Terms & Conditions
1. CONTRACTUAL RELATIONSHIP
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOU WILL BE DEEMED TO HAVE ACCEPTED THESE TERMS IF YOU DO EITHER OF THE FOLLOWING: (1) DOWNLOAD THE APPLICATION FOR THE SERVICE FROM THE APPLE STORE, GOOGLE PLAY, AMAZON OR ANY OTHER ONLINE APP STORE, OR (2) USE OR ATTEMPT TO USE THE SERVICE. IF YOU DO NOT AGREE WITH THE THESE TERMS, AND THE CONTRACT FORMED BETWEEN YOU AND BOLABIRD THROUGH YOUR ACCEPTANCE OF THESE TERMS, DO NOT DOWNLOAD THE APP OR USE THE SERVICE.
BolaBird may change or supplement these Terms (“Updates”). BolaBird will post all Updates on its website located at https://www.BolaBird.com and amend the “Last Updated” date listed above. You agree to check this webpage from time to time for Updates. Your continued access or use of the Service after BolaBird posts an Update constitutes your consent to be bound by the Terms, as updated.
2. THE SERVICES
The Service constitutes a technology platform that enables individual and business users of BolaBird’s mobile application or website provided as part of the Service (each, an “Application“) to arrange and schedule pick-ups of refuse (Waste) and Recyclable Materials at the user’s residence or business location with certain third party, independent hauling companies that are (or will be) under contract with BolaBird. YOU ACKNOWLEDGE THAT BolaBird ITSELF IS NOT A HAULER AND DOES NOT OWN OR OPERATE HAULING TRUCKS OR OWN ANY LANDFILLS. CONTAINERS WILL BE DELIVERED ON THE FIRST DAY OF THE START OF SERVICES UNDER THE CONTRACT WITH CUSTOMER, AND DELIVERY FEES MAY APPLY IF APPLICABLE.
Subject to your compliance with these Terms, BolaBird grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Application on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service. The only rights and licenses you receive in connection with the Service are the rights expressly granted in these Terms.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Service; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by BolaBird; (iii) decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Service; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service; (vi) attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks; or (vii) use the Service to schedule a pickup of Prohibited Materials or in violation of any applicable law, including all Environmental Laws.
5. ENVIRONMENTAL REPRESENTATIONS & WARRANTIES
In using the Service, you warrant to BolaBird that: (i) you are providing only Waste Materials for collection, (ii) you are not providing Prohibited Materials for collection; and (iii) you are and will remain in compliance with all Environmental Laws. As used in these Terms, the following terms are defined as below:
(1) “Environmental Law” means all applicable federal, state and local laws and regulations and common law concerning solid or hazardous waste, toxic or hazardous substances or materials, pollution, or protection of human health and safety or the environment, including without limitation in the Local Government Act 1993. ACT 462
(2) “Medical Waste” means any material or waste that is or potentially may be infectious, biohazardous, biomedical, or any other “medical” or similar waste regulated under any Environmental Laws, including without limitation: medical wastes requiring treatment prior to disposal, “red bag” medical waste, blood-soaked bandages, culture dishes and other glassware, discarded surgical gloves, discarded surgical instruments, discarded needles (e.g., medical sharps), cultures, stocks, swabs used to inoculate cultures, removed body organs, and discarded lancets. For avoidance of doubt, Medical Waste is a Prohibited Material under these Terms.
(3) “Prohibited Material” means: (a) any Special Waste not expressly approved in writing by BolaBird, and (b) any materials or substances that are hazardous, toxic, explosive, flammable, radioactive, infectious, or which cannot lawfully be disposed of in a “Subtitle D” landfill, including without limitation, (i) any material considered a “hazardous waste” (ii) PCBs, (iii) asbestos, (iv) diesel fuel, gasoline, or other petroleum products or hydrocarbons, (v) Medical Waste, medications or pharmaceuticals, (vi) any other material or substance that is hazardous or toxic, and which would form the basis of any claim, under any Environmental Laws, and (vii) any waste materials contaminated by, mixed with or containing Prohibited Materials.
(4) “Recyclable Material” means approved materials that can be recycled or recovered, and are not intended for disposal, provided further, however, such term specifically excludes Prohibited Materials.
(5) “Special Waste” means used tires, construction and demolition (C&D) materials, and materials recognized as “universal waste” or as “special waste” under Environmental Laws.
(6) “Waste Material” means non-hazardous solid waste and Recyclable Materials, provided further, however, such term specifically excludes Prohibited Materials.
6. THIRD PARTY SERVICES AND CONTENT
The Service and all rights associated with it are and shall remain BolaBird’s and BolaBird’s licensors’ property. Neither these Terms nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner BolaBird’s company names, logos, product and service names, trademarks or services marks or those of BolaBird’s licensors.
