Terms of Service

Last Updated: January 1, 2025  •  Effective Date: January 1, 2025

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement," or "TOU") constitute a legally binding agreement between you ("Customer," "User," "Client," or "you") and Import Cargo Courier Services Ltd ("ICC," "Company," "we," "us," or "our"), governing your use of our website, mobile applications, logistics services, courier services, warehousing services, and all related offerings (collectively, the "Services"). By accessing our website, creating an account, placing a shipment order, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

If you are using our services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the terms "you" and "Customer" shall refer to that entity. If you do not have such authority, or if you do not agree with any part of these Terms, you must discontinue use of our services immediately. We reserve the right to refuse service to anyone for any reason at any time at our sole discretion.

These Terms are supplemented by our Privacy Policy, which is incorporated herein by reference. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms shall prevail unless explicitly stated otherwise in a separate written agreement signed by both parties.

2. Services Description

Import Cargo Courier Services Ltd provides a comprehensive range of logistics and courier services designed to facilitate the movement of goods domestically and internationally. Our service portfolio includes air freight, sea freight, express delivery, ground shipping, rail freight, customs clearance and brokerage, warehousing and distribution, and real-time shipment tracking. The specific services available to you may vary based on your geographic location, the nature of your cargo, and applicable regulatory requirements.

Our shipping services encompass pickup from the sender's location, transportation through our logistics network, customs clearance and documentation processing for international shipments, final-mile delivery to the recipient's address, and comprehensive tracking throughout the entire journey. We offer multiple service tiers including Standard, Express, and Premium shipping, each with different transit times, features, and pricing structures as described on our website and communicated during the quote process.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, including the availability of any feature, service tier, or destination, with reasonable notice to affected customers where practicable. We may also impose limits on certain services or restrict access to parts of our services at our sole discretion without liability. Any new features or tools added to the current services shall also be subject to these Terms.

3. User Responsibilities

As a user of our services, you assume full responsibility for providing accurate, complete, and truthful information in all interactions with us, including but not limited to shipment details, sender and recipient information, package descriptions, declared values, customs declarations, and commercial invoices. Providing false, misleading, or incomplete information may result in delays, additional charges, customs penalties, seizure of goods, or legal consequences, and you shall be solely liable for any such outcomes.

You are responsible for ensuring that all items you ship comply with applicable local, national, and international laws and regulations. Certain items are strictly prohibited from shipment, including but not limited to explosives, flammable materials, illegal substances, weapons, counterfeit goods, hazardous materials, and live animals without proper permits. You must also ensure that your shipments are properly packaged to withstand normal handling and transit conditions, using appropriate materials and methods that meet our packaging guidelines and any applicable regulatory standards.

You agree to indemnify and hold harmless Import Cargo Courier Services Ltd, its officers, directors, employees, agents, and partners from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to your breach of these Terms, your violation of any applicable law or regulation, or your shipment of prohibited, restricted, or illegal items through our services. You further agree to comply with all security screening procedures we may implement and to make your shipments available for inspection upon request.

4. Shipping Rates and Payment

Shipping rates are determined based on multiple factors including the origin and destination of your shipment, the weight and dimensions of your package, the selected service tier, the nature of the goods being shipped, and any additional services requested such as insurance, customs clearance, or special handling. All rates quoted are exclusive of applicable taxes, duties, customs fees, and surcharges, which are the responsibility of the shipper or recipient as required by law and will be communicated during the quote process.

We accept payment through various methods including credit and debit cards, bank transfers, mobile payment platforms, and approved corporate credit arrangements. Payment is due upon booking for standard shipments, unless alternative payment terms have been agreed upon in writing for corporate accounts. All prices are quoted in the currency specified at the time of booking and are subject to change without prior notice, although confirmed quotes remain valid for the period specified therein.

