1. Introduction and Your Acceptance of the Terms of Use
Last Updated: Saturday 7th September, 2024.
This website and its associated services are owned and operated by Prince K. Telecom Service. By utilizing this platform and its services, you explicitly acknowledge that your use is governed by these Terms of Service and Use ("Terms").
These Terms of Use, referred to as the "Terms of Use," dictate your interactions with our platform, which includes both our website (https://netmart-app.com) and our mobile application known as "NetMart" for various devices (the "App"). Collectively, the Website and the App are referred to as the "Platform." We urge you to carefully read these Terms of Use before engaging with the services. If you do not agree with these Terms of Use, we kindly ask that you refrain from using the services on the Platform and uninstall the App.
By installing, downloading, or using the Platform in any capacity, you enter into a contractual agreement with NetMart. Your acceptance of the Terms of Use, as well as other NetMart policies (including, but not limited to, the Cancellation & Refund Policy, Privacy Policy, etc.) posted on the Platform at various times, becomes effective on the date of your download, installation, or use of the Services. This establishes a legally binding arrangement, and you commit to adhere to the stipulations outlined in these policies. The Platforms are intended for use by (i) natural persons who have attained the age of 18 and (ii) corporate legal entities, such as companies. These Terms are subject to country-specific provisions, as outlined herein, where applicable.
2. Use Of Platform And Services
All commercial and contractual terms are exclusively negotiated and agreed upon between Clients and Merchants. These terms encompass but are not limited to, aspects such as pricing, taxes, shipping costs, payment methods, payment terms, delivery dates, periods, and modes, as well as warranties and after-sales services associated with products and services. NetMart does not exert any control, provide advice, or involve itself in any manner in the formulation or acceptance of these commercial and contractual terms between Clients and Merchants.
While NetMart may extend support services to Merchants, such as order fulfillment, payment collection, call center assistance, and other services, these are rendered under independent contracts executed between NetMart and the Merchants. It is crucial to note that NetMart holds no responsibility for any non-performance or breach of contracts between Clients and Merchants on the Platform. NetMart cannot guarantee the performance of any transaction concluded on the Platform between Clients and/or Merchants.
As an e-commerce platform, NetMart functions solely as a facilitator and does not, at any point during transactions, take possession of the products or services offered by Merchants. NetMart neither holds any right, title, or interest in these products nor does it assume any obligations or liabilities in connection with the contracts entered into between Clients and Merchants.
You explicitly agree and acknowledge that NetMart is not accountable for:
The quality of goods provided by shops, pharmacies, or restaurants, including the suitability of food orders to your requirements.
Any dissatisfaction arising from the Merchant's items or food not meeting your expectations, resulting in any loss, harm, or damage to you.
The availability or unavailability of specific items on the menu.
Merchants serving incorrect orders.
3. Purpose
Our goal is to connect you with the businesses we collaborate with, referred to as "Partners," facilitating the ordering of Items for delivery through our Service. When you place an order from a Partner, NetMart acts as an agent representing that Partner, overseeing your order from our Application and managing your experience throughout the order process. Upon order placement, the delivery of your Items will be coordinated by either NetMart ("NetMart Delivery") or our Partner ("Partner Delivery").
The details of the menu and price list available on the Platform are derived from the information provided by the Merchants. NetMart will not be held responsible for any changes, cancellations, or unavailability of items. It's important to note that all menu and food images displayed on our platforms are purely representative and may not precisely match the actual Menu or Food Ordered. NetMart disclaims any responsibility or liability for any discrepancies or variations in this regard.
4. Your Account
To access our services, you must create an account on our site. During the account setup, we will request personally identifiable information, including your name, phone number, and email address. Additionally, demographic information like your zip code may be collected, and you can choose to submit additional details for your profile. While basic information is necessary for your account, you have control over how much additional information you share, and we encourage you to be mindful of the details you provide.
You can close your account anytime through the account section on our platform or by contacting us directly. Account access may be suspended or permanently closed if we suspect unauthorized use or if there is any indication of service abuse. If an account is closed permanently, any remaining account credit will be refunded through the original payment method or a bank transfer if necessary.
Delivery times are estimated and may vary. We are not liable for delays caused by factors such as order processing delays at the Client or Merchant's end or other unforeseen circumstances.
Orders are delivered to the address provided during order placement. We reserve the right to cancel an order if there's a change in the delivery location, with no entitlement to a refund. If delivery is attempted after a location change, we may charge an additional delivery fee.
You are responsible for providing accurate directions and authorizations for delivery. Failure to accept delivery or provide necessary instructions may result in the goods being deemed delivered, with no entitlement to a refund. Our liability ends upon successful delivery.
