Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this Website. By using this website, ordering any Foodstuff, Groceries, Goods or Services from this Website, you agree to be bound by these Terms and Conditions. If you disagree with any part of the terms then you may not access the service.
This Agreement and all policies and terms incorporated by reference is binding on you and constitute the entire agreement between you and BotiMarket Nigeria Limited or www.botimarketng.com or BotiMarketng.
"you", "your" and "yours" are references to you the person accessing this Website and ordering any Foodstuff, Grocery or other Services from the Website or from any other channel provided by us;
"we", "us", "our", "BotiMarketng" and “BotiMarket Nig. Ltd.” are references to the Company;
"Goods" is a reference to any goods which we may offer for sale from our Website from time to time;
"Service" or "Services" is a reference to any service which we may supply and which you may request via our Website;
"Foodstuff and Groceries Delivery" is a reference to perishable goods and to any form of delivery service from us; and
"Website" is a reference to our Website www.botimarketng.com or our mobile applications on which we offer our Foodstuff and Groceries Delivery Services.
We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation, ownership provision, no warranties, indemnification and limitation of liability.
In any contract for the supply of Foodstuff, Groceries, other Goods and services from this Website, you agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
Foodstuff and Grocery Delivery, other Goods and Services purchased from this Website are intended for your use only and you warrant that any Foodstuff and Grocery purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
Items ordered from our website may not come as exactly as the displayed version on the website, differences in sizes, shapes, colours, texture etc. may apply.
When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
Any order that you place with us is subject to product availability, delivery capacity and acceptance by us. If the Foodstuff or Groceries are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.
All prices for delivery by us or a third party provider assigned by us, listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future without prior notice.
This Website is provided “as is,” with all faults, and we express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
You agree to indemnify, defend and hold harmless Botimarket Nigeria Limited and its subsidiaries, affiliates, officers, agents, employees, representatives and agents from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, judgment, or adjudication that any action or omission arising out of your breach of this Terms and Conditions or your violation of any law or the rights of a third party.
LIMITATION OF LIABILITY
Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
We disclaim any and all liability to you for the supply of the Foodstuff, Groceries Delivery, other Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising.
We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
We shall not be held liable for any failure or delay in performing Services or delivering Foodstuff/Groceries where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
Offers are subject to BotiMarketng’s discretion and may be withdrawn at any time and without notice.
There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
You must notify us immediately if you decide to cancel your order, preferably by phone, and quote your order number. If we accept your cancellation, no cancellation fee applies. If we refuse cancellation, e.g. because preparation of Foodstuff/Groceries Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.
We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms
If any term or condition of these terms is found to be invalid, illegal or unenforceable under any applicable law, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. The parties hereto submit to the exclusive jurisdiction of the courts of the Federal Republic of Nigeria
We may alter or vary the Terms and Conditions at any time without notice to you.
Payment must be made at the time of ordering the Foodstuff/Groceries Delivery, or other Goods or Services from us by credit card. Failure to pay on time will result in the cancellation of your order.
Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section