TERMS AND CONDITIONS FOR INDIVIDUALS SEEKING SERVICES (CUSTOMERS)

The following General Terms and Conditions define the terms and conditions that apply to and govern the utilization of the mijo app. This technology facilitates the connection between service providers and individuals seeking their services within specified geographical areas.

The terms “us” or “we” denote mijo SERVICES, a private entity duly incorporated and registered under the laws of Ghana, with its principal office located in Akatsi. The term “customer” denotes the individual seeking the service.

To access and use the mijo app, you are required to consent to the terms and conditions outlined below:

USING THE MIJO APP

1.1 mijo operates as an information society service through the mijo app, facilitating connections between service providers and individuals seeking their services. It is important to note that mijo does not directly offer the services; rather, service providers independently deliver the services under a contractual agreement with you. These service providers, whether operating individually or through a company, act as autonomous economic and professional entities.

1.2 mijo assumes no responsibility for the execution of the contract formed between you (the individual seeking services) and the service provider. Any disputes arising from consumer rights, legal obligations, or applicable laws related to service provision are to be resolved directly between the customer and the service providers.

1.3Details about service providers and their services are accessible through the mijo app.

1.4 The individual seeking services (you) engages in a contractual agreement with the service provider for the required services through the mijo app. It is your responsibility to negotiate the service cost directly with the service provider, as mijo does not determine or set the service price. The agreed-upon amount must be entered into the mijo app as consideration for the upcoming service. Depending on the available payment options as agreed with the service provider, you have the choice to pay the service provider in cash, through mobile money bank transfers or any convenient means of exchange.

1.5 Upon installing the mijo app, the user’s mobile number is associated with the respective mijo user account and is securely stored in our database. Should you discontinue the use of your mobile number, it is crucial to notify mijo within a 7-day period, allowing us to anonymize your account data. Failure to communicate any changes in your number may lead to your mobile operator reallocating the same number to a new user. In such instances, the new user, upon using the mijo app, may potentially access your data.

ORDERING AND CANCELING TRANSPORTATION SERVICES

3.1 When you request a transport service either by a salon car, rickshaw or a motorcycle, the driver/operator shall indicate the service charge.

3.2 You can call or chat the driver or the operator to negotiate the price.

3.3You have the responsibility to be sure that the fare as seen on the platform at the start of the ride is as agreed before the ride starts.

3.4 The transportation service is considered ordered if the driver moves from the location, he or she was at the time of setting the service charge.

3.5 Canceling an ordered transport service occurs when the driver responds to your request, and you subsequently reject, cancel, or refuse the service. If a transport service request is canceled after a specified time period, you are obligated to pay a cancellation fee.

3.6 Should you cancel a transport service request on multiple consecutive occasions within a 24-hour period, your account may be temporarily blocked as a warning. Following repeated warnings, your account could be suspended for a more extended period (e.g., 6 months). After this period, you may request reactivation, subject to a review by mijo.

3.7 If the driver/operator informs the passenger about the vehicle’s arrival at the destination, and the passenger or intended recipients fail to reach the vehicle within a specified time outlined in the mijo app, the request will be deemed canceled. In some instances, the driver may decide to cancel the request, and it’s important to note that mijo is not liable for such situations.

3.8 Upon the driver’s arrival and notification to you, if there is a delay, the driver may decide to charge an additional fee for the extended time.

3.9 If you request transport services through the mijo app and cause damage to the driver’s vehicle or its interior (including blemishing, staining, or causing unpleasant odors), the driver has the right to demand a penalty of GH¢200 and seek compensation for damages beyond the penalty. Failure to pay the penalty and/or compensate for damages may result in mijo pursuing these claims on behalf of the transport service provider.

ORDERING AND CANCELLING SKILLED/PROFESSIONAL SERVICES

4.1 When you engage a service provider on the mijo platform, it is your responsibility to clearly outline the terms of the service and engagement, including the agreed upon service charge and how it will be paid, the scope of work, deadlines and quality. These terms must be indicated on the agreement sheet on the platform.