Title to Waste Materials shall, at the time of collection, transfer directly from you to the independent Hauler(s) identified by BolaBird, provided further, that at BolaBird’s option, title to approved Recyclable Materials shall, at the time of collection, pass directly from you to BolaBird. Notwithstanding anything to the contrary in these Terms, title to and liability for Prohibited Materials shall at all times remain with client, and BolaBird shall not be deemed to own, generate, possess or control any (i) Prohibited Materials, or (ii) Waste Materials for which BolaBird has not expressly accepted title in writing.
8. YOUR USE OF THE SERVICES
A. USER ACCOUNTS
In order to use most aspects of the Service, you must register for and maintain an active user Service account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, and if entering into these Terms on behalf of a company or other legal entity, are an employee of that company or legal entity and have the authority to bind that company or legal entity. Account registration requires you to submit to BolaBird certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Service or BolaBird’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BolaBird in writing, you may only possess one Account.
B. USER REQUIREMENTS AND CONDUCT
You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Service and you may only use the Service for lawful purposes and in accordance with these Terms. In connection with using the Service, you will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Hauler or any other party. In certain instances you may be asked to provide proof of identity to access or use the Service, and you agree that you may be denied access to or use of the Service if you refuse to provide proof of identity.
C. TEXT MESSAGING
By creating an Account, you agree that BolaBird may send you certain messages as to facilitate your use of the Service. You may opt out of receiving these messages from BolaBird at any time by contacting BolaBird at support@Bolabird.com or by changing your settings within the Application. You acknowledge that opting out of receiving these messages may impact your use of the Service.
D. PROMOTIONAL CODES
In its sole discretion, BolaBird may create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Service and/or a Third Party Provider’s services, subject to any additional terms that BolaBird establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by BolaBird; (iii) may be disabled by BolaBird at any time for any reason without liability to BolaBird; (iv) may only be used pursuant to the specific terms that BolaBird establishes for the Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. BolaBird reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that BolaBird determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
E. USER PROVIDED CONTENT
In its sole discretion, BolaBird may permit you from time to time to submit, upload, publish or otherwise make available to BolaBird through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to BolaBird, you grant BolaBird a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner that User Content in all formats and distribution channels now known or later devised (including in connection with the Service and BolaBird’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant BolaBird the license to the User Content as set forth above; (ii) you have the authority to grant BolaBird the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor BolaBird’s use of the User Content as permitted in these Terms will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, discriminatory, unlawful, or otherwise offensive, as determined by BolaBird in its sole discretion, whether or not such material may be protected by law. BolaBird may, but shall not be obligated to, review, monitor, or remove User Content, at BolaBird’s sole discretion and at any time and for any reason, without notice to you.
F. NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Service. Your mobile network’s data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and Application and any updates to them. BolaBird does not guarantee that the Service, or any portion of it, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Service will result in charges to you for the services you receive from BolaBird and the Hauler (“Charges“). In your Account settings in the Application, you may choose to be charged either (i) as you use the Service or (ii) as a recurring monthly fee. If you are using the Service on behalf of a company or other legal entity, BolaBird will provide you with further information on how the Services will be charged. If you choose to incur charges as you use the Service, after you have received services through your use of the Service, BolaBird will charge you using your preferred payment method designated in your Account, after which you BolaBird will send you a receipt by email. If you choose to be charged monthly recurring Charges, all Charges will be paid on a monthly basis at the beginning of the month using your preferred payment method designated in your Account, after which BolaBird will send you a receipt by email. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by BolaBird. If your primary Account payment method is expired, invalid or otherwise cannot be charged, you agree that BolaBird may use a secondary payment method in your Account, if available. As between you and BolaBird, BolaBird reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Service at any time in BolaBird’s sole discretion. Further, you acknowledge and agree that Charges may increase due to a change in the size of your requested pick up. BolaBird will use commercially reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of the existence or amount of the Charges. BolaBird may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Hauler Charges applied to you. You may elect to cancel your request for services from a Hauler at any time up to 48 hours prior to the Hauler’s estimated arrival time, in which case you may be charged a cancellation fee of GHC 100. This payment structure is intended to fully compensate BolaBird’s Haulers and BolaBird for the services they provide. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your assigned Hauler.
B. REFUND POLICY
If for any reason BolaBird cannot provide service to the customer for reasons within BolaBird’s control, BolaBird may reimburse customer the full amount for service that was not provided as customer’s sole remedy. Refunds will be made to customer in the same manner customer paid for service. Refunds may take up to 14 days to process.
10. TERM AND TERMINATION FOR INDIVIDUAL USERS
These Terms shall commence on the earlier date of when you download or access the Application or use the Service (“Effective Date”) and will continue until terminated by you or BolaBird as set forth in this Section 10.
You may terminate these Terms by deleting the Application and all copies thereof from your mobile device. BolaBird may terminate these Terms at any time without notice if we cease to support the Application, which we may do in our sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
C. EFFECT OF TERMINATION
Upon termination of these Terms, (i) all rights granted to you under these Terms will also terminate, (ii) you must cease all use of the Application and delete all copies of the Application from your mobile device, and (iii) all outstanding Charges shall remain due by you to BolaBird. Termination will not limit any of BolaBird’s rights or remedies at law or in equity.
