Terms and Conditions

Welcome to FrigX (“FrigX”, “we”, “us”, or “our”). FrigX is a technology-enabled marketplace that connects customers with verified suppliers, drivers, equipment operators and service providers for the delivery of construction materials, water, waste/septic services, transportation, machinery and related services.

These Terms and Conditions (“Terms”) govern your access to and use of the FrigX website, platform, applications and related services (collectively, the “Platform”).

By accessing, registering on, or using the Platform, you agree to be bound by these Terms. If you do not agree with these Terms, you should not use the Platform.

1. Definitions

For purposes of these Terms:

• “Customer” means any individual, business or organisation that uses FrigX to request or purchase a product or service.
• “Provider” means a supplier, driver, equipment owner, operator, contractor or other service provider offering products or services through FrigX.
• “Order” means a request placed by a Customer for a product or service through the Platform.
• “Services” means the services facilitated through FrigX, including but not limited to water delivery, sand and stone delivery, gravel, septic/waste services, heavy transportation, machinery and equipment hire.
• “Platform” means the FrigX website, applications, systems and associated technology.
• “FrigX Fee” means any commission, service charge or other fee payable to FrigX for facilitating a transaction.
• “Transaction” means an Order or other arrangement facilitated through the Platform.

2. About FrigX

1. FrigX operates as a technology and marketplace platform connecting Customers with Providers.
2. Unless expressly stated otherwise, FrigX does not own the vehicles, machinery, quarries, water tankers, construction materials or other physical assets used by Providers.
3. Providers operate independently and are responsible for the products and services they offer, subject to the verification and platform requirements established by FrigX.
4. FrigX may verify Providers and their documentation, licences, vehicles, equipment or other information. However, verification does not constitute a guarantee that a Provider will perform perfectly, remain compliant at all times, or be suitable for every Customer’s particular requirements.

3. Eligibility and Account Registration

1. Customers and Providers must provide accurate, complete and current information when creating an account or submitting information to FrigX.
2. You must not create an account using false information or another person’s identity without authorisation.
3. You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account.
4. You must immediately notify FrigX if you believe your account has been compromised or used without authorisation.
5. FrigX reserves the right to refuse, suspend or terminate an account where there is reasonable evidence of fraud, misuse, unlawful activity, misrepresentation or violation of these Terms.

4. Provider Verification

1. Providers may be required to submit identification, business registration documents, permits, licences, vehicle documentation, insurance information, equipment information, bank/payment information and other documents requested by FrigX.
2. FrigX may conduct verification checks directly or through third-party service providers.
3. A Provider’s “verified” status means that FrigX has completed the applicable verification process based on information available to it at the relevant time. It is not a warranty, certification or guarantee of the Provider’s performance.
4. Providers must keep their information and documentation current and must immediately inform FrigX of any material change.

5. Requesting and Accepting Services

1. Customers may request products or services by providing the required information through the Platform.
2. Customers are responsible for providing accurate information, including delivery location, quantity, type of material or service, access instructions, timing and any special requirements.
3. FrigX may provide an estimated or confirmed price based on information available at the time.
4. An Order becomes binding when it has been accepted in accordance with the process displayed on the Platform.
5. FrigX may contact the Customer or Provider to clarify an Order before acceptance.
6. FrigX may decline, cancel or modify an Order where circumstances reasonably require it, including Provider unavailability, incorrect information, safety concerns, technical problems, suspected fraud, weather, road conditions, regulatory restrictions or other circumstances beyond FrigX’s reasonable control.

6. Prices and Fees

1. Prices displayed on the Platform may vary depending on location, quantity, availability, distance, material type, equipment, timing, market conditions and other factors.
2. The applicable price for an Order will be communicated to the Customer before payment or confirmation, where practicable.
3. FrigX may charge a commission or service fee for facilitating a Transaction.
4. Unless otherwise stated, the FrigX Fee is deducted from amounts payable to the Provider or charged separately as applicable.
5. Providers must not deliberately provide false pricing information or manipulate prices outside the approved FrigX process.
6. FrigX may change its fees and pricing structure from time to time. Changes will apply to future Transactions unless otherwise stated.

7. Payments

1. Customers may be required to make payment through the payment methods made available by FrigX.
2. Where the Platform provides a payment-holding or escrow-type arrangement, funds may be held pending completion or confirmation of the relevant Transaction, subject to the applicable payment terms.
3. FrigX may deduct applicable commissions, charges, refunds or other authorised amounts before releasing funds to a Provider.
4. FrigX does not guarantee the availability or uninterrupted operation of any third-party payment provider.
5. Customers must not attempt to circumvent FrigX’s payment system for Transactions initiated through the Platform.
6. Providers must not demand or encourage Customers to make unauthorised payments outside the FrigX payment process.

