not an owner or seller or retailer or broker or commissioned agent of including, but not limited to, any product and services made and marketed by third party corporations, companies, individual seller or government service provider, nor is it a local or international insurance or shipping service. TRANSTHAT does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, shipping, insurance or transportation or travel services. TRANSTHAT’s responsibilities are limited to: facilitating the availability of the Site.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE BOOKING OF DEALS. TRANSTHAT CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY DEAL. TRANSTHAT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND DEALS. ACCORDINGLY, ANY DEALS WILL BE MADE AT THE MEMBER’S OWN RISK.

3. No Endorsement 
TRANSTHAT does not endorse any Members or any commercial authenticity of any business entity. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site, Application and Services. We will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from TRANSTHAT with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Deal made by you.

4. User Conduct 
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Content. In connection with your use of our Site, Application and Services, you may not and you agree that you will not:

·       avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by TRANSTHAT or any of TRANSTHAT’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

·       abuse the referral system by creating multiple fake accounts to complete multiple transactions;

·       violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

·       use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Content;

·       use the Site, Application or Services for any commercial or other purposes that are not expressly permitted by these Terms;

·       copy, store or otherwise access any information contained on the Site, Application, Services or Content for purposes not expressly permitted by these Terms;

·       infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

·       interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

·       use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

·       use our Site, Application or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;

·       “stalk” or harass any other user of our Site, Application, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an TRANSTHAT Traveller and Requester;

·       contact a Requester for any purpose other than asking a question related to a Deal, such Requester’s request to carry or Trips;

·       contact a Traveller for any purpose other than asking a question related to a deal or such Traveller’s use of the Site, Application and Services;

·       when acting as a visitor or otherwise, recruit or otherwise solicit any Member to join third party services or websites that are competitive to TRANSTHAT, without TRANSTHAT’s prior written approval;

·       impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

·       use automated scripts to collect information or otherwise interact with the Site, Application or Services;

·       use the Site, Application and Services to find a Requester or Traveller and then complete a booking of a Deal transaction independent of the Site, Application or Services in order to circumvent the obligation to pay any Service Fees related to TRANSTHAT’s provision of the Services;

·       as a Traveller, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;

·       or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates any Nigerian law. Such as a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

·       systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

·       use, display, mirror or frame the Site or Application, or any individual element within the Site, Services, or Application, TRANSTHAT’s name, any TRANSTHAT trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without TRANSTHAT’s express written consent;

·       access, tamper with, or use non-public areas of the Site or Application, TRANSTHAT’s computer systems, or the technical delivery systems of TRANSTHAT’s providers;

·       attempt to probe, scan, or test the vulnerability of any TRANSTHAT system or network or breach any security or authentication measures;

·       attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

·       hold TRANSTHAT responsible for any refund for perishable food that are found to be unfit for consumption if these products are not collected within 48 hours of a Traveller delivery.

TRANSTHAT will have the right to investigate, ban and remove any Content and prosecute violations of any of the above to the fullest extent of the law. TRANSTHAT may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that TRANSTHAT has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. TRANSTHAT reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that TRANSTHAT, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

5. Member Content 
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to TRANSTHAT a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site, Application and Services. TRANSTHAT does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to TRANSTHAT the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or TRANSTHAT’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

6. URL and hyperlinks to 3rd party websites 
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that TRANSTHAT is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TRANSTHAT of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

7. Currency Conversion, Refund and Payment 
TRANSTHAT default payment gateway and system will be through PAGA and AbokiFX.com provides the currency exchange rate if the tem to be purchased is represented in another currency.  TRANSTHAT will not be liable for any loss of conversion due to the rate of currency conversion and any fees charge based on the payment partner, such as PayPal, PAGA, Bank Transfer or any other payment method employed.

When a Traveller offers and a Requester accepts by “Deposit”, then the Requester will be prompted to make the deposit to TRANSTHAT. The Traveller is entitled to free 10 cancellations a month and is liable for any refund charges (N500) incurred due to cancellation at this stage onwards, if there is no payment account tied to the traveller, the available credit from the Traveller’s accrued credit will be used for deduction.

The maximum return date by the traveller cannot be more than 90days from the offered date.

