Terms of Service

This terms and conditions was last updated on 14 November, 2023

These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the WasteNG 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 WasteNG Operations. WasteNG is a private limited company incorporated and registered under the laws of federal republic of Nigeria with registration No. 6993671, registered office 40b isale Eko Avenue dolphin Estate ikoyi Lagos, or other WasteNG group company or co-operation partner where WasteNG Services are not provided by WasteNG Operations. In order to use WasteNG app you must agree to the terms and conditions that are set out below:

1. User Account Terms

1.1 The WebApp and the App

1.1.1. You hereby declare that You are a human being over 18(eighteen) years of age and of a sound mind.

1.1.2. If You are under 18 (eighteen) years, but above 12 (twelve) years (“Minor”), please read Our Privacy Policy and seek consent from Your parents/guardians before proceeding to sign up for Our Services through the App or WebApp.

1.1.3. You consent to Our collection and use of technical information about the WebApp, the Mobile App, and other related software, hardware, and peripherals to improve Our products and to provide the Services to You. If You use the Services, You consent to Us and Our affiliates' and licensees' to process the transmission, collection, retention, maintenance, and use of personal data provided to Us, to improve Our Services and/or Your experience while using the WebApp and the Mobile App

1.1.4. You consent to Us, sharing Your personal data provided by You in creating Your User Account with third party contractors and service providers for the purpose of enabling the efficient performance of the Services and effecting any payments or notifications that We need to make to You.

1.1.5. If You signed up for the Services on behalf of a Minor, you hereby confirm that You have obtained the appropriate consent to share the Minor's personal data with Us.

1.1.6. You acknowledge that WasteNG will use the email address and phone number provided by You when creating a User Account on the WebApp and the Mobile App or as updated by You from time to time as the primary method for communication with You. You must monitor the primary User Account email address and phone number You provided to WasteNG and the same must be capable of sending and receiving messages, emails, and receiving phone calls. Your communications with WasteNG can only be authenticated if they come from Your User Account email address and phone number. You hereby acknowledge that WasteNG may also communicate to you via InApp notification and InApp chat features on the App.

1.1.7. As part of Our security procedures, You determine Your sign-in details or any piece of the information You input. By signing up and creating a User Account, You agree to treat Your sign-in details as confidential; do not disclose the same to any third party. WasteNG does not have access to Your sign-in details, if You forget Your sign-in details or know or suspect that a third party gained access to Your sign-in-details, You must promptly change Your sign-in details, by resetting Your password or by contacting Us via info@waste.ng to place a restriction on Your User Account.

1.1.8. You confirm that all information provided by You via the WebApp and the Mobile App are true, correct, and not misleading. You agree to provide any additional documents and/or information as may be required from time to time.

1.1.9. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

1.1.10. By accessing the WebApp and the App, You hereby authorize Us to provide the Services herein contemplated using the WebApp and the App.

A. Using the WasteNG App

WasteNG provides an information society service through WasteNG app that enables mediation of the requests for collection services between the Waste disposal company(PSP) and WasteNG does not provide waste collection services. Waste Collection services are provided by Waste disposal company(PSP) under a contract (with you) for the collection of household users waste. Waste disposal company (PSP) provide transport/logistic services on an independent basis (either in person or via a company) as economic and professional service providers. WasteNG is not responsible in any way for the fulfilment of the contract entered into between the Household user (you) and the Waste disposal company . Disputes arising from consumer rights, legal obligations or from law applicable to the provision of transport services will be resolved between the Household users and Waste disposal company. Data regarding the Waste disposal company and their Collection service is available in the WasteNG app , collection history, and payment for collection (subscription)are available on the household user account.

1.2 . The Household user (you) enters into a contract with the Waste disposal company for the provision of transport/logistic services via the WasteNG app. Payment transactions will happen within WasteNG in-App Payment. 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 WasteNG app, waste disposal company(PSP) details is linked to the respective WasteNG user account and added to our database. If you are no longer using your mobile number, you must notify WasteNG 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 WasteNG app then may have access to your data.

B. Subscription

In order to confirm a Subscription, the household user shall be required to pay a monthly subscription Fee to the waste disposal company before they are eligible for waste collection.

Once your payment for that month is successful, your subscription will be created for that month.

Failure of the household user to pay monthly Subscription Payment, shall entitle the Waste disposal company to reserve the right to withhold waste collection generated by the household user.