8. Delivery and Service Performance

1. Providers are responsible for performing accepted Orders with reasonable care and in accordance with the agreed specifications.
2. Estimated delivery or service times are estimates unless expressly confirmed as guaranteed.
3. Customers must provide reasonable access to the delivery location and ensure that the location is suitable and safe for the requested service.
4. A Provider may refuse or suspend delivery where the location is unsafe, inaccessible, unlawful or materially different from the information provided by the Customer.
5. Customers must inspect delivered materials or completed services as soon as reasonably practicable.
6. Where applicable, proof of delivery may be obtained through a signature, confirmation code, photograph, digital confirmation or other method approved by FrigX.

9. Materials and Quantities

1. Customers are responsible for selecting the appropriate material, quantity and specification for their requirements.
2. Providers must supply materials substantially consistent with the Order.
3. Where quantity, quality, grade, source or specification is material to an Order, the Customer should confirm the relevant requirements before accepting delivery.
4. FrigX may investigate complaints concerning incorrect, incomplete or materially defective deliveries.
5. FrigX does not guarantee that materials will be suitable for a particular construction project unless FrigX has expressly undertaken such responsibility in writing.

10. Cancellations

1. Cancellation terms may vary depending on the type and stage of an Order.
2. A Customer may be entitled to cancel an Order before dispatch or commencement of the service, subject to any applicable cancellation charge.
3. Cancellation after a Provider has commenced travel, loading, delivery or service may result in charges for costs reasonably incurred.
4. A Provider must not cancel an accepted Order without a legitimate reason.
5. Repeated unjustified cancellations may result in suspension or removal from the Platform.

11. Refunds

Refunds may be considered where:

• the Provider fails to deliver an accepted Order;
• the wrong material or service is supplied;
• the Order is materially incomplete;
• the Transaction is cancelled in circumstances qualifying for a refund;
• FrigX determines that a refund is appropriate following investigation; or
• a payment was made in error or without authorisation, subject to verification.

2. Refunds may be reduced by legitimate costs incurred where permitted under the applicable cancellation terms.
3. Refunds may be returned through the original payment method or another method reasonably determined by FrigX.
4. FrigX may request evidence before processing a refund, including photographs, delivery records, payment records, communications or other relevant information.

12. Complaints and Disputes between Customers and Providers

1. Customers should report material problems with an Order to FrigX as soon as reasonably practicable.
2. FrigX may investigate complaints and request information from both parties.
3. FrigX may use available evidence, including Order information, photographs, delivery confirmations, communications and payment records, when reviewing a dispute.
4. Where appropriate, FrigX may facilitate a resolution between the parties.
5. Nothing in these Terms prevents a Customer or Provider from exercising rights available under applicable Ghanaian law.

13. Customer Responsibilities

Customers agree to:

1. provide accurate Order information;
2. provide safe and lawful access to delivery locations;
3. make required payments;
4. treat Providers respectfully;
5. inspect goods and services within a reasonable time;
6. not provide misleading information;
7. not misuse the Platform; and
8. comply with all applicable laws and regulations.

14. Provider Responsibilities

Providers agree to:

1. provide accurate information about themselves, their vehicles, equipment, materials and services;
2. maintain all legally required licences, permits, registrations and insurance;
3. provide services with reasonable care and skill;
4. honour accepted Orders;
5. comply with applicable environmental, transportation, occupational safety and other laws;
6. maintain vehicles and equipment in a safe and serviceable condition;
7. not misrepresent the quality, quantity or origin of materials;
8. not engage in fraud or price manipulation; and
9. comply with FrigX’s Provider standards and policies.

15. Prohibited Use

Users must not use FrigX to:

1. conduct unlawful activities;
2. commit fraud or facilitate fraudulent transactions;
3. provide false or misleading information;
4. impersonate another person or business;
5. interfere with the Platform’s operation;
6. introduce malware or other harmful code;
7. circumvent FrigX fees or payment systems;
8. use another person’s account without authorisation;
9. abuse, threaten or harass other users; or
10. engage in any activity that could reasonably harm FrigX, its users or the public.

16. Safety

1. Users must comply with all applicable safety requirements.
2. Providers are responsible for ensuring that their vehicles, machinery, equipment and personnel are appropriately maintained, qualified and operated.
3. Customers must not request a Provider to perform an activity that is unlawful or reasonably unsafe.
4. FrigX may suspend or cancel an Order where it reasonably believes that continuing the service presents a significant safety or legal risk.

