Terms of Use – for Users
1.1
Welcome to Local Eats! Local Eats is the proprietary
website/application of Local Eats Africa, and we offer an innovative online
marketplace dedicated to connecting you with affordable, culturally diverse meals.
1.2
Local Eats is provided to you by Local Eats Africa; an entity registered under the
Laws of the Federal Republic of Nigeria. These Terms of Use govern your use of our
service. As used in these Terms of Use, "Local Eats Service", "Our Service" or "the
Service" means the service provided on the Local Eats platform located at
https://localeats.africa/ (the “Website” or “Platform”), including all features and
functionalities, website, and user interfaces, as well as software associated with
the Service.
1.3
By using Local Eats, you are deemed to have read and agreed to the Terms of Use, as
may be reviewed from time to time and agree to be legally bound by these terms. The
following words used in this Terms of Use, Privacy Policy and any or all Agreements
shall have the following meaning: "User”, “Customer", "You" and "Your" refers to
you, the person using Local Eats and accepting this Terms of Use. "The Company",
"Ourselves", "We", “Local Eats”, and "Us" refer to Local Eats. "Party", "Parties"
refers to both the User and ourselves, or either the User or ourselves.
Please carefully review these terms and conditions of use before
using this site or accessing any data here. Any use of this website creates a
binding agreement to comply with these terms and conditions. If you do not
agree to these terms without limitation or exclusions, you must exit this site
immediately.
User Agreement
2.1
The following are terms of a legal agreement (the “Agreement”) between You,
individually, and Local Eats that sets forth the terms and conditions for your use
of this website at https://localeats.africa/, including any subdomain thereof (the
“Site”). The Site is owned and operated by Local Eats Africa.
2.2
This Site is being provided to you expressly subject to this Agreement. By
accessing, browsing and/or using the Site, you acknowledge that you have read,
understood, and agreed to be bound by the terms of this Agreement and to comply with
all applicable laws and regulations. The terms and conditions of this Agreement form
an essential basis of the bargain between you and Local Eats.
2.3
You understand that a breach of any of these terms of use may result in your rights
to use the services on the Platform being restricted, suspended or withdrawn
2.4
Local Eats reserves the right to amend this Agreement at any time and will notify
you of any such changes by posting the revised Agreement on the Site. You should
check this Agreement on the Site periodically for changes. All changes shall be
effective upon posting. Your continued use of the Site after any change to this
Agreement constitutes your agreement to be bound by any such changes. We may
terminate, suspend, change, or restrict access to all or any part of this Site
without notice or liability.
2.5
If you do not agree to these terms of use, please do not access this Platform or use
the services.
Our Services
3.1
This Platform allows Users to request, order or pick up food or grocery items from
your favourite nearby local restaurant, supermarket, and village market (“Vendors”)
(the “Services”).
3.2
The Platform will display a variety of Vendors from which You can choose to order
Your preferred meal and grocery items and have them picked up and delivered to You.
3.3
When You place an order, You warrant that You have provided accurate and correct
information, including Your contact telephone number and delivery address. By
submitting these details, You acknowledge and accept this Term of Use and our
Privacy Policy.
3.4
Local Eats is not affiliated with, nor does it maintain any partnership with, the
Vendors displayed on the Platform. When an order is placed and accepted by a Vendor
through the Platform, a separate contract of sale is formed directly between the You
and the Vendor. Local Eats acts solely as a facilitator and is not a party to this
contract. Our responsibilities are limited to:
- Purchasing or ordering food and grocery items on Your behalf, strictly in
accordance with Your instructions, and arranging for a hassle-free
delivery to You.
- Operating the Platform and providing the technical tools and
infrastructure necessary to enable seamless interactions between You and
the Vendors.
3.5
Local Eats does not have possession of any food or grocery items offered for sale.
3.6
Local Eats does not have control over and does not guarantee the existence, quality
and safety of food and grocery items as displayed on the Platform. We do not
guarantee the truth or accuracy of Vendors’ offers and the ability they have to
produce a meal or grocery item as described.
3.7
Local Eats does not give any undertaking that meals and grocery items ordered
through the Platform will be of satisfactory quality and this and any other such
warranties (whether express or implied) are disclaimed by us to the fullest extent
permitted by law.
3.8
The total price for food ordered, including the delivery charges and applicable
taxes (VAT), will be displayed on the Platform when You place your order. The User
shall make full payment towards such food ordered via any of the Local Eat preferred
payment platform as displayed or pay in cash to the delivery vendor (hereinafter
referred a “Rider”).
