Terms of Use

MuleEx is a cloud-based, full-scale, multi-carrier logistics management platform that aggregates 3Pls and customers. The platform offers users web and mobile applications designed to address current logistic challenges facing 3PLs and customers.

This Terms of Use are made and entered into by and between you (the User as defined below), and MuleEx, a Limited Liability Company, its subsidiaries, and affiliates. This Terms of Use contains the terms and conditions that govern the use of MuleEx, a multi-carrier logistics management software application. The use can be directly, through its website (www.muleex.com) and associated third-party and/or partner “sites” (collectively, the “Platform”)

Definitions

The following definitions apply to this Terms of Use.

MuleEx - For the purposes of this Privacy Policy, the words "we", "us", "our" or "MuleEx" refer to Mule Express Solutions Limited.

MuleEx Family – For the purposes of this privacy policy, “MuleEx Family” means MuleEx Limited and its subsidiary companies and corporate affiliates, as they may exist from time to time.

Personal Information - Information about an identifiable individual, excluding their business contact information used in their business or professional context. Personal Information includes your MuleEx account profile and personal Information. Your personal Information does not include de-identified or aggregated information that cannot reasonably be associated with you.

Services - Our website (www.muleex.com), web app, mobile app, and affiliated applications.

Customer – For the purposes of this terms if used “Customer” means an individual or organization that engages and pays for services provided via MuleEx platform.

3PL Provider: Third-Party Logistics (3PL) provider represents an entity usually a company, that offers logistic services to customers.

User – A customer or 3PL, including authorized representatives, that use, or register to use, our Services.

You – Refers to the person or entity using the platform or receiving any platform Services.

Shipper : A Shipper (also known as a consignor) is a person or a company who provides or sends goods for shipment, by packaging, labeling, and arranging for transit, or who coordinates the transport of goods

Carrier: a person or company that transports goods or people for any person or company and is responsible for any possible loss of the goods during transport

Consignee: the consignee is the entity who is financially responsible (the buyer) for the receipt of a shipment. Generally, but not always, the consignee is the same as the receiver.

Receiver: A receiver is responsible for confirming receipt of items delivered by Carriers. Receivers carefully evaluate order invoices, ensuring the correct quantity of the items, and inspect the merchandise for any possible mislabeling and defects.

Shipment: can either refer to the act of shipping goods by all modes of transport or simply to the overall quantity of goods transported.

By agreeing to these terms on behalf of a business or an individual other than yourself, you represent and warrant that you have the authority to bind that business or other individuals to these terms of use, and your agreement to these terms shall be treated as the agreement of such business or individual. Consequently, you will be regarded and referred to as that business or individual.

These terms of use are a legal contract between MuleEx limited and you. You may download a copy of these terms of use, save and print it for your reference. By accepting the terms electronically or otherwise, you agree to be bound by these terms of use. If you do not wish to accept and agree to be bound by these terms of use, please do not use the platform.

MuleEx may, at her discretion, amend any part of these terms of use at any time. Notices regarding modifications to these terms of use may be in a written form and provided to you: (i) via the platform or (ii) via email (to the email address associated with your MuleEx account).

You are not obliged to continue using the platform services after amendment(s) and MUST cease to use the platform the updated terms are not agreeable to you. If you continue to use the platform services following any amendment, it shall imply your acceptance of the amended terms of use, and waiver of any additional notice requirements.

MuleEx reserves the right to change any information, material or content contained on or provided through the platform (the "content") at any time, and from time to time, without notice. Content does not include your personal information.

Use of the Platform

Consent to Receive Notifications

As a user, by providing your email and mobile phone number, you agree to receive notifications in the form of email, automated short message service (“SMS”), Multimedia messaging service (“MMS”) messages, in-app notification, and/or any other notification channel, about activities in your account as well as service updates. You also agree to receive messages soliciting your feedback about the services as well as your user’s experience while interacting with MuleEx’s customer service team. You equally agree that while receiving these notifications, that standard message and data rates may apply.

Trial Version and Beta Features

If you registered for a trial use of MuleEx’s service, you must subscribe to a paid version at the end of the trial. This is necessary to retain any content that you might have entered while using the service, content created within the data file posted, or uploaded during the trial period. If you do not subscribe to MuleEx’s services by the end of the trial, your content will no longer be available to you.