17. Environmental Responsibility

1. Providers must comply with applicable environmental laws and regulations.
2. Providers must not supply materials obtained from unlawful or unauthorised sources.
3. Where applicable, FrigX may require information concerning the source of construction materials.
4. FrigX may suspend Providers where there is credible evidence of unlawful environmental practices or unauthorised extraction of materials.

18. Third-Party Providers and Services

1. FrigX may use third-party payment processors, mapping services, communication providers, hosting providers and other technology providers.
2. Third-party services may be subject to their own terms and policies.
3. FrigX is not responsible for failures caused solely by third-party systems outside FrigX’s reasonable control.

19. Reviews and Feedback

1. Customers and Providers may be permitted to submit ratings, reviews or feedback.
2. Reviews must be honest, relevant and based on genuine experience.
3. Users must not submit fraudulent, abusive, defamatory, discriminatory or misleading reviews.
4. FrigX may remove or restrict content that violates these Terms or applicable law.
5. By submitting feedback or reviews, you grant FrigX permission to use that content for operating, improving and promoting the Platform, subject to applicable law.

20. Intellectual Property

1. The FrigX name, logo, trademarks, website design, software, content, graphics and other intellectual property belonging to FrigX are protected by applicable law.
2. Users may not copy, modify, reproduce, distribute, sell or commercially exploit FrigX intellectual property without written permission.
3. Users retain ownership of content they lawfully submit to the Platform, subject to the licence granted to FrigX under these Terms.

21. Privacy and Personal Data

1. FrigX may collect and process personal information necessary to operate the Platform, verify users, facilitate Transactions, process payments, provide customer support, improve services and comply with legal obligations.
2. FrigX will handle personal data in accordance with applicable data-protection laws and its Privacy Policy.
3. Users should review the FrigX Privacy Policy for information concerning the collection, use, storage and disclosure of personal information.

22. Limitation of Liability

1. FrigX provides a technology platform intended to facilitate transactions between Customers and Providers.
2. To the extent permitted by law, FrigX is not responsible for losses arising solely from:
   1. the acts or omissions of a Provider or Customer;
   2. inaccurate information supplied by a user;
   3. delays caused by traffic, weather, road conditions or other circumstances outside FrigX’s reasonable control;
   4. failures of third-party payment, telecommunications or technology services; or
   5. events beyond FrigX’s reasonable control.
3. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

23. Indemnity

To the extent permitted by law, a User agrees to indemnify and hold FrigX, its officers, employees, agents and representatives harmless from claims, losses, liabilities, damages and reasonable expenses arising from:

1. the User’s breach of these Terms;
2. unlawful conduct by the User;
3. fraudulent or misleading information supplied by the User; or
4. negligent or wrongful acts of the User.

24. Force Majeure

FrigX will not be responsible for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, road closures, strikes, civil unrest, government action, telecommunications failures, power outages, epidemics, pandemics, cyber incidents or failures of third-party infrastructure.

25. Suspension and Termination

1. FrigX may suspend or terminate an account where a User:
   1. breaches these Terms;
   2. engages in fraud or suspected fraudulent activity;
   3. provides false information;
   4. repeatedly cancels or fails to honour accepted Transactions;
   5. attempts to circumvent FrigX’s fees or payment system;
   6. engages in unsafe or unlawful conduct; or
   7. otherwise misuses the Platform.
2. FrigX may also suspend an account where necessary to protect Customers, Providers, FrigX or the public.
3. Termination does not affect rights or obligations that arose before termination.

26. Changes to these Terms

1. FrigX may update these Terms from time to time.
2. Updated Terms will be published on the Platform with the revised effective date.
3. Continued use of the Platform after the effective date of updated Terms constitutes acceptance of the revised Terms, subject to applicable law.

27. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Ghana, unless applicable law requires otherwise.

28. Dispute Resolution

1. FrigX encourages Customers and Providers to first attempt to resolve disputes through the FrigX dispute-resolution process.
2. Where a dispute cannot be resolved through that process, the parties may pursue mediation, arbitration or court proceedings as permitted or required by applicable Ghanaian law.
3. Nothing in this section prevents a party from seeking urgent legal relief where such relief is legally available.

29. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be modified or removed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

30. Entire Agreement

These Terms, together with the FrigX Privacy Policy, applicable Order terms and any other policies expressly incorporated into the Platform, constitute the agreement between you and FrigX concerning your use of the Platform.

31. Contact Us

For questions, complaints, disputes or other enquiries concerning these Terms, please contact: