TERMS & CONDITIONS OF ORDER AND DELIVERIES (“TERMS AND CONDITIONS”)
Agreement to Terms
Ealivery is a Platform through which different businesses, with which Ealivery can maintain a commercial agreement for the use of the platform, offer a series of products and services. The Client has the possibility of requesting the acquisition of products and services of these shops, in person, through the mandate given to a third party when requesting an order through the Platform, in which cases Ealivery acts as a mere intermediary and therefore, it cannot assume or assume any responsibility for the quality of the products or the correct provision of the services offered directly by the merchants or by said third parties.
Likewise, Ealivery is an “on demand” platform for express collection. It intends to facilitate that those people who need help with their errands or their face-to-face purchases in local businesses (hereinafter, Customers), can carry out their errands through said third parties, willing to voluntarily carry out the mandate conferred by the Clients (in Go ahead, Eaglets).
Eaglets, therefore, are a network of messengers / distributors who are independent professionals who collaborate with Ealivery, when they are interested in providing messaging services, they connect to the Ealivery Platform and in a certain time they commit to carry out the courier / delivery / delivery service entrusted to it by the Client through the aforementioned mandate. As a result, Ealivery cannot assume responsibility for delivery times as long as they will depend on the good work of local stores, in the preparation of orders, and on the couriers themselves. For these purposes, the delivery times indicated through the Site are merely indicative.
Throughout these General Conditions of Use we will refer to Clients and Eaglets as Users.
2. Access and Registration for Customers
In order to be a Platform Client, it is essential that the following requirements be met:
- Have met or be over 18 years of age.
- Accurately complete the mandatory fields of the registration form, in which personal data such as username, email, telephone number and/or bank card number are requested.
- Accept these Conditions of use.
- Accept the Privacy and Data Protection policies.
The User guarantees that all information on his identity and legitimacy provided to Ealivery in his Platform registration forms are true, accurate and complete. It also undertakes to keep your data updated.
In the event that the User provides any false, inaccurate or incomplete information or if Ealivery considers that there are well-founded reasons to doubt the veracity, accuracy and integrity of the same, Ealivery may deny him the access and present or future use of the Platform or of any of its contents and / or services.
When registering on the Platform, the User will select a username (username) and a password (password). Both username and password are strictly confidential, non-transferable personal. Ealivery recommends not using the same passwords as in other platforms to increase account security. In the event that the User uses the same access credentials as in other platforms, Ealivery cannot guarantee the security of the account or ensure that the User is the only one who accesses his profile.
The User agrees not to disclose the data related to his account or make them accessible to third parties. The User will be solely responsible for the use of such data or the services of the Site by third parties, including statements made on the Platform, or any other action carried out through the use of username and / or password.
Ealivery cannot guarantee the identity of registered Users, therefore, it will not be responsible for the use of the identity of a User registered by unregistered third parties. Users are obliged to immediately inform Ealivery of the theft, disclosure or loss of their username or password, communicating it through the communication channels offered by Ealivery.
3. Service operation. Terms of the Mandate
When a User registered as a Client, he/she must go to the web platform and request the service. The basic collection service consists of the collection of a product and its subsequent delivery, both addresses established by the Client provided that they are exclusively within the territory of Ealivery.
Likewise, the Client may request the Eaglet to personally buy products in his name, pick them up and deliver them to the consigned addresses, through a mandate the Eaglet undertakes to acquire the products entrusted by the Client in his name, and according to the indications and specifications provided by the latter.
The Client is solely responsible for the correct consignment of the delivery and collection addresses on the Platform, so he exempts Ealivery and the Eaglet from any negligence or error in the collection or delivery of the order derived from the incorrect consignment of the addresses of delivery and collection. As a result, it will be the Customer who must bear the cost derived from the incorrect consignment of the delivery and collection addresses on the Platform.
The Client must provide all the information, as detailed as possible, regarding the service object of the message, and where appropriate, in relation to the product that he/she requests to buy from the Eaglet in his/her name in the physical stores. To do this, you can enter the comments that you consider useful in the “comments” section, as well as in your case, you can share with the Eaglet a photograph to identify the order. The Client will have constant communication with the Eaglet, being able to address the Eaglet at all times so that he executes the mandate conferred according to the Client’s own instructions.
