TERMS AND CONDITIONS

TERMS AND CONDITIONS

ONLINE FOODSTUFF STORE (“we”, “our” or “us” in these terms and conditions) is an online fresh food store where you can search for and purchase food items.Our shopping service is intended for use only within Nigeria.

For the purposes of these terms and conditions, any references to Online Foodstuff Store’s service shall include:

(a) the online shopping service; and

(b) the online foodstuff store mobile application (“App”) services

These terms and conditions govern all use of our online shopping serviceand online foodstuff store mobile application (together referred to as “platforms”) and no extrinsic evidence, whether oral or written, will be incorporated; acceptance is expressly limited to these terms. Our servicesare offered subject to your acceptance of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Online Foodstuff Store Privacy Policy).

Please review the terms and conditions listed below before proceeding to useour services as your use ofour services confirms your agreement to be wholly bound by theseterms and conditions. You agree that if you have any doubts as to the meaning of any part of these terms and conditions or have any questions regarding the terms and conditions, you will not hesitate to contact us for clarification of same. If you do not agree to all the terms and conditions of this agreement, then you agree to refrain from using or accessing our services.

USE OF OUR SERVICE

You may use our services only if you are of legal age and can form a binding contract with Online Foodstuff Storein compliance with this Terms and Conditions and all applicable laws, rules and regulations. All persons under 18 years of age are strictly prohibited from creating an account on our platform and must refrain from accessing our services. You hereby confirm that you are at least 18 years of age or are accessing our services under the supervision of a parent or legal guardian of legal age.

You agree not to use our services for any purpose that is unlawful or prohibited by these Terms and Conditions. You may download the information on platforms for personal use but otherwise neither our services, nor any material on it, may be scraped, copied, altered, modified, reproduced, transmitted or distributed without our prior written consent. Your use of our services will not create, nor will you represent to have, any interests or rights in our intellectual property.

We grant you a non-transferable, revocable and non-exclusive license to use our platform, in accordance with this Terms and Conditions, for such things as: shopping for food items sold on our platform, gathering prior information regarding our products and services and making purchases. Commercial use or use on behalf of any third party is prohibited save in cases where our permission has been first sought and obtained.

These Terms and Conditions specifically prohibit actions such as: accessing our servers or internal computer systems, interfering in any way with the functionality of our platforms, gathering or altering any underlying software code, interfering with any other party’s use and enjoyment of our services, or damaging the operation of our services/systems or those of other persons who use our services ( whether by use of any software or program, virus or corrupted file ) and infringing any intellectual property rights. It must be noted that this list is non-exhaustive and all similar actions are also strictly prohibited. Any breach of these Terms and Conditions shall result in the immediate suspension pending investigation or revocation of the license granted in this paragraph without prior notice to you, without prejudice to any available remedies at law or otherwise.

APP CONTENT

You accept that the information contained on our platforms are provided  “as available” and without warranties of any kind either express or implied. We do not warrant the accuracy, currency, or completeness of the information on our platforms or that our servicesare error free or fit for your intended use. Although we take reasonable steps to ensure the accuracy of information and we believe the information to be accurate when we made it public, it should only be relied upon for the purpose of purchase, but it does not in any way constitute either a representation or a warranty or a guarantee.We do not warrant that our platformsarefree of viruses or other harmful components, and we shall not be responsible or liable for any error in, or omission from, the information we have provided on our services except as required by law. We reserve the right to make changes to the information provided on our services at any time and without notice.

USER SUBMISSIONS

Any information submitted to through our platforms/or provided to us, including but not limited to, questions, reviews, comments, and suggestions shall become our sole and exclusive property and shall not be returned to you. In addition, when you post comments or reviews to our services, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not misrepresent any fact, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. We may, but shall not be obligated to, remove or edit any submissions.

SECURITY OF PAYMENT INFORMATION

We shall use reasonable endeavours to prevent any unauthorised entry into our platform and/or database. However, no member of our group will be liable for any direct or indirect damage or loss whatsoever if any third party gains unauthorized access into our sites and platforms.

Online Foodstuff Store uses “Paystack” and “Interswitch” to securely authorise credit card payments before any charges are made. For further information regarding the payment platforms and how it encrypts and processes transactions, please visit https://paystack.com or https://interswitchgroup.com.

RECEIVING MESSAGES

Upon registration, your name and contact details will be added to our customer database, and you consent to receiving messages from us from time to time. All personal information provided to us will be collected, held and used in accordance with our Privacy Policy. You agree to provide us with your mobile number so we may send you a text message and/or electronic mail (if you have opted in to receive E-mails) when your order has been shipped and/or delivered. We may also send you messages about promotions available at Online Foodstuff Store.