You also agree that the trial and beta features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from any connected device. You acknowledge and agree that the use of the beta features is at your sole risk.

Third-Party Services, APIs

Through the platform, users can elect to receive services from MuleEx’s ecosystem partners (each such service, a “third-party service,” and each such partner, a “partner”). The user is solely responsible for and assumes all risk arising from user’s election to receive and user’s receipt of any third-party service.

MuleEx is not responsible for third-party services, or any material, information, or results made available through third-party services. The applicable partners may require users to agree to terms and conditions or agreements concerning their provision of the third-party services to user. If user elects to receive a third-party service, user authorizes MuleEx to submit to the applicable partner all documents and information about user, user’s business, and user’s business’ employees that are necessary for such partner to provide the third-party service to user.

User is responsible for the accuracy of all shared information and user represents and warrants that user has all the rights in and to any shared information necessary to provide shared information on MuleEx. User also warrants that MuleEx can share information with partners, and that MuleEx’s use or disclosure of shared information as contemplated hereunder will not violate any rights of privacy or other proprietary rights, or any applicable local, state, or federal laws, regulations, orders, or rules.

User agrees that by electing to receive a third-party service, and by consenting and authorizing MuleEx to submit user’s shared information to a partner, user has waived and released any claim against MuleEx and its directors, officers, and employees arising out of a partner’s use of user’s shared information, even if that use is not authorized by the applicable agreement between user and the partner.

The platform and the services may contain links to third-party websites or resources. MuleEx provides these links only as a convenience and MuleEx is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. User acknowledges its sole responsibility for and assumes all risk arising from, user’s use of any third-party websites or resources.

Terms of Use for APIs Integration of MuleEx with third party applications using APIs provided on MuleEx requires technical skill. You understand that errors or defects in the integration may cause loss and corruption of data. You must make sure that you use the services of technically skilled people for the integration. You agree that MuleEx is not liable for any loss and corruption of data caused due to errors or defects in the integration.

You must not try to access any functionality that is not exposed in the documentation for the API. You understand and agree that the use of MuleEx will not make MuleEx liable for the consequences of accessing or using any unexposed functionality of the API.

API Deprecation MuleEx, in its discretion, may cease providing via MuleEx, the current version of the API either because of the discontinuation of the API or upgrading the API to a newer version. In both cases, the current version of the API will stand deprecated and become the deprecated version of the API (hereinafter "deprecated version"). When MuleEx decides to deprecate the current version of the API, you will be informed about such deprecation through a service announcement. For six months following the announcement of deprecation (hereinafter the "deprecation period"), MuleEx will use commercially reasonable efforts to support the deprecated version. You understand that MuleEx is not obliged to provide the features of the newer version in the deprecated version.

MuleEx in its discretion may cease supporting the deprecated version during the deprecation period if i) MuleEx is required to do so by law or ii) you have breached any provision of these terms or the general terms of service or iii) MuleEx determines that supporting the API is likely to result in a security risk to MuleEx.

Technical Support Services

Members of MuleEx's client service or technical support teams who may perform support tasks related to your account including, but not limited to, refreshing your login credentials, verifying the status of your account, etc. may engage you from time to time. Our client service or technical support personnel do not provide logistics services and only provide technical support services that are administrative or technical in nature. However, 3PLs registered on our platform may leverage our technology to provide you required logistics support services.

Other Services

MuleEx may suggest and notify you through the app or by email of other services that we consider matching your profile based on the information you voluntarily provide on the platform and as part of the platform services.

Privacy

General By providing any of your personal information to the platform; or by permitting a member of our support team to access your personal information, you are consenting to the collection, use, and disclosure of your personal information to provide the platform services to you in line with the MuleEx privacy policy.

Personal information collected by MuleEx as part of the platform services will be used and disclosed in compliance with applicable laws, including the Nigeria data protection regulation (NDPR). Please refer to our general privacy policy to review our practices in collecting, storing, using, and disclosing your personal information, which is incorporated into and forms a part of these terms of use.

Business Customer When you access personal information through the platform, including, without limitation, information contained in user’s record, your access is subject to the terms of your company’s privacy policy and applicable privacy laws. You are equally responsible for complying with your company’s privacy practices and applicable privacy laws.