The Client exempts Ealivery and the Eaglet from any negligence or error in the indications that it consigns for the purchase of the product that asks to buy in its name to the physical stores. As a consequence, it will be the Client who must bear the cost derived from the incorrect consignment of the indications of the products on the Platform (i.e. incorrect address, incorrect product).
To the extent that the price of the product / service does not appear on the platform, the Customer may set an approximate price. In this case, the service or product may be acquired in person by the Eaglet in accordance with what the Client has estimated. In the event that the price is higher, the Eaglet will contact the Client to inform him of this situation and it will be the latter who makes the final decision to proceed or not with the purchase in person in store.
If the product and / or service is not available, the Eaglet must call the Customer to present the options. In the event that the Client does not agree with any of the options set forth by the Eaglet and, consequently, is not interested in the alternative options, he must assume the cancellation policy set forth in these General Conditions of Use (in the section 4)
In the cases in which the Client is not in the place consigned for delivery, the Eaglet will keep the product for 24 hours, or 15 minutes in the case of perishable products. Likewise, the Client must assume 100% of the cost of the basic collection service, as well as the price of the product in the event that one has been acquired or contracted through the Eaglet on behalf of the Client, and must pay another service again to receive undelivered products. The Eaglet will in no case be responsible for the deterioration or expiration of the product subject to the message.
FOOD / PACKAGED PRODUCTS: Ealivery recommends that the User, when ordering food products by mandate, request the Eaglet, through the means provided by the Platform, information regarding the content and composition of the food products ordered.
4. Return of products
In the event that the Client wishes to proceed with the return of a product or wishes to make a claim about the performance of a service, notwithstanding that Ealivery, as an intermediary, assumes the management of the same, the final person in charge will always be the merchant in which the purchase was made. In case of reimbursement of the amount of the purchase to the Client, it will be the merchant who will have the power to decide the method of return (cash, credit card, mobile money etc.) regardless of whether it is Ealivery that on behalf of local commerce proceed to return. Therefore, the return of a product purchased by the Ealivery in execution of the mandate conferred by the Client will be subject in any case to the return policy of the merchant.
In the event that the User wants to process the return of any product for not adapting to what he has requested through the platform, the User must provide a photograph of the total order along with a list of the incorrect products or that have not been delivered , as well as other evidences that demonstrate the non-adequacy of the requested product.
In any case, it will be the power of the merchant to determine in each case the origin of the return so that, in case of dispute, the Client must inform Ealivery through the means provided by Ealivery for this purpose.
5. Price of the products and / or services consigned in the Platform
All prices indicated on the Platform include taxes that may be applicable depending on the territory from which the User operates and, in any case, will be expressed in the currency in force depending on the territory from which the User operates.
In accordance with Clause 6 above, the prices applicable to each service will be those published on the Platform subject to the particularities exposed and applied automatically in the contracting process in the last phase of the same.
However, the prices of products sold in restaurants and / or stores shown on the Ealivery Platform may be indicative. In any case, these prices correspond to products sold in restaurants and / or stores and are exclusively set by them. The Client may contact the Eaglet for the purpose of confirming the final price of the requested products.
The User assumes that in any case the economic valuation of some of the products may vary in real time depending on the establishment that sells them and the available “stock”.
In accordance with the above, the Client through the request for purchase and delivery through the platform gives the Eaglet a mandate to personally acquire the products on his behalf for the price set by the merchants. The Customer may be in direct contact with the Eaglet both during the order, as well as in the delivery of the order to indicate to the Eaglet what product is requested.
6.Right of withdrawal and cancellation of orders
In accordance with the very nature of the service offered by Ealivery, the User is aware that once a Eaglet has voluntarily accepted an order, it is considered that the execution of the purchase mandate has begun and therefore the User will not have the right to withdraw The service request for free.