If the Traveller has confirmed delivery and if there’s no dispute, TRANSTHAT will transfer the reimbursement automatically within 5 days even if there’s no acknowledgement from the Requester.

After Requester has acknowledge delivery of the item or product, the Traveller and TRANSTHAT is not liable for any dispute, damages, or refund for the item and product to the Requester. Traveller and Requester may still settle any disputes privately to come to a settlement. TRANSTHAT is also not liable to refund any service fee.

TRANSTHAT will assist to the best ability to resolve and mediate any dispute if necessary and has the final say.

9. Warranty, Liability and Disclaimers 
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TRANSTHAT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, TRAVELLER AND REQUESTER, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TRANSTHAT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TRANSTHAT MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TRANSTHAT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES. 
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TRANSTHAT OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAVELER AND REQUESTER.

YOU UNDERSTAND THAT TRANSTHAT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES.

TRANSTHAT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES.

YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, TRAVELLER AND REQUESTER, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY TRANSTHAT.

TRANSTHAT DIRECTORS, OFFICERS, EMPLOYEES, AND AFFILIATES FROM TRANSTHAT, NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, WHETHER INCIDENTAL NATURE, PUNISHMENT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM ANY USE OF THE SITE BY YOU OR FOR ANY OTHER CLAIM THAT ASSOCIATED WITH THE SITE FROM YOUR USAGE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR INCOMPLETENESS IN ANY CONTENT, OR LOSS OR DAMAGE OF ANY KIND ARISING AS RESULT OF USE OF THE CONTENT OR ANY PRODUCT THAT POSTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE THROUGH THE THE SITE, EVEN IF THE POSSIBILITY OF SUCH DAMAGES AND CLAIMS HAVE BEEN ADVISED.

TRANSTHAT WILL COMPLY TO FAIR BUSINESS TO PROTECT THE INFORMATION THAT YOU PROVIDED TO THE SITE, BUT YOU ALSO AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND HEREBY DISCLAIM TRANSTHAT ANY AND ALL LIABILITY TO YOU FOR DAMAGES OR LIABILITY WHATSOEVER ASSOCIATED TO THE INFORMATION IN ANY FORM AND HOW.

TRANSTHAT DOES NOT EXPRESS AND MAKES NO WARRANTY THAT TRANSTHAT WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TRANSTHAT DISCLAIM ANY LIABILITY RELATING THERETO. YOU WILL BE SOLELY RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

GOVERNING LAW: These Terms of Use will be governed by and construed in accordance with the laws of Nigeria, and the courts of Nigeria will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.

10. Customs Laws and Regulations 
All users are to take note of the following Prohibited Items that cannot be brought into Nigeria. 
https://www.customs.gov.ng/ProhibitionList/import.php

The list of prohibited goods includes (but not limited to):

Chewing gum (except oral dental and medicated gum)

Chewing tobacco and imitation tobacco products (e.g. electronic cigarettes, etc)

Cigarette lighters of pistol or revolver shape

Controlled drugs and psychotropic substances

Endangered species of wildlife and their by-products

Firecrackers

Obscene articles, publications, video tapes/discs and software

Reproduction of copyright publications, video tapes, video compact discs, laser discs, records or cassettes

Seditious and treasonable materials

10.1 
In addition to the list of items prohibited by the Nigerian Customs, TRANSTHAT will also remove listings which feature these products: 

·       Alcohol

·       The carrying of parcels not purchased by the traveller

·       "For sale" product listings

·       Certain food products

·       Arms and explosives

·       Bullet-proof clothing

·       Toy guns, pistols and revolvers

·       Weapons, kris, spears and swords

·       Pharmaceuticals

·       Medicines

·       Medical devices and instruments

·       Poisons

·       Counterfeit items

·       Live animals or insects

·       Listings intended to shame other TRANSTHAT users

·       Listings which promote other marketplace platforms

For health products, Travellers are NOT ALLOWED to bring any drug, medicines, or medical devices such as contact lenses, condoms except for personal consumption.

Vitamins and health supplements that are available in Nigeria without any prescription and have the same ingredients are generally accepted to be brought in by Travellers. When doubtful, traveller are reminded to declare on any purchases.