For Generators
For Collectors
These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Pakam app - technology which connects Waste generators with Waste collector to help them dispose of their waste more efficiently, smartly and on-demand.
The term “us” or “we” refers to Pakam Operations. Pakam is a private limited company incorporated and registered under the laws of federal republic of Nigeria with registration No. 1796077, registered office 127 Ogunlana Drive, Surulere Lagos, Nigeria, or other Pakam group company or cooperation partner where Pakam Services are not provided by Pakam Operations. In order to use Pakam app you must agree to the terms and conditions that are set out below:
1.1 Pakam provides an information society service through Pakam app that enables mediation of the requests for collection services between the waste generators and waste collector and Pakam does not provide collection services. Collection services are provided by Collector/Aggregator/Waste pickers company under a contract (with you) for the collection of generators waste. Collectors provide transport/logistic services on an independent basis (either in person or via a company) as economic and professional service providers. Pakam is not responsible in any way for the fulfilment of the contract entered into between the Generator (you) and the collector. Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the generator and collector. Data regarding the collector and their Collection service is available in the Pakam app and history for collection, receipts for collection and payment for collection are available on generators schedule history and wallet.
1.2 . The generators (you) enters into a contract with the collector for the provision of transport/logistic services via the Pakam app. Payment transactions will happen within Pakam in-App Payment wallet. Payments for Pakam Business (aggregators) are handled by a separate agreement for Business (Aggregator) transaction. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, and/or surcharges including processing fees.
1.3 During the installation of Pakam app, generator’s mobile number is linked to the respective Pakam user account and added to our database. If you are no longer using your mobile number, you must notify Pakam within 7 days so we can anonymize your account data. If you do not notify us about any change to your number, your mobile operator may issue the same mobile number to a new person who when using the Pakam app then may have access to your data.
2.1 Payment to and for the waste collection services is available through Pakam App wallet which shall be transfer into users Sterling Bank account without charges or other banks with charges. Pakam will provide ease online account opening on its app and user can then visit nearby Wastebanc to conclude account opening. By providing Pakam in-App Payment service, Pakam acts as commercial agent for the providers of the generator & collection services. Every collector has authorised Pakam app as their commercial agent for the mediation of conclusion of contracts between the collector and the generator, including the power to accept payments from the collections service and to forward the payments to the generator and vice versa. Obligation of the collection service will be fulfilled when the payment order is given to transfer funds to Pakam’ bank account. You, as a collector are responsible for ensuring that the payment takes place and ensuring that sufficient funds are available.
2.2 When making payments by Pakam in-App Payment wallet, Pakam receives your payments and forwards money to the generator/collectors. Pakam may ask additional data from you to verify payment method.
2.3 When making payments by Pakam in-App Payment for collection services, Pakam is not responsible for possible third-party payment costs (e.g mobile operators, internet fees). These service providers may charge you additional fees when processing payments in connection with the Pakam in-App Payment. Pakam 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 Pakam will be responsible for the functioning of Pakam in-App Payment and provide support in resolving problems. The resolution of disputes related to Pakam in-App Payment also takes place through us. For payment support service please contact: [email protected]. Inquiries submitted by e-mail or Pakam App will receive a response within one business day. Pakam will resolve Pakam in-App Payment related complaints and applications within two business days.
3.1 If you schedule for a collection service and the collector accept to undertake the schedule pickup, then the collection service is considered to have been ordered.
3.2 Cancelling the use of a scheduled collection service is the situation where the collector has replied to your request and you subsequently reject, cancel, or refuse the collection service. When a collection service request is cancelled in the above scenario the generator may pay for such cancellation in future collection.
3.3 If you cancel a collection service request on multiple occasions, we may temporarily block your account for warning. After multiple such warnings, we may suspend your account for longer period (e.g 12 months). After that period you could ask to reactivate your account and your application will be reviewed by Pakam.
3.4 When collector notifies the generator about the arrival to its pickup location and generator for whom the collection was ordered do not submit is or her waste within a certain period as specified in the Pakam app, the request will be deemed cancelled by the collector. Sometimes collector may decide to cancel your schedule request, please note that Pakam is not responsible for such situations.
