Terms of Use
Welcome to Omacart!
These Terms of Use (“Terms”) govern your use of the Omacart services, including, Omacart's Mobile Applications, Omacart's official website APIs, and any websites (or portions thereof) or mobile applications that are operated by Omacart (collectively, the “Services”), and are entered into by you and Omacart Ltd. This Agreement applies to all visitors, users, and others who access the Services (individually hereinafter referred to as “user”). Omacart Ltd is an E-commerce technology company duly incorporated in Nigeria and these Terms of Use are in consonance with the provisions of Laws of Nigeria.
By registering, accessing or using the Omacart Platform, you agree to enter a legally binding contract and be bound by the present Terms of Use. If you do not agree to any of the Terms of Use, you should not click “Register” (or similar) and should not access or otherwise use the Omacart platform or the Product and Services. By using the Services, you agree to be bound by these Terms contained herein, and accept and agree to the collection, use and disclosure of your personal information in accordance with Omacart's Privacy Policy.
The Services offers a platform that presents you with a set of one or more retailers (each a “Retailer”) virtual stores from which you can select goods for picking and packing by one or more personal shoppers and delivery to your location or, if available, for you to pick up in-store. Depending on the Retailer from whom you purchase goods through the Services, picking and packing, and delivery services may be performed by third parties, which may include Retailer personnel, independent contractors, and third-party logistics providers (collectively, “Third Party Providers”).
You accept that services provided by Third Party Providers are provided by third-party independent contractors who are not employed by Omacart. You accept that Omacart does not supervise, direct, or control the performance of services provided by Third Party Providers to you or for your benefit.
When you use the Services to place an order for items, you permit the purchase of those goods from the Retailers you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers. Unless otherwise specified, you accept and agree that Omacart and the Third Party Provider are collectively acting as your agents in the ordering, picking, packaging, and/or delivery of goods purchased by you from the Retailer not the Third Party Provider and not Omacart is the vendor of the goods to you. You agree that your purchase is being made from the Retailer you have chosen, that the Retailer is the vendor on record, and that ownership to any good(s) passes to you when they are purchased at the relevant Retailer's store. You agree that Omacart or the applicable retailer will obtain a debit card authorization for your debit card on record with Omacart to cover the cost of the goods you buy from the retailer and any separate Omacart charges, and that your card will be charged for the goods purchased by you and any applicable charges, commissions, Value Added Tax (VAT) fees, and any other relevant fees as may be required.
Omacart may at any material time, change the fees it charges for the Services, including but without limits to delivery fees, service fees, and heavy order fees. Your card will be temporarily permitted for an amount greater than the total amount of the purchase appearing in the original check out. This higher permitted amount will be disclosed during the purchase process and is a temporary authorization charge on your order, to deal with situations where your total purchase amount turns out to be higher than the original amount due to special requests, added items, replacement items or weight adjustments. You understand and agree that Retailers set the prices of the goods on the Services, and some Retailers may set prices for goods on the Services that are different from regular prices.
You also accept and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Omacart, Omacart does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in Naira value.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Omacart reserves the right to correct any such errors, inaccuracies or omissions and to alter or update information, or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your debit card has been charged).
Acceptance of Terms of Use
Omacart platform along with the Products and Services are licensed and not sold (hereinafter together referred to as “the License”) to You for use only and solely in line with present Terms of Use.
This License is being provided by the Company having its registered address at Flat 2, Obuma Close, Off Stadium Road, Rumuomasi, Port Harcourt. The terms Omacart and the Company are used interchangeably in the Terms since Omacart is a platform owned and run by the Company.
Use of the Omacart Services
Omacart grants you a limited, non-exclusive, unassignable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Omacart's policies. You may not dub, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Omacart's express permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Omacart provides for that purpose and you may not interfere or attempt to disrupt the Services.
Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit and are solely responsible for that content. You grant Omacart a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Omacart may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Omacart will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using Omacart Services for its intended purposes on behalf of a business or other entity, you warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information safe and secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Third Party Providers and Omacart personnel, including individuals who support Omacart's Help Center. Omacart reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.
As a result of constant modifications and improvements, Omacart may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Omacart with any feedback on or comments regarding the Services, you grant Omacart the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or visit the “Help Center” with respect to the same.
Omacart Communications
By creating an Omacart user account, you agree to accept and receive communications from Omacart or Third Party Providers through emails, text messages, calls, and push notifications to the cellular telephone number you provided to Omacart. You understand and authorize that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Omacart, its affiliated companies and/or Third Party Providers, including but not limited to communications concerning orders placed through your account on the Services. Message and data charges may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in your “Account Settings”.
Retailer Memberships
Certain Retailers may allow you to purchase memberships through the Services. If you purchase a Retailer membership through the Services, you understand that you will be charged separately by the Retailer and that you are purchasing the membership directly from the Retailer and not Omacart and separate terms and conditions provided by the Retailer apply. You also understand that you will need to contact the Retailer if you have any questions regarding your membership or the management of your account.
Transactions Involving Alcohol
You may have the option to order alcohol products in some locations and from certain Retailers. You agree that you will comply with all applicable laws and not cause Omacart or any Third Party Provider (including any Retailer) to contravene any applicable laws. If you order alcohol products from a Retailer through the Services, you agree that you are of legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 18 years of age or older in anywhere in Nigeria, or agree that, upon delivery of alcohol products by the Third Party Provider, the recipient will provide a valid means of identification which may be requested for citation by the Third Party Provider proving their age to the Third Party Provider delivering the alcohol products, that the recipient will not be intoxicated when receiving delivery of such products, and that alcohol has not been purchased with the intent to provide the alcohol to someone who is not of legal drinking age. You agree that if any applicable legal requirements for the delivery of alcohol are not met, Omacart reserves the right to cancel the alcohol-related portion of your order.
Third-party Products, Applications, Websites and Content
Omacart platform may contain links and interactive functionality interacting with the websites or applications of third parties including but not limited to payment gateways, links to advertisements etc.
Omacart is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such third party website or application. Omacart shall not be liable or responsible for any such interactions that you may have with any such third party (including a Retailer) websites, applications or links etc.
Disclaimer of Warranties and Liabilities
You expressly acknowledge and agree that use of Omacart Platform or the Products and Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy etc. is with you. Omacart platform and the Products and Services are provided on “as is” and “as available” basis, with all faults and without warranty of any kind.
Omacart hereby disclaims all warranties and conditions with respect to the Omacart platform and Products and Services, either express or implied including, but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement of third party rights. Omacart does not warrant against interference with your enjoyment of the Omacart platform and Products and Services, that the functions contained in, or services performed or provided by the Omacart platform will meet your requirements, that the operation of the Omacart platform or Products and Services will be without delays, disruption or imperfections, uninterrupted or error-free, or that defects in the Omacart platform will be corrected. Omacart shall not be liable under any circumstances for damages arising out of or related in any way to your inability to access, or your difficulty in accessing the Omacart platform, any cyber attacks, malware infection, bugs, viruses, trojans, or the like, which may be transmitted to or through the Omacart platform by any third party (even though all efforts will be made to secure the Omacart platform); any loss of your data or your failure to keep your password or Account details secure and confidential.
Omacart shall have no responsibility for any damage to your mobile handset or computer system or loss of data that results from the download of any content, materials, document or information.
Omacart platform may contain views, advice and statements of third parties but Omacart does not endorse the accuracy, reliability of any views, advice or statements. You relying on any such views, advice and statements shall be solely at your risk and cost.
You agree that neither Omacart nor its affiliates, agents, retailers, licensors, or suppliers is responsible for the fitness or conduct of any third party provider or for any services provided by any third party provider. That neither Omacart nor its affiliates, agents, retailers, licensors, or suppliers will be liable for any claim, injury or damages arising in connection with the acts or omissions of any third party provider.
If you have a dispute with one or more Third Party Providers, you agree to release Omacart (including Omacart's affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Limitation of liability
Under no circumstances shall Omacart (including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable to you for any incidental, special, liquidated, punitive, consequential, or indirect damages (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, failure to store any information or other content maintained or transmitted by the services, service interruptions, or for the cost of procurement of substitute services) arising out of or in connection with the Services, or these terms, however arising including negligence, even if Omacart or Omacart's agents or representatives know or have been advised of the possibility of such damages.
In no event shall Omacart (including its affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) be liable for any indirect, special, punitive, incidental, exemplary and/or consequential damages (including, but not limited to physical damages, bodily injury, death and/or emotional distress and discomfort) arising out of your use of the services, any services provided by third party providers, or any products requested by you or delivered to you, even if Omacart or Omacart's agents or representatives know or have been advised of the possibility of such damages.
Intellectual Property Rights belonging to Omacart
These Terms of Use do not transfer to you any Intellectual Property Rights and other proprietary information including but not limited to copyright, trademarks, service marks, graphics and logos used in or in connection with the Omacart platform or the Products and Services. The said Intellectual Property Rights are owned by Omacart or third-parties and all rights, titles, and interests in and to such property will remain solely with Omacart platform or third parties, as the case may be. Your use of Omacart Platform or Products and Services grants you no right or license to reproduce or otherwise use any Omacart or third-party Intellectual Property Rights. You cannot copy, post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information of Omacart, third parties etc.
Indemnification
You agree to indemnify and hold Omacart and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees incurred in connection with or arising from your breach of any of the Terms of Use or other policies including but not limited to the Privacy Policy and any third-party allegations, claims, actions, disputes or demands asserted by any of them as a result of or relating to your use of Omacart platform and Products and Services or breach of any of the present Terms of Use or other policies including but not limited to the Privacy Policy.
Force Majeure
Notwithstanding anything contained herein or the Privacy Policy or any other applicable policy, Omacart shall under no circumstances be held liable for any damages, losses, loss of Products and Services etc. resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, acts of nature, failures of internet or computer/telecom equipment, change in government regulations, riots, epidemics, storms, civil disturbances, floods etc.
Governing Law, Jurisdiction and Arbitration
The formation and interpretation of these Terms of Use, Privacy Policy or any other applicable policy and any disputes arising in relation thereto shall be governed by the substantive and procedural laws of the Federal Republic of Nigeria. Courts of competent jurisdiction in Nigeria shall have exclusive jurisdiction in or in relation to any matter arising under the present Terms of Use or connected policies including but not limited to the Privacy Policy.
In the event of disputes, differences or claims arising out of or in connection with these Terms of Use and/or the other applicable policies including but not limited to Privacy Policy or in any way relating hereto or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation thereto, Omacart and You shall first endeavor to settle such differences, disputes or claims by amicable settlement and failing such settlement, the same shall be resolved by arbitration by a sole Arbitrator to be appointed mutually by Omacart and You. The arbitration proceedings shall be held in accordance with the Arbitration and Conciliation Act, Cap A18 Laws of the Federation of Nigeria 2004 or any statutory modification or re-enactment thereof for the time being in force. The place of Arbitration shall be the state jurisdiction of the user and the proceedings shall be conducted in the English language.
Termination
The agreement is effective until terminated by You or Omacart. You can terminate this agreement at any time by closing the user account and no longer accessing or using the Omacart platform or Products and Services.
Your rights under this agreement will terminate without notice if You fail to comply with or breach any of the Terms of Use or any other policies including but not limited to Privacy Policy or it is discovered that you are not eligible to use the Omacart platform.
Upon termination of the License, You shall cease all use of the Omacart platform and Products and Services and destroy all copies, full or partial, of the Omacart platform. In case of any termination by either You or Omacart or in case of deletion, uninstallation, discontinuation of use of the Omacart platform, You will not be exempted from your obligation and liability of any rights of recovery or specific performance in relation thereto.
Amendments and Modifications
Omacart reserves the right to modify this Terms of Use or policies including but not limited to Privacy Policy relating to the Omacart platform or Products and Services at any time, effective upon posting of an updated version of this Terms of Use or the said policies, as the case may be, on the Omacart platform. Omacart will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services. Continued use of the Omacart platform or Products and Service after any such changes shall constitute your consent to such changes to the Terms of Use or said policies.
Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Omacart, shall constitute the entire agreement between you and Omacart with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
Waiver of Rights
Omacart's failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
Assignment
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Omacart may assign its rights, licenses, and obligations under these Terms without limitation.
Contact Information
If you have any questions, or comments about these Terms please contact Omacart at:
Omacart Limited
Flat 1, 2 Obuma Close
Off Stadium, Rumuomasi
Port Harcourt – Rivers State
+234 (0) 916 000 1611