Terms & Conditions
These
Terms and Conditions govern the use of the services offered by Uplinx ("Uplinx")
on the Uplinx website (the "Website"). Please read these Terms and
Conditions and the Privacy Policy (the "Privacy Policy") carefully
before using Uplinx’s services or its website.
Your
use of Uplinx services or its website constitutes your acceptance of and
agreement to all of the terms and conditions in these Terms and Conditions and
the Privacy Policy, and your confirmation that you are either at least eighteen
(18) years of age or under the supervision of a parent or legal guardian who is
at least eighteen (18) years of age.
Use Of Website
By
using Uplinx’s website, you confirm that you are either at least 18 years of
age or are using the website under the supervision of a parent or legal
guardian who is at least eighteen (18) years of age.
We
grant you a non-transferable and revocable license to use the website, under
the Terms and Conditions described, for the purpose of shopping for items sold
on the website. Any breach of these Terms and Conditions shall result in the
immediate revocation of the license granted to use the website without notice
to you.
Some
services and features on the website may require registration or subscription.
Should you choose to register or subscribe for such services or features, you
agree to provide accurate and current information about yourself, and to
promptly update such information if there are any changes.
User Account
You are
the sole authorised user of any account you create with Uplinx and are entirely
responsible for all activities that occur under such account.
You are
responsible for maintaining the confidentiality of any account name you create
as well as any password associated with such account. You agree to immediately
notify us of any suspected or actual unauthorised use of your account and/or
password.
By
providing your contact information such as phone number and email address, you
agree to receive information including but not limited to availability of items
in your order, status of your order, promotions, other information that Uplinx
may deem fit to send you. At any point, you may request us to discontinue
sending you such information.
You
must inform us immediately of any changes to the information that you provided
when registering by updating your personal details.
If Uplinx
believes that there is likely to be a breach of security or misuse of the Uplinx
website, we may require you to change your password or we may suspend your
account.
Within
reason, Uplinx may suspend or cancel your account for a variety of reasons
including but not limited to breach of your obligations under these Terms and
Conditions.
Uplinx
shall not be responsible or liable in any way for any loss or damage of any
kind incurred as a result of, or in connection with, your failure to comply
with these Terms and Conditions.
User Submissions
The Uplinx
website may allow the submission of various kinds of communication in the form
of comments, reviews, photographs, videos, comments and other communication by
users of the website.
All
such submissions will be considered non-confidential and will be available for Uplinx
to use as it deems fit in any medium and in any territory globally.
All users
of the Uplinx website hereby agree not to submit material that: (i) is
copyrighted, subject to privacy or publicity rights or otherwise subject to
third party proprietary rights unless you are the owner of such rights or have
permission from the owner to submit the material; (ii) is unlawful, illegal,
obscene, harassing, defamatory, libelous, treasonable, pornographic, hateful,
racially, religiously or ethnically offensive or is otherwise inappropriate;
(iii) could damage the reputation of Uplinx or any third party; or (iv)
impersonates another person. Uplinx reserves the right to remove any submission
at its discretion and not least if the submission breaches any of the above
listed terms.
Uplinx
does not endorse submissions made on its website and Uplinx disclaims any
liability in connection with any submission. You accept that by accessing Uplinx’s
website you may be exposed to submissions that may be offensive, inaccurate or
distasteful, and you hereby waive any legal rights or claims you may have
against Uplinx in relation to this.
Website Content And Pricing
While
care is taken to ensure the content published by Uplinx on its website,
including but not limited to product images, product names, product
descriptions, product functionalities, product uses, product ingredients and
prices, is accurate and complete, errors may occur and you hereby agree that Uplinx
will not be liable in any way for such content.
Though
content may be the same, depending on item version (e.g. books), images on the
site may differ slightly from actual item. Also, prices of items that need to
be weighed (e.g. fruits, vegetables, meat) may be guide prices or approximated
to enable you make a buying decission. However, you will only be billed for the
actual weight purchased; any difference in guide to actual price wil be
credited/debited to your Uplinx wallet as the case may be. Actual price of
weighed items will be fully visible to you upon delivery.
In line
with this, Uplinx reserves the right to refuse or cancel any order if the order
contains item(s) that are mispriced or contain incorrect, inaccurate or
incomplete content.