3.5 Once the collector arrives and sends you a notification that he/she has arrived It is expected that the generator will bring out his or her sorted waste for the collector. In a situation the generator is not around, the waste should be handed over to someone within the household. It should be noteworthy that collectors are not to be allowed to enter generators household and allowing collector into the household is not Pakam transaction and such shall be bored by the household should any complaint arise. Collectors are not to sort household waste for them. It is expected that household has sorted their waste before scheduling for pickup or drop off. If waste is not sorted, the generator shall pay the collector a mutually agreed cash for performing such task on-behave of the generator. Otherwise, collector shall collect the waste and shall not be registered for the generator in the case of earn as you waste.
3.5 Once the collector arrives and sends you a notification that he/she has arrived It is expected that the generator will bring out his or her sorted waste for the collector. In a situation the generator is not around, the waste should be handed over to someone within the household. It should be noteworthy that collectors are not to be allowed to enter generators household and allowing collector into the household is not Pakam transaction and such shall be bored by the household should any complaint arise. Collectors are not to sort household waste for them. It is expected that household has sorted their waste before scheduling for pickup or drop off. If waste is not sorted, the generator shall pay the collector a mutually agreed cash for performing such task on-behave of the generator. Otherwise, collector shall collect the waste and shall not be registered for the generator in the case of earn as you waste.
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 Pakam 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 Pakam app. In the event that your right to use Pakam app is cancelled, the corresponding non-exclusive license will also be cancelled.
5.1 As the Pakam app is an information society service (a means of communication) between waste generator and waste collectors, we cannot guarantee or take any responsibility for the quality or the absence of defects in the provision of collection services. As the usage of Pakam app for requesting collection services depends on the behaviour of the generator and collector, Pakam does not guarantee that you will always have offers available for the provision of the collection services.
5.2 The Pakam app does not offer or broker collection services for generators. It is also not an collection or logistic agency service for finding generators for collection providers. The Pakam app is used as the means for organising the provision of collection services.
5.3 The consumer’s right of refund is not applied to Pakam 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.
5.4 The Pakam app is provided on an "as is" and “as available” basis. Pakam does not represent, warrant, or guarantee that access to Pakam app will be uninterrupted or error free. In case of any faults in the software, we will endeavour 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 Pakam, its representatives, directors and employees are not liable for any loss or damage that you may incur because of using Pakam app or relying on, the scheduling experience contracted for through the Pakam app, including but not limited to:5.5.1. any direct or indirect property damage or monetary loss;5.5.2. loss of profit; 5.5.3. loss of business, contracts, contacts, goodwill, reputation and any loss that may arise from interruption of the business;5.5.4. loss or inaccuracy of data; and 5.5.5. any other type of loss or damage.
5.6 The financial liability of Pakam in connection with breach of the contract will be limited to 5000 Naira. You will have the right to claim for damages only if Pakam has deliberately violated the contract. Pakam will not be liable for the actions or inactions of the collector and will not be liable for damages that the collector causes to the generator and vice versa.
5.7 You agree to fully indemnify and hold Pakam, 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 Pakam app (including the scheduling you obtain through your use of the Pakam app).
5.8 Pakam may immediately end your use of the Pakam app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of Pakam app or the safety of generators and collectors.
6.1 As Pakam is not a provider or broker of the collection/logistic services, any issues with defects or quality of the collection services will be resolved in accordance with the rules and regulations of the collection service provider or the relevant public authority.
6.2 We ask to join community corner in the Pakam app to provide feedbacks. This enables us to offer suggestions to the collectors for improving the quality of their service.
6.3 We expect that you use Pakam app in good faith and be respectful of the collectors who offer their services through Pakam app. Pakam 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 collection service, fraud, being disrespectful towards the collectors or generators, etc. In these cases, your Pakam app account may be revoked without prior notice.
6.4 Pakam will make every effort to ensure that only collectors, who have integrity and are respectful of their profession and passengers, use the Pakam app. However, we are in no position to guarantee that every provider of collection services, located by the Pakam app, satisfies the aforementioned criteria at all times. If you experience objectionable collection service, please notify the company responsible for the service, a supervisory authority or our customer support.
7.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or Pakam app notifications. If you continue using Pakam 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 Federal 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 the court of law in Lagos Nigeria. 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.