All electronic communications from us (save communications confirming your order or otherwise about your order and your ongoing use of our App) will contain an unsubscribe function if you no longer want to receive messages from us. If you unsubscribe we may not be able to provide you with some of the latest or available Online Foodstuff Store services/offers.

USE OF ONLINE FOODSTUFF STORE’S ONLINE SHOPPING SERVICE

You are deemed to have read and agreed to these terms and conditions if you access, search for and/or order your items through Online Foodstuff Store’s online shopping service. You may register on our App in order to have more access to search for and buy food items. You agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. During the registration process, you can either agree to receive promotional emails from our services or decline to so do. If subsequently, you wish to stop receiving promotional e-mails, you can opt out of the service by clicking on the “unsubscribe” link at the bottom of any promotional email.Any personal information you provide to us will be collected, held and used in accordance with the Online Foodstuff Store Privacy Policy.

PLACING AN ORDER

We hereby reserve the right to refuse any order placed on our servicesat our sole discretion. Where payment for a refused order has been charged to your credit or debit card, we shall make a refund of the value of that order to the credit or debit card utilized for the payment within 72hours.

RETURNS AND REFUNDS

You may only return products received where they are wrong, damaged, defective or counterfeit items.

While we do our best to ensure that only qualitative products are put up for sale on our platforms, as we are not the direct sellers of the products on our platforms, we cannot give any definite assurance or warranty as to the quality of products advertised and we may not be able to accept refunds on the basis of products not being of the exact quality on display on our Site. You are entitled to refund of the excess amount if you are by any chance overcharged for a product. To request a refund, you may contact our refund desk and provide details as to the overcharge. Where the overcharge is confirmed, you will have your refund processed within 5 working days. Kindly note that where you pay with a foreign denominated card, the amount charged shall be the naira equivalent at the time of such payment. 

LINKEDWEBSITES/APPS

We have not reviewed, and cannot review, all of the material made available through our servicess and webpages to which our services link, and vice versa. Online Foodstuff Store does not have any control over thoseapps, and is not responsible for their contents use. Such link does not represent or imply that we endorse such apps or webpage. Online Foodstuff Storehereby disclaims any responsibility for any harm resulting from your use of these apps and webpages.

INTELLECTUAL PROPERTY

This Agreement does not transfer from any of our intellectual property, right, title or interest in any property orthat of any third party to you. Such property will remain (as between the parties) solely with us. Online Foodstuff Store, and all other trademarks, service marks, graphics and logos used in connection with our services are trademarks or registered trademarks of Online Foodstuff Store. Other trademarks, service marks, graphics and logos used in connection with our services may be the trademarks of other third parties. Your use of our services grants you no right or license to reproduce or otherwise use any Online Foodstuff Store or third-party trademarks.

ADVERTISEMENTS

Online Foodstuff Store reserves the right to display advertisements in our services.

AMENDMENTS AND ALTERATIONS

Online Foodstuff Store reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to our services following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through our services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Unless we specify otherwise, updates will be provided at no cost. We may at any time modify, discontinue or restrict access to Online Foodstuff Store’s online shopping service (or any part of it), temporarily or permanently with or without notice to you. You agree that we will not be liable to you or to any third party for any modification to, discontinuance of, or restriction of access to, Online Foodstuff Store’s online shopping service.

NOTICES
We may give notice to you of a change in this Agreement and any other matter through a notification on our services, or other means determined by the Company.

WARRANTY, DISCLAIMER, LIABILITY AND INDEMNIFICATION

You expressly agree that use of our platforms, our services and the internet is entirely at your own risk. Our service, our services, and its contents as stated earlier, are provided on an “as is”, “as available” basis.Online Foodstuff Store and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Online Foodstuff Store nor its suppliers and licensors, makes any warranty that our services will be error free or that access will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our services at your own discretion and risk.We make no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the site or the service. We do not warrant that the functions provided by the site will be uninterrupted or error free, or that this site or the server that makes it available is free from viruses or other harmful components.Neither Online Foodstuff Store or any member of our group shall be liable for any damages of any kind, loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of our service, or the inability to useour services or the internet. Our delivery liability shall be limited to providing you with a refund for any product that is returned. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of our service and to terminate this agreement. The material in the Site is provided for lawful purposes only and you undertake to defend, indemnify, and hold Online Foodstuff Store harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

MISCELLANEOUS

If you do not agree with the terms of this Agreement, you may terminate your acceptance by refraining from accessing our services and cancelling/deactivating your account. We reserve the right to collect fees and charges incurred before you cancel your service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.If you wish to deactivate your account, you may request account deletion by sending your request to Hello@foodstuff.store. Your data will be deleted within thirty (30) days.

JURISDICTION

This Terms and Conditions shall be governed by and construed in accordance with the  laws of the Federal Republic of Nigeria.