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Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By accessing and using TowberApp ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

These Terms of Service ("Terms") govern your use of our mobile application and related services provided by TowberApp ("we," "us," or "our").

2. Description of Service

TowberApp is a platform that connects users with roadside assistance and towing service providers. Our services include:

  • Emergency roadside assistance
  • Towing services
  • Vehicle recovery
  • Battery jump-start services
  • Fuel delivery
  • Lockout assistance
  • Flat tire assistance

We act as an intermediary between users and service providers, facilitating the connection and payment process.

3. User Accounts

3.1 Account Creation

To use our service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibilities

You are responsible for:

  • All activities that occur under your account
  • Maintaining the security of your password
  • Notifying us immediately of any unauthorized use
  • Ensuring your account information is accurate and up-to-date

3.3 Account Termination

We reserve the right to terminate or suspend your account at any time for violations of these Terms or for any other reason at our sole discretion.

4. Service Usage

4.1 Acceptable Use

You agree to use our service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the service for any illegal or unauthorized purpose
  • Interfere with or disrupt the service or servers
  • Attempt to gain unauthorized access to our systems
  • Submit false or misleading information
  • Harass, abuse, or harm other users or service providers
  • Use the service to request services you don't actually need

4.2 Emergency Situations

Our service is designed for roadside assistance and emergency situations. In life-threatening emergencies, please contact emergency services (911) immediately.

5. Service Providers

5.1 Provider Network

We work with a network of qualified service providers who are independently contracted and operated. We do not employ these service providers directly.

5.2 Provider Selection

We will attempt to connect you with the nearest available service provider based on your location and service requirements. Provider availability may vary by location and time.

5.3 Provider Quality

While we strive to work with qualified providers, we cannot guarantee the quality of services provided by third-party service providers. Service providers are responsible for their own actions and compliance with applicable laws.

6. Payment and Pricing

6.1 Service Fees

Service fees are determined based on the type of service, distance, and other factors. All prices are displayed in the app before you confirm a service request.

6.2 Payment Methods

We accept various payment methods including credit cards, debit cards, and digital wallets. Payment is processed securely through our payment partners.

6.3 Payment Authorization

By requesting a service, you authorize us to charge your payment method for the service fees and any additional charges that may apply.

6.4 Refunds and Cancellations

Refund policies vary by service type and circumstances. Cancellation fees may apply if you cancel a service request after a provider has been dispatched.

7. Location Services

Our service requires access to your location to provide accurate assistance:

  • You must enable location services to use our app
  • We collect and use location data to connect you with nearby service providers
  • Location data is shared with service providers to coordinate assistance
  • You can control location permissions through your device settings

8. Disclaimers and Limitations

8.1 Service Availability

We do not guarantee that our service will be available at all times or in all locations. Service availability depends on provider availability and network coverage.

8.2 Service Quality

While we strive to provide quality service, we cannot guarantee the outcome of any service request. Service providers are independent contractors responsible for their own work.

8.3 Limitation of Liability

To the maximum extent permitted by law, TowberApp shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use.

8.4 Maximum Liability

Our total liability to you for any claims arising from the use of our service shall not exceed the amount you paid for the specific service in question.

9. Indemnification

You agree to indemnify and hold harmless TowberApp, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

  • Your use of the service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any misrepresentation made by you

10. Intellectual Property

The service and its original content, features, and functionality are owned by TowberApp and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our service without our prior written consent.

11. Privacy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the service, to understand our practices.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in the app.

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Abuse of the service
  • Non-payment of fees

12.3 Effect of Termination

Upon termination, your right to use the service will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Nigeria, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the service shall be resolved in the courts of Nigeria.

14. Dispute Resolution

14.1 Informal Resolution

Before pursuing formal legal action, we encourage you to contact us directly to resolve any disputes informally.

14.2 Arbitration

Any disputes that cannot be resolved informally may be resolved through binding arbitration in accordance with Nigerian arbitration laws.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by:

  • Posting the new Terms on this page
  • Sending email notifications to registered users
  • Displaying a notice in the mobile application

Your continued use of the service after any changes constitutes acceptance of the new Terms.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: support@towberapp.com

Phone: 09039895787, 08032134613, 08033442043

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