Order Acceptance And Cancellation
Uplinx
reserves the sole right to determine which orders to accept and process as well
as the right to cancel any order at its own discretion. However, Uplinx will
ensure that the cancellation of any order is communicated in an appropriate
time and manner.
Third Party Websites
Uplinx
may provide web links to websites owned or operated by third parties. Uplinx
does not endorse the content or any products or services available on such
websites and is not responsible for such content. Your connection to any other
websites from the Uplinx website is at your own risk.
Use Of Material
Unless
otherwise stated, all rights to all materials, content, layout, images, text
and design of this website are proprietary to Uplinx. Users of this website may
browse the website and may download material displayed on the website for
non-commercial, lawful, personal use only, provided all copyright and other
proprietary notices contained on the material so downloaded are retained and
such information is not modified, copied or posted on any networked computer or
broadcast in any media. All other copying, reproduction, posting on any other
website, republication, downloading, uploading, encoding, modification,
translation, public performance or display, distribution or transmission of any
portion of this website, or the making of any derivative works from this
Website, is prohibited without the express permission of Uplinx.
Trademarks And Copyrights
This
website is owned, controlled and operated by Uplinx. All material on this
website, including images, illustrations, audio clips, and video clips, are
protected by copyrights, trademarks, and other intellectual property rights
that are owned and controlled by us or by other parties that have licensed
their material to us or provided us permission to use such material.
The
material on the Uplinx website may be used by you for personal, non-commercial
purposes. You must not copy, reproduce, republish, upload, post, transmit or
distribute such material in any way, including by e-mail or other electronic
means and whether directly or indirectly and you must not assist any other
person to do so. Without the prior written consent of Uplinx, modification of
the materials, use of the materials on any other web site or networked computer
environment or use of the materials for any purpose other than personal,
non-commercial use is a violation of the copyrights, trademarks and other
proprietary rights, and is prohibited.
Territorial Use
Uplinx
offers no guarantee that items on the Uplinx website are appropriate or available
for use in locations outside Nigeria, and accessing the Uplinx website from
territories where its contents are illegal or unlawful is prohibited and done
at the user’s risk. Ultimately, the user is responsible for ensuring that
accessing or using the Uplinx website is done in accordance with applicable
local laws.
Applicable Law
These
Terms and Conditions shall be governed by and construed in accordance with the
laws of Nigeria and any disputes will be decided by Nigerian courts.
Limitation Of Liability
You
agree that Uplinx shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from or in connection to use of Uplinx’s
services or website. In no event shall Uplinx’s total liability to you exceed
the amount paid by you to Uplinx.
Indemnity
You
hereby indemnify and hold harmless Uplinx, its owners, licensees, affiliates,
subsidiaries and their respective officers, directors, agents, and employees,
against any losses, claims, actions, costs, damages, penalties, fines and
expenses including reasonable attorneys' fees, made by any third party or
penalty imposed due to or arising out of your breach of these Terms and
Conditions, Privacy Policy and other Policies, or your violation of any law, rules
or regulations or the rights of a third party.
Termination
At Uplinx’s
discretion and without prior notice to you, Uplinx may suspend or terminate
your access to the Uplinx website.
Upon
any termination of your access to the website, you shall immediately cease all
access to and use of the Uplinx website and we shall, in addition to any other
legal or equitable remedies, immediately revoke all password(s) and account
identification issued to you and deny your access to and use of the website in
whole or in part.
If you
are dissatisfied with the website or with any terms, conditions, rules,
policies, guidelines, or practices of Uplinx in operating the website, your
sole and exclusive remedy is to discontinue using the website.
Delivery Windows
For
your convenience, we offer a number of windows in which we expect to deliver
your order. At checkout, you may select your preferred window and we will make
every attempt to deliver within that time period. In the event that there is a
delay to delivering your order within the exact time window, you will be
notified as much in advance as is possible. Ultimately, the delivery windows
are a guide and we are not contractually bound to deliver within the stipulated
time period. What we do guarantee is that your order will be delivered within
24 hours of the time of your selected delivery window. That said, majority of
our customers’ orders are delivered within their chosen delivery window and it
is always our goal to achieve this.
Communicating With You During Order Processing
While
processing your order, we may need to contact you to discuss availability of
some of your items and any replacements we may want to suggest to you. At
checkout, we ask customers their preferred means of us communicating with them
(phone call or SMS/email). Whichever medium you select, we request you to have
access to it so you can respond in a timely manner so as to allow us process
and deliver your order within your preferred delivery window. Customers who are
late in responding may have their delivery rescheduled in order not to delay
delivery of other customer orders slated for the same window.