2. WasteNG in-App Payment

2.1 Depending on the payment options supported, you can pay for the waste disposal services with a card, transfer or other payment methods as and when available through WasteNG App. By providing WasteNG in-App Payment service, WasteNG acts as commercial agent for the providers of the household user & Waste disposal company. Every Waste disposal company has authorised WasteNG as their commercial agent for the mediation of conclusion of contracts between the Waste disposal company and the Household user, including the power to accept payments from the household user and to forward the payments to the Waste disposal company and vice versa. Obligation of the waste collection service will be fulfilled when the payment is confirmed, You, as a household user is responsible for ensuring that the payment takes place.

2.2 When making payments by WasteNG in-App Payment, WasteNG receives your payments and forwards money to the Waste disposal company. WasteNG may ask additional data from you to verify payment method.

2.3 When making payment through WasteNG in-App Payment for waste collection services, WasteNG 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 WasteNG in-App Payment. WasteNG 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 WasteNG will be responsible for the functioning of WasteNG in-App Payment and provide support in resolving problems. The resolution of disputes related to WasteNG in-App Payment also takes place through us. For payment support service please contact: info@waste.ng. Inquiries submitted by e-mail or WasteNG App will receive a response within one business day. WasteNG will resolve WasteNG in-App Payment related complaints and applications within two business days.

3. Waste Collection services

3.1 Waste collection will be weekly at least once per week.

3.2 Household users are required to sort their waste weekly and make them available a day before waste collection. In a situation the the household user is not around, the waste should be handed over to someone within the household or please put all bins out the night before collection day and leave out until collected. Make sure all bins are placed on the kerbside and are visible from both directions. Do not time the trucks as collection schedule/time can vary.

3.3 It should be noteworthy that Waste disposal companies are not to be allowed to enter Household user apartment. Allowing waste disposal company into the apartment is not WasteNG transaction and such shall be bored by the household user should any complaint arise.

4. License to use WasteNG app

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 WasteNG 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 WasteNG app. In the event that your right to use WasteNG app is cancelled, the corresponding non-exclusive license will also be cancelled.

5. Liability

5.1 As the WasteNG app is an information society service (a means of communication) between Household users and waste disposal companies, 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 WasteNG app for requesting collection services depends on the behaviour of the Household user and waste disposal company, WasteNG does not guarantee that you will always have offers available for the provision of the collection services.

5.2 The WasteNG app does not offer or broker collection services for Household users. It is also not an collection or logistic agency service for finding Household users for collection providers. The WasteNG 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 WasteNG app subscription.

5.4 The WasteNG app is provided on an "as is" and “as available” basis. WasteNG does not represent, warrant, or guarantee that access to WasteNG 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 WasteNG, its representatives, directors and employees are not liable for any loss or damage that you may incur because of using WasteNG app or relying on, the scheduling experience contracted for through the WasteNG 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 WasteNG in connection with breach of the contract will be limited to 5000 Naira. You will have the right to claim for damages only if WasteNG has deliberately violated the contract. WasteNG will not be liable for the actions or inactions of the waste disposal company and will not be liable for damages that the waste disposal company causes to the Household user and vice versa.

5.7 You agree to fully indemnify and hold WasteNG, 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 WasteNG app.

5.8 WasteNG may immediately end your use of the WasteNG app if you breach these General Terms and Conditions or we consider it necessary to protect the integrity of WasteNG app or the safety of generators and collectors.

6. Good practice using the WasteNG app

6.1 As WasteNG 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 report issues in the WasteNG app to provide feedback. This enables us to offer suggestions to the waste disposal company for improving the quality of their service.

6.3 We expect that you use WasteNG app in good faith and be respectful of the waste disposal companies who offer their services through WasteNG app. WasteNG 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 waste disposal company, etc. In these cases, your WasteNG app account may be revoked without prior notice.

6.4 WasteNG will make every effort to ensure that only collectors, who have integrity and are respectful of their profession use the WasteNG app. However, we are in no position to guarantee that every provider of collection services, located by the WasteNG 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. Amendments to the General Terms and Conditions

7.1 If any substantial amendments are made to the General Terms and Conditions, then you will be notified by e-mail or WasteNG app notifications. If you continue using WasteNG app, you will be deemed to accept the amendments.

8. Final Provisions

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.