Technology Risks You understand, acknowledge, and agree that MuleEx and affiliated providers and partners do not control nor accept responsibility for any content passing through the internet, the availability of the internet generally, or internet connectivity.

You understand, acknowledge, and agree that the internet is inherently risky, notwithstanding security measures taken. You understand, acknowledge, and agree that MuleEx and affiliated providers and partners do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the platform.

We have, however, implemented security controls; with complimentary administrative, technical, and physical safeguards to protect against unauthorized access, use, loss, modification, and disclosure of personal information in MuleEx’s control. We adhere to accepted industry practices concerning securing data to, from, and through the platform.

While we will adopt and implement reasonable encryption technology and other security protocols to protect your personal information, by using the platform, you acknowledge that security protocols could fail or be breached, which could result in the unauthorized collection, use, or disclosure of your personal information.

MuleEx will notify you to the extent required by law of any breach that has resulted in the unauthorized collection, use, or disclosure of your personal information or user content.

User Account We require that you sign up for a user account (the "user account") using the available interfaces within the platform to use the platform as yourself. You will use your unique login credentials or user id (username and password) to access the platform and receive any platform services.

To access the platform through third parties (channel partners) authority, the third party shall create a user account for you, and you will be required to log in for the first time through the invitation link sent to you.

You should keep your user id secure and refrain from sharing it with anyone else. You should not seek to collect, collect, or harvest any platform user personal data, including account names or login credentials.

MuleEx reserves the right to revoke your access to the platform at any time should you breach any of your warranties, representations, or obligations under these terms of use. In such an event, we shall deny you access to the platform, the content, your account details, or any user content therein.

You must not assign, transfer, or sublicense your user account and these terms of use, by operation of law or otherwise, without prior written consent from MuleEx. If you assign or transfer your user account or these terms of use for any reason without such consent, such transfer shall be null and of no effect. And we shall hold you liable for any consequential breach thereof.

TERM; TERMINATION; SUSPENSION The services and this terms of use will continue until they are terminated by the user of MuleEx. Users may terminate the services and this terms of use through the user’s account. MuleEx may terminate the services and this terms of use by giving the user at least thirty (30) days’ prior written notice. In addition to MuleEx’s foregoing termination right, MuleEx may immediately suspend or restrict user’s account; suspend or restrict user’s access to the platform or any services; block user’s ability to use any particular feature of a service; or immediately terminate the services and this terms of use, in each case with or without notice to user, in the event that: (1) MuleEx has any reason to suspect or believe that user may violate this agreement; (2) MuleEx determines that user’s actions are likely to cause legal liability for or material negative impact to MuleEx (3) MuleEx believes that user has misrepresented any data or information or that user has engaged in fraudulent or deceptive practices or illegal activities; or (4) user fails to renew his or subscription (5) a force majeure situation arises that makes it impossible for MuleEx to continue supporting MuleEx’s services.

The termination of any of the services or this terms of use will not affect user’s or MuleEx’s rights concerning transactions that occurred before termination. MuleEx will have no liability for any costs, losses, damages, penalties, fines, expenses, or liabilities arising out of or related to MuleEx’s termination of this agreement.

Upon termination of any of the service(s) and/or termination of this terms of use, user’s right to access and use such terminated services(s) will automatically terminate; provided, however, that MuleEx will generally continue to provide user with the ability to access user’s account in a limited capacity concerning such terminated service(s) to view and download information that was available in user’s account at the time of termination of such service(s) (the “limited access rights”). While user has limited access rights, user must use reasonable efforts to adequately secure, and keep confidential, any passwords or credentials for user’s account, and any information accessible via user’s account. MuleEx may deny the limited access rights to the user or may revoke the limited access rights at any time, in its sole discretion, if it has any reason to believe that user may have at any time breached any section of this agreement.

Submissions

User Content

As between you and MuleEx, all content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos, and marks contained on the platform, including the app, are owned, or licensed by MuleEx and are protected by copyright, trademark, and other intellectual property laws.

MuleEx and its licensors (including third-party service providers) expressly reserve all rights in the platform, including the app, and all materials provided by MuleEx in connection with these terms of use and are in no way extended to you.