We reserve the right to adjust the final shipping charges if the actual weight, dimensions, or characteristics of a shipment differ from the information provided at the time of booking. Additional charges may also apply for services such as address correction, return to sender, storage beyond the complimentary period, customs duties paid on your behalf, and any special handling requirements identified after pickup. In the event of non-payment, we reserve the right to suspend or terminate your account, withhold delivery of shipments, and pursue all available legal remedies to recover outstanding amounts plus applicable interest and collection costs.

5. Liability and Limitations

Import Cargo Courier Services Ltd shall exercise reasonable care in the handling, transportation, and delivery of all shipments entrusted to us. However, our liability for loss, damage, or delay to your shipment is limited as set forth in these Terms and applicable international shipping conventions, including but not limited to the Warsaw Convention, the Montreal Convention, the Hague-Visby Rules, and the Carriage of Goods by Sea Act, depending on the mode of transport used and the jurisdictions involved.

For domestic shipments, our maximum liability is limited to the declared value of the goods or a maximum of $100 per kilogram of the lost or damaged goods, whichever is lower, unless enhanced insurance coverage has been purchased. For international shipments, our liability is governed by the applicable international convention and is typically limited to 22 Special Drawing Rights (SDR) per kilogram for air freight, 666.67 SDR per package for sea freight, or the declared value if higher. Claims for damage must be filed in writing within 14 days of delivery, and claims for loss must be filed within 30 days of the expected delivery date.

We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of market, business interruption, or any other economic loss arising from or related to our services, regardless of whether such damages were foreseeable or whether we were advised of the possibility of such damages. Our total aggregate liability arising from or related to any single shipment or transaction shall not exceed the shipping charges paid for that shipment or the applicable liability limit, whichever is greater.

6. Customs and Import/Export Regulations

All international shipments are subject to customs clearance in the destination country and may be subject to inspection, duties, taxes, and other charges levied by the customs authorities. While we provide customs brokerage services and strive to facilitate smooth clearance of your shipments, the ultimate responsibility for compliance with all import and export regulations, including obtaining necessary permits, licenses, and certifications, rests with you as the shipper or the designated consignee.

Customs duties, taxes, import VAT, and any other government-imposed charges are the responsibility of the recipient unless otherwise agreed upon in writing. If the recipient refuses or fails to pay these charges, the shipper shall be responsible for all associated costs including return shipping, storage fees, and administrative charges. We are not responsible for delays caused by customs inspections, holds, or regulatory requirements, and delivery timelines provided are estimates only and do not account for potential customs processing times.

We reserve the right to open and inspect any shipment for security, customs compliance, or safety reasons. If a shipment is found to contain prohibited, restricted, or undeclared items, we may refuse to transport the goods, return them to the sender at the sender's expense, or deliver them to the relevant authorities for disposal in accordance with applicable laws. Any costs incurred as a result of such action, including fines and penalties, shall be borne by the shipper.

7. Tracking Accuracy Disclaimer

We provide real-time tracking services as a convenience to our customers and make every effort to ensure that tracking information is accurate and up-to-date. However, tracking data is provided on an "as is" and "as available" basis, and we do not guarantee the absolute accuracy, completeness, or timeliness of tracking updates at all times. Tracking information may experience delays due to technical issues, connectivity problems, scanning gaps at transit points, or circumstances beyond our reasonable control.

Estimated delivery dates and times provided through our tracking system are estimates only and are not guaranteed delivery commitments. Actual delivery times may vary due to factors including weather conditions, customs processing delays, transportation disruptions, remote delivery locations, and other operational challenges. We shall not be liable for any losses or damages arising from reliance on tracking information or estimated delivery times, and we reserve the right to update or correct tracking information at any time without prior notice.

8. Intellectual Property

All content, materials, trademarks, service marks, trade names, logos, graphics, images, designs, software, code, and other intellectual property displayed on our website, mobile applications, and marketing materials are the exclusive property of Import Cargo Courier Services Ltd or its licensors and are protected by applicable copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials from our website without our prior written consent, except as expressly permitted by these Terms.