3.9
At the point of placing an order, You shall be charged a delivery fee for delivery
of the order by a Rider, and the fee must be added and paid along with the value of
the food. The delivery charges may vary from order to order, which may be determined
by multiple factors such as distance, order value, demand during peak hours, etc.
3.10
You acknowledge that any cancellation or attempted or purported cancellation of an
Order constitutes a breach of the unconditional and irrevocable authorization in
favor of Local Eats.
3.11
If you place an order that is processed and dispatched for delivery before it
becomes apparent that the order was made negligently or without due care, you shall
be liable to pay liquidated damages equal to the value of the order. You hereby
authorize Local Eats to recover the amount payable as liquidated damages by
deducting such amount from your next order payment or from your Wallet balance, as
applicable.
Accessing our Platform and the Services
4.1
We do not guarantee that our Platforms or any of the Services will always be
available, uninterrupted or fault-free. We will not be liable to any User of the
Platform if, for any reason, the Platform is unavailable at any time or for any
period.
4.2
We do not guarantee that our Platform or any content on it will be free from errors
or omissions.
4.3
You are responsible for making all arrangements necessary to have access to our
Platforms and for ensuring that all persons who access the Platform through your
User profile are aware of these terms of use and other applicable terms and
conditions and that they comply with them.
Membership and Registration
5.1
Our Services are available only to and may only be used by individuals who are 18
years and older and who can form legally binding contracts under applicable law. You
represent that you are at least 18 years old and that all registration information
you submit is accurate and truthful.
5.2
Users who fulfil the requirements above must create an account by clause 4.3 above.
5.3
To create an account, you must provide a full name, email address, telephone number,
and delivery address. A one-time password will be provided to the User upon signing
up. It is at this point that you are required to tick a box to confirm that to agree
with our terms of use and privacy policy.
5.4
You are solely responsible for keeping your login details confidential and must not
disclose or share them with anyone. You will be responsible for all activities and
orders that take place using your login information. In the event of theft, loss or
unauthorised use of a User’s password or account, you must contact us immediately at
hello@localeats.ng.
5.5
Once you create an account, you will be able to:
- Browse and search for Vendors or restaurants of your choice with intuitive
filters and personalized recommendations based on your preferences,
location and previous orders.
- View detailed menus with images, descriptions, prices, and customization
options to tailor your orders.
- Add meals or grocery items to your cart, modify quantities, and manage
your selections before checkout.
- Place orders securely using multiple payment options such as credit/debit
cards, digital wallets, or cash on delivery.
- Track your order in real time from preparation to delivery with
GPS-enabled updates for transparency and convenience.
- Save multiple delivery addresses in your profile for quick selection
during checkout.
- Schedule orders in advance for future delivery times to suit your
convenience.
- Rate and review Vendors, meals, and delivery experiences to help maintain
quality and inform other users.
- Access your order history for easy reordering of favorite meals or items.
- Receive push notifications about order status, promotions, discounts, and
app updates to stay informed and engaged.
- Communicate with customer support or directly with Vendors/Delivery riders
via in-app chat for assistance or special requests.
5.6
Where we have reason to suspect or believe that there has or is likely to be a
security breach or other misuse of our Platform, we reserve the right to require you
to change your password. Failure to do so may result in us suspending or deleting
your account.
5.7
As a User, you:
- represent and understand that all account information provided is
accurate, up-to-date, honest and not misleading;
- commit to updating your account information as and when it changes; and
- accept sole responsibility for any direct or indirect adverse consequences
caused by the inaccuracy of this information or failure to update this
information.
5.8
The information submitted to create or update an account constitutes proof of your
identity. We reserve the right to verify at any time the accuracy of the information
provided and to ask you for any additional documentation for identity verification.
5.9
You can decide at any time to terminate your account, in which case your details
will be deleted from the Platform.
Payment
6.1
All payments made on our Platform are processed by a third-party payment processor
which provides a gateway for online payments.
6.2
For Users to successfully make an order, payment for orders can be made in any of
the following ways:
- through a closed-loop electronic wallet feature on the Platform which you
top up via the available payment channels. You can only use the units or
value allotted to you on the wallet to purchase food through our
Platform; or
- You may also make payments through a debit card; or
- through bank transfers; or
- through QR codes; or
- any of the wallets provided on the Platform; or
- any other payment methods/channels our payment service partners may
provide from time to time.
6.3
The payment processor is solely responsible for all payment transactions consummated
on our Platform.