You acknowledge that all rights, titles, and interest in the platform, all materials provided by MuleEx in connection with these terms of use (including the content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with MuleEx(or third party suppliers including affiliated providers, if applicable), and that the platform, including the app, and all materials provided by MuleEx hereafter are licensed and not ‘sold’ to you.

Ownership

As between you and MuleEx, all content, including (without limitation) all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos, and marks contained on the platform, including the app, are owned, or licensed by MuleEx and are protected by copyright, trademark, and other intellectual property laws.

MuleEx and its licensors (including third-party service providers) expressly reserve all rights in the platform, including the app, and all materials provided by MuleEx in connection with these terms of use and are in no way extended to you.

You acknowledge that all rights, titles, and interest in the platform, all materials provided by MuleEx in connection with these terms of use (including the content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with MuleEx(or third party suppliers including affiliated providers, if applicable), and that the platform, including the app, and all materials provided by MuleEx hereafter are licensed and not ‘sold’ to you.

Third-party Websites & Viruses

The platform may provide links to third-party websites for your convenience only. MuleEx does not endorse the information on such websites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Contents in any linked website are not under MuleEx's control, and if you choose to access any such website, you do so entirely at your own risk.

The downloading and viewing of content are at your own risk. MuleEx cannot and does not guarantee or warrant that the platform or the content is compatible with your computer system or that the platform or the content, or any links from the platform or the content, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties.

You are responsible for implementing safeguards to protect the security and integrity of your computer system. You are also responsible for the entire cost of any service, repairs, or connections of and to your computer system relating to your use of the platform.

Disclaimer of Warranties

Your use of the platform, platform services, and the content on the platform is entirely at your own risk. MuleEx provides the platform, platform services, and the content without warranty or condition of any kind.

MuleEx does not make any representations, warranties, or conditions express or implied, about the merchantability, merchantable quality, quality, accuracy, reliability, completeness, currency, timeliness, fitness for a particular purpose, or non-infringement of the platform, platform services, and the content. The platform, platform services, and the content may include errors, omissions, and inaccuracies.

MuleEx does not warrant the accuracy, appropriateness or timeliness of the service, materials, any record, or other information contained on, or accessible from, the platform or platform services. MuleEx does not guarantee the accuracy, quality or suitability of logistics services provided by affiliated partners or third-party providers. MuleEx has no liability for any error or omissions in the platform, platform services, and the content provided by MuleEx, affiliated partners, and third-party service providers.

MuleEx, on behalf of itself, affiliated partners, and third-party service providers and their respective officers, directors, employees, and agents, hereby disclaims and makes no express, implied, or statutory representations, warranties, or guarantees in connection with the platform, platform services, and the content, relating to quality, suitability, truth, accuracy, completeness or otherwise. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the platform, platform services, and the content contained or presented on the site or through the service is provided to you on an “as is,” “as available” and “where-is” basis with no express or implied warranty of merchantability, fitness for a particular purpose, title, non-infringement of third-party rights or security.

MuleEx does not provide any warranties against viruses, spyware or malware that may be installed on your computer or mobile device or that may damage your computer, mobile device, or data. You acknowledge that the service allows you to communicate with certain third parties. MuleEx has no liability to the extent it is unable to provide any communication feature of the service, or for any harm loss or damage suffered by you because of any third party’s acts or omissions arising from your use of the service. MuleEx shall not be liable for delays, interruptions, data loss, service failures and other problems inherent in the use of the internet. Nothing in this section shall exclude or limit MuleEx’s warranties, representations, or conditions to the extent they may not be lawfully excluded or limited by applicable law, in which case, such warranties, representations or conditions will be excluded and limited to the greatest extent permitted by applicable law.

Limitation of Liability

MuleEx, third-party service providers, and their respective officers, directors, employees and agents and third be liable to you whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for damages of any kind (including, without limitation indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties, or other liabilities), whether or not MuleEx, and third-party service providers are advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the platform, platform services, and the content.

Concerning any direct damages, you agree that the total aggregate liability of MuleEx and her third-party service providers in connection with or under these terms of use or your use of, or inability to make use of, the platform, platform services, and the content, or for any other claim related in any way to your use of, or inability to make use of, the platform, platform services, and the content is limited to ngn20.00. For greater certainty, the existence of one or more claims under these terms of use will not increase the maximum liability amount. The parties agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed in its essential purpose.

Changes of the Terms of Use, Platform or Service

MuleEx may update the terms of use at any time and at its sole discretion and notify you either by posting the modified terms of use on the platform or site or through other communication channels. By continuing to use the MuleEx services or platform, the user is deemed to have accepted the updated terms of use. If the user does not agree to be bound by the updated terms of use, then the user may not continue to use the platform or services.

Governing Law and Jurisdiction

MuleEx controls and operates the platform and platform services from Nigeria. The platform and platform services are only intended for use by persons ordinarily resident in Nigeria.

These terms of use shall be governed by the laws of the federal republic of Nigeria, excluding any conflict of laws that would lead to the application of any other laws.

If you reside outside of Nigeria and access or use the platform and platform services for yourself or on behalf of a third party, the courts of the federal republic of Nigeria shall have exclusive jurisdiction to entertain any action arising under these terms of use, and you hereby accept and irrevocably submit to the jurisdiction of the courts of the federal republic of Nigeria and acknowledge their competence and agree to be bound by any judgment thereof.

A printable copy of these terms of use and any notice in electronic form shall be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

Electronic Transmission

This terms of use, and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof, delivered in person. Neither party hereto shall argue that a contract was not formed hereunder based on either (i) the use of electronic means to deliver a signature or to indicate acceptance of this terms of use (ii) the fact that any signature or acceptance of this terms of use was transmitted or communicated through electronic means; and each party forever waives any related defense.

Insurance

Users on the platform enjoy the following insurance covers on a limited liability basis:

Professional Indemnity Insurance: provides protection on the use of the platform.

No liability shall however arise in respect of any claim or claims made arising out of: -
(a) libel or slander
(b) claims brought about or contributed to by dishonesty, fraudulent, criminal, or malicious acts or omission by platform users, their partners, directors, or employees.
(c) any admission, offer, promise. payment or indemnity made or given by or on behalf of the user without the written consent of MuleEx.
(d) any professional work delegated in whole or in part to any person or firm not under a contract of service to the User unless prior approval has been given by MuleEx.
(e) any act or acts to which this policy applies not discovered and reported to MuleEx during the currency of this policy or in the event of non-renewal or cancellation by MuleEx as provided by MuleEx within 3 calendar months, next following the expiry date or cancellation of this Policy (provided only that if there shall be any other insurance in force during the said 3 calendar months), whether effected by the User or otherwise this Policy shall not cover or contribute to any loss covered by such insurance)
(f) insolvency of MuleEx.
(g) the ownership, operation or control of - nuclear reactors, the buildings housing them and all property contained therein, - property and ancillary buildings on the site of a nuclear reactor installation, - installations for fabricating fuel elements or for processing fissionable material or reprocessing, salvaging, chemically separating, storing or disposing of radiated nuclear fuel or nuclear waste materials, - any other installation designated by local law or government regulation as nuclear installation.
(h) legal liability of whatsoever nature directly or indirectly caused by or contributed to, by or arising from
i. ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel
ii. the radioactive, toxic, explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component thereof
iii. war, invasion, act of foreign enemy, hostilities or war - like operations (whether war be declared or not), civil war, mutiny, civil commotion assuming the proportions of or amounting to a popular uprising, military government usurped power, confiscation, insurrection, rebellion, revolution, nationalization, requisition by or under the order of any government or public or local authority or any act of any person acting on behalf of or in connection with any organization with activity directed towards the overthrow by force of its Government de jure or de facto or to influencing of it by terrorism or violence; strike, riot and malicious damage.

Good in Transit (GIT): provides protection against loss, theft and or damage to goods while being transported by Carriers.

For the insured:
a) Property insured excludes petroleum (AGO/PMS/DPK); glass/glass wares, works of art and explosives and combustible materials.
b) Policies do not cover any loss or damage occasioned by acts of negligence, mishandling, fraud, or dishonesty on the part of the Shipper, consignee, and/or receiver.
c) Policies do not cover any loss arising directly or indirectly through force majeure events including but not limited to war, foreign enemy action including invasion, hostilities of warlike operations, mutiny, civil commotion, military rising, insurrection, rebellions, revolution detention, seizure, confiscation by the state or any other constituted authority.
d) Policies do not cover any loss arising from or in consequence of shipment and carriage of ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel Solely for the purpose of this exclusion combustion shall include any self-sustaining process of nuclear fission.

Public Liability Insurance (PLI): provides protection against injury to persons or damage to property caused by Carriers while carrying out their business activities.

For the insured, policies shall not cover:
a) Liability for bodily injury to or illness contracted by any person employed under a contract of service or apprenticeship with the Insured if such illness or bodily injury arises out of or in the course of such employment.
b) Liability for loss of or damage to: (a) property owned by the insured (b) any underground pipes, cables, mains or sewers or any claim arising in consequence of such loss or damage.
c) Bodily injury illness loss or damage caused or arising out of the owner-ship or possession of or use under the control of the Insured of animals mechanically propelled vehicles aircraft ships boats or craft of any kind but this Exception shall not apply to bodily injury illness loss or damage caused by or in connection with the loading of any vehicle or trailer except in so far as such loading or unloading is covered by a policy of Motor Insurance
d) Any liability arising directly or indirectly through:
i. hoists cranes lift elevators or steam boilers.
ii. fire, explosion, flood
iii. damage to any building structure or land caused by vibration or by the withdrawal or weakening of support.
iv. poisoning, illness, or injury through the consumption of food or beverages
v. defective designs of or defects in any goods or the containers of any such goods which have been sold or supplied by the insured.
vi. any contract of indemnity which imposes upon the insured liability which the insured would not otherwise have been under.
vii. war, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power.
viii. ionizing radiation or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel solely for the purpose of this exclusion combustion shall include any self-sustaining process of nuclear fission.
ix. the indemnity or compensation provided by this policy shall not apply to nor include any accident loss destruction damage or legal liability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.

General Insurance Terms and Conditions

a) 3PLs operating on MuleEx platform shall have required insurance policies in place.
b) MuleEx reserves the right to review the adequacy or otherwise of 3PLs’ insurance policies and where it is deemed inadequate, MuleEx shall reserve the right to deactivate affected 3PLs from the platform.
c) 3PL with inadequate insurance policies shall be required to leverage on insurance protections provided by MuleEx and/or its designated affiliates.
d) Billing: Insurance fees are included by default on the bills payable by Shippers to Carriers.
e) Conditions of Goods: It shall be the shipper’s responsibility to prove the quantity, type, physical properties and composition and the condition of the goods and/or the condition of any container at the time of receipt thereof by the Carrier, and no delivery note, receipt or other document furnished or signed at such time by or on behalf of the Carrier shall constitute conclusive proof thereof.
f) Right to Inspection: as a carrier, you shall have a right to inspect the goods without prior notice to the shipper, which includes the right to open and examine the goods. The receiver on the other hand shall ensure thorough inspection of goods, acknowledge the condition of goods before departure at the point of collection from courier as the carrier shall not be liable for any complaints afterward.
g) Deliveries and Returns: shipments shall be delivered only to the receiver’s address provided by the shipper. If the shipment is deemed to be unacceptable, or receiver cannot be reasonably identified, the carrier shall use reasonable efforts to return the shipment to shipper at shipper’s cost, failing which the shipment may be disposed of by the carrier without incurring any liability whatsoever.
h) Shipper's Warranties: the shipper shall indemnify and hold the carrier harmless for any loss or damage arising out of the shipper’s failure to comply with any applicable laws or regulations, and the for the shipper’s breach of the following warranties and representations:


i. All information, descriptions, values, and other particulars furnished to the carrier is complete and accurate.
ii. The goods are the shipper's sole property, or the shipper is authorized by the person owning the goods to enter into this agreement.
iii. The shipment is properly marked, addressed, and packed to ensure safe transportation with ordinary care in handling.
iv. All applicable customs, import, export and other laws and regulations have been complied with
v. Payment of shipment fee by the shipper’s authorized representative the terms and conditions in this agreement constitute binding and enforceable obligations on the shipper.


i) If, in the opinion of the carrier, any goods become a danger to any person or property, the carrier shall be entitled to and without notice to the shipper take mitigating step in its sole discretion in respect of the goods. In such event the carrier shall not be liable under any circumstances for the value of the goods or for any other loss or damage sustained by the shipper or owner as a result of such steps and still be liable under any circumstances for the value of the goods or for any other loss or damage sustained by the shipper or owner as a result of such steps and still be entitled to recover from the shipper its remuneration for the handling of the goods together with any costs incurred by the carrier.
j) Perishable Goods: the carrier reserves the right to dispose without notice perishable goods which are not taken immediately upon arrival at their destination, or which are insufficiently marked or otherwise not identifiable by the shipper.
k) Route: the carrier shall have the sole discretion to decide what route to follow while delivering shipments.
l) Carrier Obligations: the carrier shall be deemed to have discharged all its obligations in terms hereof once it has delivered or handed the goods stated in the waybill to the receiver at the receiver's address or at any other address the carrier has been requested to deliver the goods.
m) Carrier Liability for Damage or Loss: the carrier shall only be liable for direct loss and damage only and this shall be limited to the declared value of the shipment as stated on the waybill. All other types of loss or damage are excluded, and this includes but is not limited to lost profits, income, interest, and future business. The carrier shall not be liable for any loss or damage that is special or indirect, even if the risks (financial or otherwise) associated with such loss or damage was communicated directly or indirectly to the carrier before or after the acceptance of the shipment.
n) Claims are limited to one claim per shipment, settlement of which will be full and final settlement for all loss or damage in connection therewith.
o) If the shipper regards the limits provided by the carrier as insufficient, then the shipper must make a special declaration of value and take out insurance on the shipment as directed by the carrier’s staff to enable it to recover the full value of the goods, the payment of the premium shall be at the shipper’s expenses, subject to the investigation and subsequent approval by the carrier’s management.
p) All claims must be submitted in writing to the carriers within the time specified by carriers failing which the carrier shall have no liability whatsoever.
q) Subcontracting: the carrier reserves the right to employ subcontractors to act for it and shall bear responsibility or liability to the shipper for any acts or omissions of such third parties.
r) Forfeiture: shipments not collected / picked up within the period indicated by the carrier shall be forfeited to the carrier and the carrier shall dispose of such shipment accordingly.
s) Notices: notices shall be sent to the address stipulated on the waybill.
t) Customs Duties and Taxes: carriers registered on the platform have no control over custom duties and taxes in destination countries as these charges are determined by the customs of the destination country. Any estimate provided shall be purely indicative and shall be binding on the carriers.

Carriers shall not be responsible for any delays arising from customs border control. Shipper and receiver are responsible for providing all documentation needed for customs clearance. In the event the shipper or receiver fails to provide this, the shipper will be charged for the return of the shipment to the origin.

Shipper shall indemnify and hold MuleEx and carriers harmless for any loss or damage any and all claims asserted and/or liability or losses suffered by reason of shipper’s failure to comply with any applicable policies, laws, regulations, postal standards or conventions and for shipper’s breach of any obligation herein and the following warranties and representations: (a) all information provided by shipper or its representatives is complete and accurate; (b) shipper protected the shipments against unauthorized interference during preparation, storage and transportation (c) the shipment is properly marked and addressed and packed to ensure safe transportation with ordinary care in handling; (d) all applicable customs, import, export and other laws, regulations and applicable postal standards have been complied with; and (e) the bill of lading has been signed by shipper’s authorized representative and the T&Cs constitute binding and enforceable obligations of the shipper.

Every shipment is transported on a limited liability basis as provided above. If the shipper determines the limits set forth herein are insufficient, shipper must make a special declaration and may request insurance protection arranged by MuleEx through an insurance provider at an additional cost or make its own insurance arrangements. If the shipper does not request insurance, the shipper assumes all risk of loss or damage, except as set forth herein. Insurance does not cover indirect or consequential loss or damages or loss or damage due to delay. Carriers on MuleEx platform are not liable for any interruption of service due to causes beyond its control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the shipment; acts of god; acts of public authorities; acts or omissions of customs or other authorities; insufficient information provided by shipper; the application of security regulations imposed by the government, or otherwise applicable to the delivery location; riots, strikes, or other labor disputes; civil commotions; disruptions in air or ground transportation networks, such as weather phenomena; and natural disasters.