The Import Cargo name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Import Cargo Courier Services Ltd or its affiliates. You may not use these marks without our prior written permission. Any unauthorized use of our intellectual property may violate copyright, trademark, and other laws and may result in legal action. Your use of our website and services does not transfer to you any ownership rights in our intellectual property.

9. Indemnification

You agree to indemnify, defend, and hold harmless Import Cargo Courier Services Ltd, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees and court costs), judgments, and penalties arising out of or related to your use of our services, your breach of these Terms, your violation of any applicable law or regulation, your shipment of prohibited or illegal items, your provision of false or misleading information, or any third-party claims arising from your shipment contents.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of our services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you shall cooperate fully with our defense and shall not settle any such matter without our prior written consent.

10. Force Majeure

Import Cargo Courier Services Ltd shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond our reasonable control, commonly referred to as force majeure events. These events include but are not limited to natural disasters, earthquakes, floods, hurricanes, tsunamis, fires, epidemics, pandemics, government actions, wars, armed conflicts, terrorism, civil unrest, labor disputes, strikes, lockouts, transportation disruptions, fuel shortages, power outages, internet or telecommunications failures, and acts of God.

In the event of a force majeure occurrence, we will use commercially reasonable efforts to mitigate the impact on our services and to resume normal operations as soon as practicable. We will notify affected customers of any significant disruptions and provide updated delivery estimates when available. During a force majeure event, delivery timelines shall be extended by a reasonable period equivalent to the duration of the disruption, and we shall not be liable for any losses, damages, or additional expenses incurred as a result of the delayed performance.

11. Termination

Either party may terminate this Agreement at any time, with or without cause, by providing written notice to the other party. In the event of termination, all provisions of these Terms that by their nature should survive termination shall remain in full force and effect, including but not limited to liability limitations, indemnification obligations, intellectual property rights, and dispute resolution provisions. Upon termination, you remain responsible for all charges incurred prior to the effective date of termination, including any outstanding shipping fees, duties, or other costs associated with shipments in transit.

We reserve the right to suspend or terminate your account and access to our services immediately, without prior notice, if you breach any provision of these Terms, engage in fraudulent activity, ship prohibited items, fail to pay outstanding charges, or if we reasonably believe that your actions may cause harm to our business, other customers, or third parties. Upon termination, we will complete the delivery of any shipments already in our possession and in transit, subject to the applicable terms and conditions governing those shipments.

12. Dispute Resolution

We are committed to resolving any disputes or disagreements with our customers amicably and efficiently. In the event of any dispute arising out of or related to these Terms or our services, you agree to first contact us in writing to attempt to resolve the matter through our internal complaints resolution process. We will acknowledge your complaint within 5 business days and will make every effort to provide a resolution within 30 business days of receiving your complaint.

If the dispute cannot be resolved through our internal process within 45 days, either party may submit the dispute to mediation administered by a mutually agreed-upon mediator in Lagos, Nigeria. If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act of Nigeria, conducted by a single arbitrator appointed in accordance with the rules of the Lagos Court of Arbitration. The language of the arbitration shall be English, and the decision of the arbitrator shall be final and binding on both parties.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations. These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.

13. Changes to These Terms

We reserve the right to modify, amend, or update these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will notify you by posting the revised version on our website with an updated "Last Updated" date, and we may also send you an email notification or display a prominent notice on our website. We encourage you to review these Terms periodically to stay informed of any changes that may affect your use of our services.

Your continued use of our website and services after the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. If you do not agree with any changes to these Terms, you must stop using our services immediately and may request the closure of your account by contacting our customer support team. The version of these Terms that was in effect at the time of your use of a particular service shall govern any disputes related to that specific use.

14. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please do not hesitate to contact us. Our customer service and legal teams are available to assist you with any inquiries related to these Terms or your use of our services.

For any legal notices or formal communications, please send them via registered mail to our headquarters address listed above, marked to the attention of the Legal Department. We aim to respond to all inquiries within 5 business days.