If, at the time of cancellation of the service, the Eaglet had already made the entrusted purchase of the product or the contracting of a service, the user may instruct the Eaglet to make the return of the same. For this purpose, the User must satisfy the total cost of acquiring the products and the delivery costs, as well as the cost of the return service. In the event that the Eaglet has been able to return the product, the User will be reimbursed for the value of the product, which must, as stated, pay the cost of the two collection and delivery services, as well as the return. The return in any case will be subject to the trade return policies, so the Client declares to be aware that in the case of perishable products (i.e. food),
In the event that the Client has incorrectly indicated the delivery address of the products, he may enter a new address at any time as long as it is within the same city of the initial order and as long as this is a city where Ealivery offers Your intermediation service. In that case, the Client will be in charge of hiring a new service and accepts that the amounts corresponding to the new delivery will be charged. In case of being in another city of the one initially indicated, it cannot be modified to be delivered in a new city and the order will be canceled, and the Client must assume the costs generated as established in this clause.
Ealivery reserves the right to cancel an order without claiming just cause. In case of cancellation requested by Ealivery, the User will be entitled to a refund of the amount paid.
7.Price and payment method
The price of the product and / or service will be the one indicated by the Merchant through the Platform. However, the Client is aware that in any case the economic valuation of some of the products may vary in real time, due to the availability of stock of the establishments offered on the platform, and that in any case the final cost will be Always communicated to the Client prior to the moment of payment.
The Client will have continuous contact with the Eaglet, who will act on their behalf in the acquisition of products and services, so any change or variation will be communicated by the Eaglet prior to the execution of the mandate for the Client’s approval. In case of wanting to make an assessment on the order, the Client will always have the possibility to contact directly with the Eaglet that executes the mandate granted.
Likewise, during the payment gateway, the Client will be informed of the final price of the shipment and the approximate delivery time according to the conditions of Ealivery’s messenger service expressed above.
The Client may make the payment of the products and / or services in cash or mobile money or credit card. For payment by card, the Customer must provide the data of the same through the platform as a payment method associated with his account. Ealivery does not store the card number on its servers, and you can only display the last four digits of the card. The complete information will be stored on the servers of the payment service provider that makes the payments on behalf of Ealivery. Payment by credit card will not entail any extra cost for the Client.
In case of payment in cash, the customer must pay the price at the time of delivery of the product and / or fulfillment of the message at the place of delivery. The customer cannot refuse to pay the cost of the delivery service and / or the price of the requested product. The customer may only refuse to pay the cost of the service if he has made a complaint and has received a favorable resolution from Ealivery at the time of delivery.
8.Policy of matters reserved in shipments
Non-limiting list of examples:
|Alcohol and Tobacco||We do not Deliver anything of / or related to alcohol and/ or tobacco.|
|Animals and Regulated Species||The parts of animals, or fluids; prohibited seeds, harmful plants; plants or other regulated bodies (including their derivatives) in danger of extinction or whose trade is in any case as provided by law.|
|Child pornography||Pornographic material involving minors or content that can be perceived as erotic pedophilia.|
|Copyright on Software and Media||Unauthorized copies of books, music, movies and other protected or licensed materials including copies without proper attribution; and unauthorized copies of software, video games and other protected or licensed materials, including OEMs or other products activating unsolicited messages.|
|Counterfeit and unauthorized products||Replicas or imitations of designers or other goods; celebrity objects that would normally require authentication; fake autographs; foreign exchange; seals; tickets; or other unauthorized goods.|
|Devices or tools to unlock security measures||Modems, chips or other devices to dismantle technical protection measures as well as digital devices, including to unlock iPhones.|
|Drugs||Controlled substances, narcotics, illegal drugs, and accessory drugs, including psychoactive and plant drugs such as hallucinogenic mushrooms as well as material promoting their use; or legal substances such as plants and herbs, in a way that suggests their intake, inhalation, extraction, or other use that may cause the same use as an illegal component, drug or substance or that produces unproven health benefits.|
|Game and Betting||Lottery tickets, bets, memberships / registrations on online betting sites, and relative content.|
|Hacking and cracking materials||Manuals, guides, information or equipment that violates the law damaging or fraudulently facilitating access to software, servers, websites or other protected property.|
|Human parts||Organs or other parts of the body; body fluids; mother cells; embryos|
|Stolen or illegal goods||Materials, products or information that promotes illegal goods or facilitates illegal acts; goods on which you do not have the property or do not have the right to sell; goods produced in violation of the rights of third parties; goods in violation of import, export or label restrictions; motor vehicles subject to transfer restrictions; You (Ealivery User) are solely and completely responsible for verifying that all objects are authentic and legal.|
