Terms of Service

The rules and conditions for using our services.

Prime Dely Delivery App
Effective Date: 5th May, 2026

These Terms and Conditions govern the use of the Prime Dely Delivery App, website, and related services. By registering an account or using Prime Dely services, customers agree to be legally bound by these terms.

1. Eligibility

  • Users must be at least 18 years old.
  • Users must provide accurate and complete information.
  • Users must have the legal capacity to enter into binding contracts.
  • Corporate accounts must be created by authorized representatives.

2. Account Registration

Customers agree to:

  • Maintain accurate account information.
  • Keep login credentials confidential.
  • Notify Prime Dely of unauthorized account access.
  • Accept responsibility for activities conducted through their accounts.

Prime Dely may verify customer identities through lawful means.

3. Nature of Services

  • Prime Dely operates as a technology platform connecting customers, merchants, and independent delivery partners.
  • Prime Dely is not the manufacturer or seller of products offered by merchants.
  • Delivery partners are independent contractors and not employees of Prime Dely.

4. Orders and Acceptance

  • Orders are subject to acceptance by merchants and/or delivery partners.
  • Prime Dely may reject or cancel orders.
  • Delivery times are estimates and are not guaranteed.
  • Delays may occur due to circumstances beyond Prime Dely's control.

5. Pricing and Payments

Customers agree to pay:

  • Product prices.
  • Delivery fees.
  • Service charges.
  • Applicable taxes and levies.
  • Surge pricing, where applicable.

All payments are final except where refunds are expressly authorized.

6. Refunds and Cancellations

Refunds may be granted if:

  • An order is not delivered.
  • Duplicate payments occur.
  • Orders are canceled by Prime Dely or merchants.
  • Verified material service failures occur.

Prime Dely may deny refund requests involving fraud or abuse.

7. Customer Obligations

Customers must:

  • Provide accurate delivery information.
  • Be available to receive deliveries.
  • Use the platform lawfully.
  • Avoid abusive, fraudulent, or threatening conduct.

8. Prohibited Items

The following items may not be transported:

  • Illegal drugs.
  • Firearms and ammunition.
  • Explosives.
  • Hazardous chemicals.
  • Human remains.
  • Counterfeit goods.
  • Stolen property.
  • Any items prohibited by Nigerian law.

9. Delivery and Risk

  • Customers should inspect deliveries upon receipt.
  • Delivery obligations are fulfilled once items are delivered to the designated recipient or address.
  • Proof of delivery may include electronic signatures, photographs, GPS records, OTP verification, or digital records.

10. Limitation of Liability

Prime Dely shall not be liable for:

  • Indirect or consequential losses.
  • Loss of profits or goodwill.
  • Business interruption.
  • Emotional distress.
  • Delays beyond its reasonable control.

Prime Dely's liability is limited to the amount paid for the specific order, except where prohibited by law.

11. Intellectual Property

All trademarks, logos, software, and content remain the exclusive property of Prime Dely. Users may not reproduce or exploit them without written permission.

12. Merchant Disclaimer

Merchants are solely responsible for:

  • Product quality and safety.
  • Product descriptions and pricing.
  • Compliance with applicable laws.

Claims relating to products must be directed to the relevant merchant.

13. Delivery Failure

If delivery cannot be completed due to customer-related reasons, Prime Dely may:

  • Contact the customer.
  • Reschedule delivery with additional charges.
  • Return goods to the merchant.
  • Treat the delivery as completed if attempted in good faith.

14. Indemnity

Customers agree to indemnify Prime Dely against claims arising from:

  • Breach of these Terms.
  • Misuse of the Platform.
  • Violations of law.
  • Infringement of third-party rights.
  • Submission of false information.

15. Chargebacks and Payment Disputes

Customers should contact Prime Dely before initiating chargebacks. Prime Dely reserves the right to contest fraudulent chargebacks and recover associated losses.

16. Complaints Procedure

Customers may submit complaints through official support channels and should provide:

  • Order reference numbers.
  • Transaction dates and times.
  • Complaint descriptions.
  • Supporting evidence.

17. Privacy and Data Protection

Prime Dely processes personal data in accordance with:

  • The Nigeria Data Protection Act (NDPA) 2023.
  • Applicable data protection regulations.
  • Prime Dely's Privacy Policy.

18. Fraud Prevention

Prime Dely may:

  • Verify transactions.
  • Request additional identification.
  • Freeze suspicious accounts.
  • Report suspected fraud to authorities.

19. Force Majeure

Prime Dely is not liable for delays caused by events such as natural disasters, pandemics, government actions, internet outages, power failures, labor disputes, or acts of terrorism.

20. Suspension and Termination

Prime Dely may suspend or terminate accounts if:

  • False information is provided.
  • Fraud is suspected.
  • These Terms are violated.
  • Unlawful conduct occurs.
  • Platform security is threatened.

21. Consumer Rights

Nothing in these Terms limits statutory rights available under Nigerian law, including rights under consumer protection and data protection legislation.

22. Dispute Resolution

Disputes shall first be resolved through negotiation. If unresolved:

  1. The parties shall attempt mediation.
  2. Disputes shall proceed to arbitration under the Arbitration and Mediation Act 2023 of Nigeria.
  3. The seat of arbitration shall be Enugu, Nigeria.
  4. Proceedings shall be conducted in English.

23. Governing Law

These Terms are governed by the laws of the Federal Republic of Nigeria.

24. Amendments

Prime Dely may amend these Terms at any time. Continued use of the Platform after publication of revised terms constitutes acceptance of those changes.

Customer Declaration

By clicking "I Agree", registering an account, or using Prime Dely services, you confirm that you have read, understood, and agreed to be bound by these Terms and Conditions.