6.4
The sale prices of meals and grocery items are displayed in the offers. They are
given in Naira and include any applicable taxes.
6.5
The delivery fee can be accessed on the checkout page.
6.6
The total price is stated in the offer at checkout and is due for payment when the
order is placed.
6.7
You can change your Payment Method on our website. If a payment is not successfully
settled, due to expiration, insufficient funds, or otherwise, and you do not change
your Payment Method or cancel your account, we may suspend your access to the
service until we have obtained a valid Payment Method. You authorize us to continue
billing the Payment Method, as it may be updated, and you remain responsible for any
uncollected amounts. This may result in a change to your payment billing dates. For
certain Payment Methods, the provider of your Payment Method may charge you a
transaction fee or other charges. Check with your Payment Method service provider
for details.
6.8
No information about payment is shared with us as you supply all the payment-related
information to the designated Payment Processor. Local Eats may only exchange
information about your purchase with the Payment Processor in order to facilitate
completion or reversal of payments, resolution of disputes and provision of customer
support.
Refunds Policy
6.8
You shall be entitled to a refund only if pre-payment was made at the time of
placing an order on the Platform, and it turns out that:
- The order as packaged has been tampered with or damaged at the time of
delivery; such damage must be brought to the attention of the Rider
immediately, and a clear photograph or screenshot of the damage or
tampering must be taken and submitted along with a completed complaint
form online as the reason for rejection of delivery, rather than
acknowledging acceptance of delivery.
- You cancel the order due to:
- Failure by the Vendor or Platform to contact You by phone or
email at the
time of confirming the order booking; or
- Cancellation by You at the time of confirmation due to the
unavailability
of the items ordered.
- The order is not delivered within the estimated delivery time provided at
the time of order confirmation, and You have made reasonable attempts to
contact the Vendor or Platform to resolve the delay.
- The order delivered is materially different from what was ordered (e.g.,
wrong items or missing items), provided You notify the Platform or
Vendor within 1 hour of delivery with photographic evidence.
- Refunds shall not be granted for reasons related to personal taste
preferences, change of mind after acceptance of delivery, or
dissatisfaction unrelated to order accuracy or quality.
- The decision on refunds shall be at the sole discretion of Local Eats,
with each case treated on its individual merits.
- All refund amounts shall be credited to the customer’s original payment
method or account within 3-4 business days, subject to the processing
times stipulated by the issuing bank or payment provider.
- You must submit refund requests within 24 hours of delivery or attempted
delivery, failing which the right to a refund shall be deemed waived.
- In cases where You refuses delivery without valid cause as outlined above,
no refund shall be issued.
- The Platform and Vendor reserve the right to investigate any refund claims
to prevent fraudulent or abusive practices.
Agreed Service
8.1
By creating an account, you agree to be bound by these terms of payment.
8.2
Local Eats offers a simplified and efficient full-service procurement solution for
sourcing products from China for its users (“Agreed Service”);
8.3
We guarantee a professional and independent service and will exert every effort to
perform the Agreed Service with the utmost care, as can reasonably be expected.
8.4
We are entitled to engage third parties for the performance of the Agreed Service at
our discretion.
8.5
The performance of the Agreed Service is based on the information provided by the
User. If the information has to be changed, this may have consequences for any
established planning. We are never liable for adjusting the planning. If the
commencement, progress, or delivery of the Agreed Service is delayed because, for
example, the User has not supplied all the requested information or has not provided
it on time or in the desired format, does not provide sufficient cooperation, a
possible advance has not been received in time or other circumstances, which are at
the expense and risk of the user, there is a delay, We are entitled to a reasonable
extension of the delivery or completion period. All damage and additional costs as a
result of delay due to a cause as mentioned above are for the account and risk of
the User.
8.6
We reserve the right but are not obligated to limit the performance of the Agreed
Service to any person, geographic region or jurisdiction. We may exercise this right
on a case-by-case basis. All descriptions of products or product pricing are subject
to change at any time without notice. We reserve the right to discontinue any
product at any time. Any offer for any product or service made on this site is void
where prohibited.
8.7
We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations or that any errors
in the Service will be corrected.
8.8
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, set transaction limits. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders that use the
same billing and/or delivery address.
8.9
If we make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at the time the
order was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to have been placed by dealers, resellers, or distributors.
Wallet Service
9.1
Local Eats, through its designated Payment Processor, provides the following wallet
services:
- Processing In-Store and Online Payments made by Users.
- Authorisation of such payments.
- Settlement of such payments with the Merchant in the agreed Settlement
Currency.