For payment, you may need to provide credit or debit card details to approved payment gateways. You agree to provide accurate card details and acknowledge sole responsibility for the security of this information. We disclaim liability for unauthorized use of your credit/debit card. Our services are provided during the working hours of the relevant Merchants.
5. Activities Prohibited On The Platform
The following is a partial list of prohibited conduct on the Platform. NetMart reserves the right to investigate and take legal action against individuals engaging in any prohibited activities. Prohibited activities include, but are not limited to:
Using the Platform for any purpose that violates laws or regulations.
Posting Content that infringes on intellectual property, privacy, publicity, trade secrets, or any other rights.
Posting Content depicting dangerous, life-threatening, or risky behavior.
Posting personal information, such as telephone numbers, street addresses, or last names.
Posting URLs to external websites or any form of HTML or programming code.
Posting spam or engaging in spam-like activities.
Impersonating another person.
Harvesting information about others without consent.
Allowing others to use your identification for posting or viewing comments.
Harassing, threatening, stalking, or abusing any person.
Engaging in conduct that restricts or inhibits others from using or enjoying the Platform.
Encouraging others to engage in any prohibited activities.
NetMart reserves the right to:
Investigate allegations of Content that violate the Terms of Use and remove such Content.
Remove abusive, illegal, disruptive, or non-compliant Content.
Terminate a user's access to the Platform for any breach of the Terms of Use.
Monitor, edit, or disclose any Content on the Platform.
Edit or delete any Content posted on the Platform, regardless of whether it violates the standards outlined.
6. Product Claims
NetMart Service and the End-User acknowledge that Apple or Google is not responsible for addressing any claims of the End-User or any third party relating to the licensed application, including, but not limited to:
Product liability claims.
Claims that the licensed Application fails to conform to any applicable legal or regulatory requirement.
Claims arising under consumer protection, privacy, or similar legislation, including in connection with your licensed application’s use of the NetMart Service.
You own the information you submit to us as part of your registration, including any data, text, pictures, and other materials that you upload, post, submit, store, send, receive, or share on the NetMart Platform or with us ("Your Content"). We do not claim any intellectual property rights of Your Content. Subject to our Privacy Policy, you grant us a non-exclusive, worldwide, transferable, perpetual, irrevocable right to use, distribute, reproduce, republish, install, transmit, modify, adapt, store, post, copy, display, communicate, and retain copies of Your Content in connection with the Service, marketing, advertising, and other purposes. You represent and warrant that your use of the NetMart Service or any portion thereof, Your Content, and the rights you grant us under this clause do not infringe the rights of any person or breach any contract or legal duty owed to any person.
Any third-party registered or unregistered intellectual property on the Platform ("Third Party Content") is owned and controlled by that third party, and we do not grant any license in respect of the Third Party Content. Your use of any Third Party Content is subject to these Terms and Conditions and any terms and conditions of the Third Party.
If we have an honest belief that Your Content or part of Your Content infringes our or a third party’s intellectual property rights, we shall give you notice of such infringement and remove that content.
7. Prices, VAT & Offers
Prices include VAT. By using our Service, you confirm that it is for personal, non-commercial use. NetMart may employ dynamic pricing, meaning that Item and delivery prices may change while you are browsing. Prices can change at any time at the Partner's discretion. We reserve the right to charge a Service Fee for our Services, which may change. You will be notified of any applicable Service Fee and taxes before purchase on the checkout page in our Application. No changes will affect existing confirmed orders unless there is an obvious pricing mistake. Changes to prices won't affect ongoing orders in your basket, provided you complete the order within 2 hours. If not, the items will be removed automatically, and the price change will apply. In the case of an obvious pricing mistake, you'll be notified, and you can confirm the order at the original price or cancel it without charge and receive a full refund of any money already paid.
If NetMart or a Partner provides delivery, a delivery fee may be charged, as notified during the order process. The total order price, including Items, Delivery, applicable Service Fees, and taxes, will be displayed on the checkout page in our Application. Payment can be made by credit or debit card, or other available methods, and is directly to NetMart as an agent on behalf of the Partner. Payment may also be made using Mobile Money or account credit, subject to NetMart's Account Credit Terms.
We are authorized by our Partners to accept payment on their behalf. Payment to us fulfills your obligation to pay the Partner. Cash payment to the Partner is possible in some cases, as indicated on our Application before placing the order. Special offers by Partners, visible in the Coupon menu, are at the Partner's discretion. Unless the offer terms specify a fixed or minimum period, it can be withdrawn at any time, unless you have already placed an order based on the offer and received the Confirmation Notice.