|Illegal Telecommunications Equipment||Devices that claim to obtain free satellite signal, illegal products to modify mobile phones and other equipment.|
|Offensive goods||Goods, literature, products, or other material that: • Defame any person or group of people based on their race, ethnicity, national origin, religion, sex, or other factor. • Defame any person or group of protected persons according to the applicable law in cases of defamation (such as the royal family in some jurisdictions). • Exaltation or incitement of violent acts. • Promote intolerance or hate. • Promote or support membership in terrorist groups or other organizations prohibited by law. • Contravene public morality.|
|Offensive goods related to a crime||Photos or objects of a crime scene, such as personal belongings, associated with criminals or with criminal acts.|
|Precious materials||Bulk sales of rare or scarce stones or materials.|
|Culturally protected artifacts||Material covered by the 1970 UNESCO Convention on Measures to be Adopted to Prohibit and Prevent the Import, Export and Transfer of Unlawful Property of Cultural Property or other property restricted by law to its sale, export or transfer; Artifacts, cave formations (stalactites and stalagmites);|
|Pyrotechnic devices and hazardous substances that require special permission||Pyrotechnic articles and related goods in markets where their delivery is regulated as well as substances such as gasoline or propane.|
|Traffic devices||Radars, license plate covers, illegal traffic changers and related products.|
|Weapons||Firearms, ammunition, and other objects including but not limited to firearms, camouflaged, or undetectable knives, martial arts weapons, silencers, ammunition or ammunition magazines.|
|Currency and Money||Currency exchange or currencies secured with precious metals, as well as notes, coins, or any other security|
|Elementary and Secondary School / Use by minors||It reserves the right to refuse orders from all those minor users. Additionally, it reserves the right to refuse orders at any location around primary or secondary schools, as well as to request sufficient accreditation|
|Platform misuse / Abuse||We will not tolerate the use of abusive language as well as abusive attitudes towards our company or towards independent professionals.|
NOTE: Ealivery and Eaglet reserves the right to report any client to the police if we upon time of delivery suspect anything of the above-mentioned restrictions.
9.Intellectual Property Rights
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
Ealivery may collect, use and share accurate data on locations, including the real-time geographic location of the User’s computer or mobile device, provided the User authorizes it. This location data can be collected and used by Ealivery to show Users the location of the origin of a message and / or the location of the destination source. In this regard, Users expressly consent that their geolocation data be shared with other Users and Suppliers in order to successfully carry out the requested message at any time. Users may choose to deactivate Geolocation on their devices as detailed in the Data Privacy Policies
It is the responsibility of the User to correctly enter the collection and delivery addresses. In this sense, Ealivery is not responsible for error or omission in the consignment of the same by the User.
11. User Obligations
Users are fully responsible for the access and correct use of their profile and other contents of the Platform subject to current legislation, whether national or international of the Country from which they use the Platform, as well as to the principles of good faith, to morals, good customs and public order. And specifically, it acquires the commitment to diligently observe these General Conditions of Use.
Users are responsible for correctly entering usernames and individual passwords, non-transferable and complex enough, as well as not using the same username and password as in other platforms, all in order to protect your account from fraudulent use by part of third parties outside the platform.
Users will refrain from using their profile and the rest of the contents of the Platform for illicit purposes or effects and that are harmful to the rights and interests of third parties, or that in any way may damage, disable, affect or deteriorate the Platform, its content and its services. Likewise, it is prohibited to prevent the normal use or enjoyment of the Platform to other Users.
Ealivery cannot be held responsible for publishing, and expressly declares that it does not identify with any of the opinions that the Users of the Platform may issue, for whose consequences the issuer of the same is held entirely responsible.
Those who fail to comply with these obligations will be liable for any damage or damage they cause. Ealivery will not be liable for any consequences, damages or damages that may arise from said access or illegal use by third parties.
In general, Users undertake, by way of example and not taxation, to:
- Not to alter or modify, totally or partially, the Platform, bypassing, deactivating or manipulating the functions or services thereof;
- Not infringe the rights of industrial and intellectual property or the regulations governing the protection of personal data;
- Not use the Platform to insult, defame, intimidate, violate one’s own image or harass other Users; – Do not access the email accounts of other Users;
- Do not introduce computer viruses, defective files, or any other computer program that may cause damage or alterations to the contents or systems of Ealivery or third parties;
- Do not send emails with a massive and / or repetitive nature to a plurality of people, or send email addresses of third parties without their consent;
- Do not perform advertising actions of goods or services without the prior consent of Ealivery.