Access To Your Delivery Location
We
always endeavour to deliver your order directly to your doorstep, however if
access to your location is limited due to a dilapidated road, flooding, road
blocks, civil unrest or any other encumbrances, then we will require you to
notify us in advance and also to meet the delivery driver at a convenient and
more accessible location. Failure to notify us of any such issues may result in
a delay and/or rescheduling of your delivery or a cancellation of your order.
Access Within Your Building
Our
delivery drivers are very happy to carry your order to your doorstep and even
into your home, if you want them to. If your building has an elevator, the
drivers will bring the order to any floor you’re on. If, however, the building
has no elevator, the highest floor the drivers will walk up to is the 4th floor
(assuming the ground floor is the 1st floor). Also, if your order contains
large and/or heavy individual items such as water refill bottles, the driver
will only walk up to the 2nd floor (assuming the ground floor is the 1st floor)
if the building has no elevator.
Meeting Our Delivery Driver
In
order to enable our delivery drivers effect timely deliveries, they are
mandated to wait a maximum of 15 minutes for each customer to receive their
orders from them. After contacting a customer (either by phone call or SMS) and
the customer is either unresponsive or fails to show up after 15 minutes, the
driver will leave and another delivery attempt may be made which may be subject
to an extra charge. Also note that Uplinx will not be liable for any damage
caused to products (such as fresh meat and vegetables or frozen produce) as a
result of the additional time the products spend due to a customer being
unresponsive and/or unavailable to take delivery of such products.
Cancellations
When we
receive customer orders, we begin processing them immediately. And because we do
not sometime hold our own inventory and we only purchase from other partner
outlets when customers place orders, as soon as customers pay for their orders,
we start purchasing their selected products from the partners. The retailers we
buy from have a no-return policy so, we in turn, are unable to return any items
customers purchase from us to the retailers. Thus, once an order has been
placed and paid for, Uplinx is unable to accept a cancellation of the order.
Neither is Uplinx able to process a refund (either to the customer’s Uplinx
wallet or their bank account). This, however, does not affect customers’ rights
to a refund in the event that an ordered item is unavailable.
Returns
If we
deliver an incorrect or damaged item (damage that has been caused by us), we
will happily replace the item at no additional cost to you. For us to replace
such items, customers will need to notify the delivery driver of their
observation at the point of delivery. Once customers have taken delivery of
their order and signed confirming this, they take ownership of the items and Uplinx
will be unable to accept any returns. For this reason, we ask customers to
carefully check and confirm the accuracy of their order with the delivery
driver before acknowledging receipt by signing. Uplinx will not accept returns
for items that have no material damage to them. Products that are materially
intact but whose packaging may have scratches, peels, tearing, dents,
discolouration, rust, or any other aesthetic impairment that does not affect
the taste, functionality or integrity of the actual product may not be accepted
by Uplinx as a return.
Refunds
If an
item you ordered is unavailable, we will continue to check for the item until
it is back in stock. If, after our checks, the item remains out of stock, any
credit due to you will be added to your Uplinx eWallet. We do not process
refunds to bank accounts.
In
instances where your address is not within our delivery coverage locations or
we later receive a payment which did not reflect in our account at the time you
made it, we may process a refund to your account after deducting relevant bank
charges.
Treatment Of Our Employees
Uplinx
employees always strive to please customers and often go to extra lengths to ensure
customers are fully satisfied with the service. We expect that our customers
will accord the same courtesy and respect to all our employees they may engage
with via email, over the phone or in person. Our employees mean a lot to us and
without them, we will not be able to provide the level of service we offer our
customers. So, while we will be patient with customers, we will not tolerate
any written, verbal or physical abuse to our employees by anyone. Any breach of
this by a customer may result in our refusal to fulfill the customer’s order.
In such an instance, if the items in the customer’s order have already been
picked and paid for, we may decide not to deliver to the customer’s location
and instead require the customer to pick up the order at a location of our
choosing. If, however, the items have not been purchased, we may process a
refund after deducting relevant bank, transactional and operational charges and
costs Uplinx may have incurred. Uplinx reserves the right to report any incidence
of abuse to the appropriate law enforcement authorities.