8. Legal Compliance
You confirm and guarantee that you are not situated in a country subject to a local government embargo or designated as a "terrorist supporting" country listed on any local government's prohibited or restricted parties list. Regarding the NetMart Platform and the Marketplace, NetMart serves solely as a provider of information society services and is not a party to the sales agreement or the Delivery Agreement. NetMart is not the manufacturer or seller of the Items or the provider of delivery services, and is not liable in any manner for the performance of the Sales Agreement or the Delivery Agreement.
9. Tips
When placing an order, you have the option to provide a tip to your rider or the Partner, in addition to the purchase price of the items in your order. NetMart will collect any tip payment using the payment method used for the original order, and your rider or Partner will receive 100% of the tip amount you choose to make.
10. Applicable to Merchants & Drivers
NetMart serves as the agent for Merchants in mediating Sales Agreements between Clients and Merchants, as well as for Drivers in mediating Delivery Agreements between Drivers and Clients. Authorized by each Merchant and Driver, NetMart receives payments from Clients on behalf of the respective principal and allocates the funds between the Merchant and the Driver. The Merchant is solely responsible for any defects in the quality and quantity of ordered items/food, and NetMart assumes no liability, including for allergic reactions or other health issues. Drivers are solely responsible for the performance of the Delivery Agreement, and NetMart assumes no liability thereof.
We provide a web and mobile app for Merchants to offer Products to customers in selected zones. NetMart does not take title or ownership of the Products or their inventory at any point in time during the provision of our services. Title to the Products remains with the Merchant until successful delivery to the customer or upon return to the Merchant.
Merchants must use the NetMart platform for lawful purposes, complying with all applicable laws in Ghana. Compliance with any changes in applicable laws is required. Products must correspond to uploaded images and information, and misleading advertisements are prohibited. Non-compliance may result in product return and liability to NetMart. Products must adhere to health and safety requirements, and NetMart reserves the right to reject items listed on the prohibited item list. Products must comply with laws, regulations, and NetMart's policies.
The sale of illegal, unsafe, or restricted products, including prescription-only items, is strictly prohibited. Merchants should review relevant guidance pages on the platform and seek legal advice on laws and regulations concerning their Products. The examples in the Terms are not exhaustive and are provided as informational guides.
Merchant and driver funds are automatically settled to your account within 2 working days (T+2). For instance, payments received on Monday will be settled on Wednesday. If no item refund is requested.
11. Payment
NetMart reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). Your credit card/payment information, with your consent, will be stored with our third-party payment service provider(s) for future orders. NetMart does not store your credit card or payment information. It is your responsibility to ensure sufficient funds on your credit and debit card to fulfill the payment of an order. NetMart takes responsibility for payments made on its platforms, including refunds, chargebacks, cancellations, and dispute resolution, provided they are reasonable and justifiable under these Terms.
The client must pay the delivery fee calculated by the NetMart Platform. The delivery fee is calculated based on factors such as distance (kilometers), means of delivery, and other criteria. The applicable delivery fees will be indicated to the client before confirming the order. The details of the calculation of the delivery fee may be adjusted from time to time by the NetMart Platform, considering market conditions, supply and availability of drivers on the Marketplace, and other factors related to the service.
12. Order Cancellation:
At NetMart, we understand that there may be circumstances where you need to cancel an order or service. This cancellation policy outlines the terms and conditions for canceling an order or service placed on our platform
If you wish to cancel a product order, please contact our customer support team at support@netmart-app.com as soon as possible.
Provide your order details, including the order number and a clear request for cancellation.
Our customer support team will review your request and process the cancellation if the order has not been shipped.
If the order has already been shipped, you may need to initiate a return process as outlined in our refund policy.
13. Cancellation Refunds:
If you cancel a service order before it has been rendered or completed, we will refund the full amount paid using the original payment method within 2 business days.
14. Non-Cancelable Items:
Some items or services may not be eligible for cancellation. These include:
Downloadable digital products, such as software, e-books, or music, once they have been downloaded or accessed.
Perishable goods, such as food, flowers, grocery items, medicine or personalized items.
Services that have already been rendered or completed.
15. Changes to the Cancellation Policy:
NetMart reserves the right to modify or update this cancellation policy at any time. Any changes will be effective immediately upon posting the revised policy on our website.
By placing an order or requesting a service on our platform, you acknowledge that you have read, understood, and agreed to this cancellation policy.