- Processing refund funds when refund requests have been approved.
- Providing other related services and ongoing technical support in
connection with any of the above.
9.2
Local Eats does not operate as a bank, financial institution, or custodian of funds.
Accordingly, Local Eats does not directly hold, manage, or control any funds in Your
wallet. The Wallet Service enables You to prepay and manage funds for Your orders on
the Platform.
9.3
You are solely responsible for maintaining the security and confidentiality of Your
wallet credentials, including private keys and/or passwords. Any loss, theft, or
compromise of this information may result in unauthorized access to Your wallet and
loss of funds. Local Eats disclaims all liability for any such losses.
9.4
Local Eats shall not be liable for any losses, damages, claims, or expenses incurred
by You arising from Your use of the Wallet Services, including but not limited to
losses resulting from technical failures, hacking, fraud, errors, or loss of
credentials.
9.5
You agree to indemnify, defend, and hold harmless Local Eats, its affiliates,
officers, directors, employees, and agents from any claims, damages, losses,
liabilities, and expenses arising out of or related to Your use of the Wallet
Services or any breach of this Agreement by You.
9.6
Local Eats reserves the right to suspend or terminate Wallet Services to You at any
time for security reasons, suspected fraudulent activity, or regulatory compliance,
with reasonable prior notice where practicable.
9.7
You acknowledge that settlement times for payments and refunds may vary depending on
the Payment Processor, banking partners, and regulatory requirements, and Local Eats
shall not be held responsible for delays beyond its control.
9.8
You agree to promptly notify Local Eats of any unauthorized transactions or security
breaches related to Your wallet to enable timely investigation and mitigation.
Limitations of Use
10.1
The copyright in all material on this Site, including without limitation the text,
data, articles, design, source code, software, photos, images and other information
(collectively the “Content”), is held by Local Eats and is protected by Nigerian law
and international copyright laws or treaties. You agree that the Content may not be
copied, reproduced, distributed, republished, displayed, posted or transmitted in
any form or by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the express prior written consent of
Local Eats. You acknowledge that the Content is and shall remain the property of
Local Eats. You may not modify, participate in the sale or transfer of, or create
derivative works based on any Content, in whole or in part. The use of the Content
on any other website, including by linking or framing, or in any networked computer
environment for any purpose, is prohibited without Local Eats’ prior written
approval.
10.2
All data obtained from or provided by Local Eats, regardless of the method of
delivery, is explicitly prohibited from publication and distribution. Moreover, you
agree not to use data provided by Local Eats, regardless of the method of delivery,
for any competing purposes, and you agree to only use such data to permit investment
using the products or services of Local Eats.
10.3
You also may not, without Local Eats’ express written permission, “mirror” any
material contained on this Site on any other server. Any unauthorized use of any
Content on this Site may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications statutes and regulations.
10.4
You agree to use the Content and Site only for lawful purposes. You are prohibited
from any use of the Content or Site that would constitute a violation of any
applicable law, regulation or rule of any nationality, state, or of any
international law or treaty, or that could give rise to any civil or criminal
liability. Any unauthorized use of the Site, including but not limited to
unauthorized entry into Local Eats’ systems, misuse of passwords, or misuse of any
information posted on the Site is strictly prohibited. Local Eats makes no claims
concerning whether the Content may be downloaded or is appropriate for use outside
of Nigeria. If you access this Site from outside of Nigeria, you are solely
responsible for ensuring compliance with the laws of your specific jurisdiction.
Your eligibility for particular products or services is subject to final
determination by Local Eats.
10.5
You must be 18 years of age or the age of majority in your territory or country to
use the Local Eats service. Local Eats would normally advise you where age
restriction applies.
10.6
You agree not to post, upload, publish, display, transmit, share, store or otherwise
make or attempt to make publicly available on the Site or any other website, or in
any email, blog, forum, medium or other communication of any kind, any private or
personally identifiable information of any Local Eats member or other third party,
including, without limitation, names, addresses, phone numbers, email addresses,
driver’s license numbers, or bank account or credit card numbers, whether or not
such private or personally identifiable information is displayed on or ascertainable
from the Site, or obtained or obtainable from sources unrelated to the Site (such as
from a “Google® search” or other online research).
Promotional Codes and/or Other Offers or Discounts
11.1
Local Eats may unilaterally provide at any time credits for use of its Services,
discounts, free delivery, as well as any other promotion, to certain Users
(hereinafter, the “Discounts and/or Promotions”). Any of these discounts and
promotions may unilaterally be cancelled at any time by Local Eats.