Any User may report to another User when he considers that he is in breach of these General Conditions of Use, all Users may also inform Ealivery of any abuse or violation of these conditions, through our email firstname.lastname@example.org Ealivery will verify this report, as soon as possible, and will adopt the measures it deems appropriate, reserving the right to withdraw and / or suspend any User of the Platform for breach of these General Conditions of Use. Likewise, Ealivery reserves the right to withdraw and / or suspend any message with illegal or offensive content, without prior notice or subsequent notification.
The User may unsubscribe from the Platform by communicating it by email email@example.com
13.Responsibility of EALIVERY
The User is responsible for having the services and equipment necessary for Internet browsing and for accessing the Platform. In case of any incident or difficulty to access the Platform, the User can inform Ealivery through the contact channels made available to the User, who will proceed to analyze the incident and give instructions to the User about how to resolve it in the term as short as possible
Ealivery does not control nor is responsible for the contents spilled by the Users through the Platform, being the only ones responsible for the legal adaptation of said contents.
Ealivery will not respond in case of service interruptions, connection errors, lack of availability or deficiencies in the Internet access service, or for interruptions of the Internet network or for any other reason beyond its control.
Ealivery is not responsible for any security errors that may occur or for any damage that may be caused to the User’s computer system (hardware and software), to the files or documents stored therein, as a result of:
- The presence of a virus in the User’s computer system or mobile terminal that is used for connection to the services and contents of the Platform;
- A malfunction of the browser;
- The use of non-updated versions of it.
14.Responsibility for content
Ealivery has no obligation to control and does not control the use that Users make of the Platform and, therefore, does not guarantee that Users use the Platform in accordance with the provisions of these General Conditions of Use, or make diligent use and / or prudent of it. Ealivery has no obligation to verify and does not verify the identity of the Users, not the veracity, validity, completeness and / or authenticity of the data they provide.
Ealivery excludes any responsibility for damages of any nature that may be due to the unlawful use of the Platform by Users or that may be due to the lack of veracity, validity, completeness and / or authenticity of the information that Users provide other Users about themselves and, in particular, but not exclusively, for damages of any kind that may be due to the impersonation of the personality of a third party made by a User in any kind of communication made to through the Platform. In particular, Ealivery is not responsible for the use of the application as well as for the orders that a third party could make from the User’s account.
Notwithstanding the foregoing, Ealivery reserves the right to limit, in whole or in part, the access to the Platform to certain Users, as well as to cancel, suspend, block or eliminate certain types of content, through the use of technological instruments suitable for In effect, if you had effective knowledge that the activity or information stored is illegal or that you injure property or rights of a third party. In this sense, Ealivery may establish the necessary filters in order to prevent illegal or harmful content from being poured into the network. The provision by the Users of content through the Platform will imply the transfer in favor of Ealivery of all exploitation rights derived from the content provided on the Platform.
15.Platform Update and Modification
Likewise, Ealivery reserves the right to carry out, at any time and without prior notice, updates, modifications or deletion of information contained in its Platform in its configuration and presentation and of the access conditions, without assuming any responsibility for it. Ealivery does not guarantee the absence of interruptions or errors in the access of the Platform or its content, nor that it is always updated, however, Ealivery will carry out, provided that there are no causes that make it impossible or difficult to execute, and as soon as you have news of the errors, disconnections or lack of updating in the contents, all those tasks tending to correct the errors, restore communication and update the contents.
16.Independence of the Clauses
If any of the clauses of these General Conditions were void of full right or voidable, it will be considered as not put. Such declaration of nullity will not invalidate the rest of the Contract, which will remain valid and effective between the Parties.
The relationship between Ealivery and the User will be governed and interpreted in accordance with the General Conditions that in terms of interpretation, validity and execution will be governed by Ghanaian law; and any controversy will be submitted to the Courts of Ghana, unless the User requests the courts of his residence address.
18.Extrajudicial conflict resolution
Conflicts or controversies that take place outside fooGhana will be subject to resolution by the Ghanaian Court.
Questions? Comments? Please send an email to us at firstname.lastname@example.org
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