16. Cancellation by NetMart Service
NetMart reserves the right to cancel any order at any time due to the unavailability of foods/products, being out of the coverage area, or any other unavoidable circumstances. NetMart may suspend or terminate your NetMart account or cease providing you with access to any or all of its services under the following circumstances:
1. NetMart reasonably suspects that you have violated these terms or the instructions provided in its services.
2. You have demonstrated through your actions, statements, or otherwise that you do not intend to comply with these terms.
3. NetMart decides to end all or part of its services in the city where you are a resident or from where you access its services.
4. NetMart is required by Applicable Law to end all or part of its services due to changes in Applicable Law or court rulings or judgments that make the services or parts of them become or be considered unlawful.
17. Shipping Methods and Carriers:
We offer various shipping methods and work with reputable shipping carriers to ensure the efficient and secure delivery of your orders. The available shipping methods will be displayed during the checkout process.
The shipping carrier for your order will be determined based on factors such as the shipping destination, package weight, and shipping method selected.
18. Shipping Rates and Fees:
Shipping rates and fees may vary based on factors such as the selected shipping method, the destination of the shipment, and the weight of the package.
The applicable shipping charges will be displayed during the checkout process before customers complete their purchases. This transparency allows customers to review shipping costs before finalizing their orders.
NetMart may offer free shipping promotions for specific products or order values. Customers can expect to be informed about such promotions either on the website or during the checkout process.
Customers should review shipping information, including rates and any ongoing promotions, to make informed decisions regarding their purchases and shipping preferences.
19. Order Processing Time:
NetMart aims to provide efficient order processing and shipping services. Key details regarding order processing are as follows:
The estimated order processing time will be communicated on the product page or during the checkout process. This information helps customers understand the expected duration between order placement and shipment.
Order processing time does not include weekends, holidays, or any unexpected circumstances that might lead to delays. This exclusion ensures that customers are aware of factors that may impact the overall processing timeframe.
In the event of substantial delays, NetMart is committed to notifying customers promptly. This communication is designed to keep customers informed and manage expectations regarding the delivery timeline.
Customers are encouraged to review the processing time information associated with their orders and reach out to NetMart's customer support for any specific inquiries or assistance.
20. Shipment Tracking:
NetMart provides a streamlined process for order tracking and delivery confirmation. Here are the key steps and details:
Once your order has been shipped, NetMart will furnish you with a tracking number and a link to track your shipment online. This allows customers to monitor the progress of their delivery.
It's important to allow a reasonable amount of time for the tracking information to be updated by the shipping carrier after the shipment has been dispatched. This acknowledgment ensures that customers understand the timeframe for tracking information availability.
Your item will be delivered to the location you specified during the ordering process. Upon delivery, confirmation will be required from order details.
To confirm receipt on the NetMart platform, customers should provide the "Delivery Verification Code" from the order details to the driver or seller. This step ensures a secure and accurate confirmation process.
Customers are encouraged to utilize the provided tracking information, and in case of any concerns or questions, NetMart's customer support is available for assistance.
21. Shipment Delays or Issues:
NetMart recognizes that despite its efforts to adhere to estimated delivery timeframes, unforeseen circumstances or external factors beyond its control may lead to shipping delays or issues. These factors can encompass a range of possibilities, including but not limited to weather conditions, customs clearance procedures, or logistical disruptions.
In the event of a significant shipping delay or issue, NetMart is committed to maintaining open communication with customers. The company will make its best efforts to provide timely updates on the status of the shipment. This proactive approach ensures that customers remain informed and can better manage their expectations regarding the delivery of their orders.
22. Shipping Restrictions:
Some products may be subject to shipping restrictions or limitations based on factors such as their nature, size, or destination. These restrictions will be mentioned on the respective product pages.
23. Complaints
If the Client has any complaints regarding the ordered goods or the delivery, it is encouraged to inform NetMart through email or Live Chat as soon as possible, but no later than within 48 hours of the delivery. NetMart may request a photograph of the goods or other evidence related to the complaint. While NetMart is neither the manufacturer nor the Merchant of goods nor the provider of delivery services, it will attempt to facilitate an amicable solution and may provide a refund or balance if there is reasonable cause to believe the complaint is justified. Clients may also submit complaints directly to the Merchant or the Driver.
24. Amendments
NetMart reserves the right to change or modify these Terms (including our policies incorporated into these Terms) at any time by posting changes on the Platform. Users are strongly recommended to regularly read these Terms. Continued use of the Platforms following the date on which the amended Terms are posted will be deemed as agreement to the changes.
If you have any additional questions or would like to request a refund, feel free to chat with us.