CANCELLING A SKILLED/PROFESSIONAL SERVICES

5.1 An engagement that is terminated must be commensurately paid for.

PERMISSION TO UTILIZE MIJO APP

6.1 Subject to your adherence to the stipulations outlined in these General Terms and Conditions, we hereby authorize you with a revocable, non-exclusive, royalty-free right to utilize and access the mijo app in accordance with these General Terms and Conditions, the Privacy Notice, and the relevant terms of the app store. It is prohibited to transfer or sublicense your right to employ the mijo app. Should your authorization to use the mijo app be revoked, the corresponding non-exclusive license will also be rescinded.

RESPONSIBILITY AND LIMITATION OF LIABILITY

7.1 Given that the mijo app functions as an information society service connecting individuals seeking services with service providers, we cannot assure or bear responsibility for the quality or absence of defects in service provision. mijo does not guarantee a continuous availability of service offers due to the reliance on the behavior of service providers.

7.2 mijo app does not act as an intermediary or agent for customers or service providers. It serves as a platform for organizing the provision of services.

7.3 The consumer’s right of refund is not applicable to mijo app orders. Seeking a refund from the service provider does not annul the agreement under which the service was ordered.

7.4 The mijo app is provided on an “as is” and “as available” basis. mijo does not ensure uninterrupted or error-free access. Although we strive to promptly rectify software faults, occasional technical errors may restrict the app’s functionality, and we cannot guarantee continuous operation, especially during public emergencies.

7.5 mijo, its representatives, directors, and employees bear no liability for losses or damages resulting from the use of mijo app, including reliance on contracted services. This includes, but is not limited to, direct or indirect property damage, monetary loss, loss of profit, business interruption, loss or inaccuracy of data, and other types of loss or damage.

7.6 mijo’s financial liability for contract breaches is limited to GH¢500, and claims for damages are only valid in cases of deliberate contract violation. mijo is not responsible for the actions or inactions of service providers or any damages they may cause to customers.

7.7 Users agree to indemnify and hold mijo, its affiliate companies, representatives, employees, and directors harmless from any claims or losses arising from their use of the mijo app, including services obtained through the app.

7.8 mijo reserves the right to terminate user access to the mijo app immediately if a breach of these General Terms and Conditions occurs or if it is deemed necessary to safeguard mijo’s integrity or the safety of service providers.

BEST PRACTICES FOR MIJO APP USAGE

8.1 As mijo does not serve as a provider or intermediary for services, any issues related to service defects or quality will be addressed in accordance with the service provider’s rules and regulations, or by the relevant public authority or courts in Ghana or the corresponding country.

8.2 We encourage users to complete the feedback form within the mijo app. This facilitates the provision of constructive suggestions to service providers for enhancing the quality of their services.

8.3 Users are expected to utilize the mijo app in good faith and exhibit respect towards service providers offering their services through the platform. mijo reserves the right to terminate accounts in the event of terms violation or malicious activities, such as withholding payment for services, engaging in fraud, or displaying disrespect towards service providers. Account revocation may occur without prior notice in such cases.

8.4 mijo endeavors to ensure that only service providers with integrity and respect for their profession and customers use the app. However, we cannot guarantee that every service provider identified by the mijo app consistently meets these criteria. If users encounter unsatisfactory service, we encourage them to report the issue to the responsible service company, a supervisory authority, or contact our customer support.

AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS

9.1 In the event of significant amendments to the General Terms and Conditions, you will receive notification through email or mijo app notifications. By continuing to use the mijo app, you will be considered to have accepted the proposed amendments.

10. FINAL PROVISIONS

The General Terms and Conditions shall be governed, interpreted, and enforced in accordance with the laws of the Republic of Ghana or the corresponding country. If disputes arising from the General Terms or Agreement cannot be resolved through negotiation, the resolution will be pursued in the courts of Ghana or the corresponding country. In the event that any provision of the General Terms is deemed unenforceable, the parties will replace the affected provision with an enforceable one that closely aligns with the intent and economic impact of the original provision.

Date of entry into force: 19.09.2024