Disputes, Arbitration, Assignment, Waivers

If you violate any of the terms, MuleEx may terminate or suspend your access to the platform and associated services without notice. These terms will be governed by the laws of the federal republic of Nigeria without regard to its conflicts of law provisions. Any dispute relating to these terms will be heard exclusively in Lagos state, except where MuleEx may seek to enforce a judgment, protect its intellectual property rights, or seek equitable relief (including, without limitation, injunctive relief (without being required to post a bond)) in any court of competent jurisdiction.

Notwithstanding any other provision in this terms of use, and except as otherwise outlined in this section, if either user or MuleEx has any dispute, controversy, or claim, whether founded in contract, tort, statutory, or common law, concerning, arising out of, or relating to this terms of use, the platform, or the services, including any claim regarding the applicability, interpretation, scope, or validity of this arbitration clause and/or this terms of use (each of the foregoing, a “legal claim”) that cannot be resolved directly between user and MuleEx, then such legal claim will be settled by individual (not class or class-wide), confidential, binding arbitration administered under rules of arbitration in force in Nigeria (the “rules”) before a single arbitrator who shall be appointed under the rules. The place of the arbitration shall be Lagos, Nigeria and the language of the arbitration shall be English.

In the case of any dispute arising from shipment, such dispute shall be amicably resolved by the parties. If the dispute, difference, or claim is not settled amicably, parties shall jointly appoint a sole arbitrator to arbitrate on the matter after which, such difference or claim shall then be referred to the Lagos multi-door courthouse (LMDC) for mediation which shall be conducted in accordance with the LMDC mediation procedure rules.

To initiate an arbitration proceeding, an arbitration claim must be submitted by the claimant (the “claimant”), and a written demand for arbitration must be provided to the other party (the “opposing party”), according to the rules.

User further acknowledges, understands, and agrees that user and MuleEx are each waiving their respective rights to a court trial as to disputes hereunder and that user is waiving its right to participate in any class action proceeding arising from this terms of use.

If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. These terms (together with any terms and conditions which govern your use of the platform, platform services, or app, in each case as provided to you by MuleEx) are the entire agreement between you and MuleEx and supersede all prior or contemporaneous negotiations, discussions or agreements between you and MuleEx about the platform and platform services.

MuleEx may assign or transfer these terms of use, at its sole discretion, without restriction. Subject to the foregoing, these terms of use will bind and inure to the benefit of the parties, their successors, and permitted assigns. Any notices or other communications permitted or required hereunder, including those regarding modifications to these terms of use, will be in a written form and given: (i) by MuleEx via email (in each case to the address that you provide); or (ii) via the platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

MuleEx shall not be liable for delay or failure of performance of any obligations required by these terms of use when such delay or failure arises from circumstances beyond the reasonable control of MuleEx. Such causes may include, without limitation, acts of god, acts of government in its sovereign or contractual capacity, acts of a public enemy, acts of civil or military authority, war, riots, civil strife, terrorism, blockades, sabotage, rationing, embargoes, epidemics, earthquakes, fire, flood, quarantine restrictions, power shortages or failures, utility or communication failures or delays, labor disputes, strikes, or shortages, supply shortages, equipment failures or solitary malfunctions. The time for performance of any act delayed by such events may be postponed for a period equal to the delay.

MuleEx’s failure to enforce any of these terms is not a waiver of such terms. The waiver of any terms will be effective only if in writing and signed by a duly authorized representative of MuleEx. Except as expressly outlined in these terms of use, the exercise by either party of any of its remedies under these terms of use will be without prejudice to its other remedies under these terms of use or otherwise. If for any reason a court of competent jurisdiction finds any provision, or term, of these terms of use void, invalid, or otherwise unenforceable, that provision, or term, will be enforced to the maximum extent permissible, and the other provisions, or terms of these terms of use will remain in full force and effect.

Questions, Complaints and Contact

If you have any questions, concerns, complaints, or suggestions regarding these terms of use, the platform, or the platform services, you may contact MuleEx support through email at support@muleex.com. You can also contact us by postal mail at the following address:

MuleEx Limited
c/o The Technical Support Team
#2 Amodi Alli Street,
Millennium Estate, Gbagada,
Lagos State,
Nigeria.