11. TERM AND TERMINATION FOR BUSINESS USERS
These Terms shall commence on the start date (“Start Date”) and continue for a period of three (3) years, after which these Terms will continue on a month-to-month basis unless terminated by either you or BolaBird in the manner provided in this Section 11. The Start Date of these Terms shall be the later of (i) the Effective Date of this Agreement or (ii) the last day of your current Waste Services Contract Term, if any, plus one (1) day. The Effective Date shall be the earlier of the date that you download or access the Application or use the Service.
These Terms may be terminated by you for convenience by giving BolaBird thirty (30) days’ prior written notice of your intent to terminate. BolaBird may terminate these Terms at any time without notice if we cease to support the Application, which we may do in our sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms.
C. EFFECT OF TERMINATION
Upon termination of these Terms, (i) all rights granted to you under these Terms will also terminate, (ii) you must cease all use of the Application and delete all copies of the Application from your mobile device, (iii) all outstanding Charges shall remain due by you to BolaBird, and (iv) in the event of termination of these Terms by you, you must pay BolaBird a cancellation fee (“Cancellation Fee”) in the amount of the price of the services rendered by BolaBird to you in the immediately preceding six (6) months before your notice of termination of convenience. Termination will not limit any of BolaBird’s rights or remedies at law or in equity.
12. LIMITATIONS OF LIABILITY, REMEDIES
A. DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BolaBird DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BolaBird MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BolaBird DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF HAULERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
B. LIMITATION OF LIABILITY
BolaBird shall not be liable for damages from any cause whatsoever, regardless of the form of action, whether in contract or in tort, including negligence, strict liability or otherwise, arising from or relating in any manner to any action or failure to act on the part of an independent Hauler, except to the extent such damages arise out of BolaBird’s management of such Services hereunder. Notwithstanding anything to the contrary in this Agreement, BolaBird shall not be liable to Client or any third party in connection with any: (i) Prohibited Materials, or (ii) Waste Materials for which BolaBird has not expressly accepted title in writing. IN NO EVENT SHALL BolaBird OR CLIENT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. In no event shall BolaBird’s aggregate liability arising out of or related to these Terms and the provision of the Services, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total amount paid by you to BolaBird pursuant to these Terms in the three (3) months immediately preceding the event giving rise to the claim.
Notwithstanding anything to the contrary in these Terms, you shall defend, indemnify, release and hold harmless BolaBird and BolaBird’s employees, agents, representatives, current or future parent, subsidiaries, and commonly owned affiliates, including without limitation Athari Technologies LLC (collectively, “BolaBird Indemnitees”) from and against any and all liabilities arising from or relating to: (a) a breach of these Terms by you or your employees, subcontractors or suppliers, including without limitation any breach or inaccuracy of any representation, covenant or warranty contained herein; (b) Prohibited Materials of or concerning you; (c) any violation by you or your employees, subcontractors or suppliers of (or liability under) any Environmental Laws or any other governmental laws, rules, ordinances, or regulations; or (d) any bodily injury (including death) or damage to real property or tangible personal property arising out of any negligence or willful misconduct of you or your employees, subcontractors or suppliers. Client’s indemnity of BolaBird shall survive the termination or expiration of this Agreement.
13. DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity of them or the use of the Service (together, “Disputes”) will be settled by binding arbitration between you and BolaBird, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and BolaBird are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and BolaBird otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
B. ARBITRATION RULES AND GOVERNING LAW
This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Republic of Ghana. Any dispute or difference whatsoever between the parties which may arise out of or in connection with this Agreement shall be referred to arbitration and determined under the provisions of the Act 2010,(Act 798) or any statutory modification or replacement thereof. The Arbitration shall be held in such place and at such time as the arbitrator or empire may direct.
Notwithstanding the provisions of the modification-related provisions above, if BolaBird changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing BolaBird written notice of such rejection by mail or hand delivery to: Athari Technologies Ghana Ltd, Ashalley, Dodi & Associates, General Counsel, Attn: Dispute Resolutions, No 52 Blohum St, Dzorwulu, Accra, Ghana, West Africa or by email from the email address associated with your Account to, within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section.
14. OTHER PROVISIONS OF THESE TERMS
A. CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the Republic of Ghana, without giving effect to any conflict of law principles.
BolaBird may give notice by means of a general notice on the Application, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. BolaBird’s notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to BolaBird, with such notice deemed given when received by BolaBird, at any time by first class mail or pre-paid post to Athari Technologies LLC, Attn: Ashalley, Dodi & Associates, General Counsel.
You may not assign these Terms without BolaBird’s prior written approval. BolaBird may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of BolaBird’s equity, business or assets; (iii) a successor by merger; or (iv) for the benefit of creditors. Any attempted assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, BolaBird or any Hauler as a result of this Agreement or use of the Service. If a court finds that any provision of these Terms is invalid or unenforceable, that provision shall be deemed to have been stricken from these Terms and the remaining provisions shall be enforced to the fullest extent under law. BolaBird’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BolaBird in writing.