11.2
The User acknowledges and accepts that any Discounts or Promotions granted must be
used only within the validity period established by Local Eats for each Discount
and/or Promotion. If no validity period is specified by Local Eats at the moment of
communicating and/or granting such a Discount or Promotion, the validity period
applicable by default will be four (4) weeks from the date on which they were made
available to the User. Any other validity period set by Local Eats at the moment of
communicating or granting the said Discount and/or Promotion will prevail over the
four (4) weeks default validity period stated above.
11.3
Similarly, the User acknowledges and accepts that any Discounts and/or Promotions
granted may apply only to certain products and/or services offered through the Local
Eats Platform or only under specific circumstances and conditions (e.g. first order,
order within a territory, order at a specific time of the day, order of a certain
type, Small Order Surcharge, etc).
11.3
Similarly, the User acknowledges and accepts that any Discounts and/or Promotions
granted may apply only to certain products and/or services offered through the Local
Eats Platform or only under specific circumstances and conditions (e.g. first order,
order within a territory, order at a specific time of the day, order of a certain
type, Small Order Surcharge, etc).
11.4
Discount and/or Promotions codes granted to Users must be correctly entered in the
App by the User before placing the order. Otherwise, they will not take effect and
the User will be unable to enjoy them. The User is responsible for making sure that
the Discount and/or Promotion code is applicable for the specific products or
services requested through the APP and that the Discount or Promotion is still valid
and fully effective.
11.5
The User acknowledges that Discounts and/or Promotions may experience a delay in its
application from the moment in which these are communicated and/or granted to the
User.
11.6
The User acknowledges and accepts that some Discounts and/or Promotions are valid
only once or a specific number of times per User and, therefore, may be restricted
based on various characteristics such as device, credit/debit card, email address,
phone number or user ID, save expressly provided otherwise by Local Eats about the
specific Discount and/or Promotion.
11.7
In any case, Local Eats reserves the right to unilaterally cancel and withdraw any
Discount and Promotion either offered or already granted if it becomes aware of a
fraudulent use thereof (such as, among others, a promotional code being redeemed by
someone who is not its legitimate recipient, the mass communication of codes or the
sale of codes or discounts). Furthermore, it reserves the right to apply sanctions
to Users for the amount for which Local Eats has been defrauded as well as for the
suspension and/or cancellation of the User’s Local Eats account.
11.8
Local Eats will accept no liability if, due to an event of force majeure or other
events beyond its control or whose need is justified, it is forced to cancel,
shorten, extend or amend the conditions of Discounts and Promotions. In particular,
Local Eats will accept no liability if the website is not available at any time
during Discounts and Promotions or for a malfunction in the automated promotion
system.
Trademarks
Local Eats (including the Local Eats logo), https://localeats.africa/, and all
related logos (collectively the “Local Eats Trademarks”) are trademarks or service
marks of Local Eats. Other company, product, and service names and logos used and
displayed on this Site may be trademarks or service marks owned by Local Eats or
others. Nothing on this Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any of the Local Eats Trademarks
displayed on this Site without our prior written permission in each instance. You
may not use, copy, display, distribute, modify or reproduce any of the trademarks
found on the Site unless in accordance with written authorization by Local Eats.
Local Eats prohibits the use of any of the Local Eats Trademarks as part of a link
to or from any site unless the establishment of such a link is approved in writing
by Local Eats in advance. Any questions concerning any Local Eats Trademarks or
whether any mark or logo is a Local Eats Trademark should be referred to Local Eats.
Third-Party Applications and Sites
12.1
This site may contain links to websites controlled, owned, and operated by third
parties (the “third-party sites”). Local Eats cannot control and has no
responsibility for the accuracy or availability of information provided on
third-party sites.
12.2
You acknowledge that the use of any third-party sites is governed by the terms of
use for those websites and not by this Agreement.
12.3
Links to third-party sites do not constitute an endorsement or recommendation by
Local Eats of such sites or the content, products, advertising or other materials
presented on such sites but are only for your convenience, and you access them at
your own risk. Such third-party sites may have a privacy policy different from that
of Local Eats, and the third-party site may provide less security than this Site.
Local Eats is not responsible for the content of any third-party web sites, nor does
not make any warranties or representations, express or implied, regarding the
content (or the accuracy of such content) on any third-party web sites, and Local
Eats shall have no liability of any nature whatsoever for any failure of products or
services offered or advertised at such sites or otherwise.
Electronic Communication
13.1
Whether you choose to participate on the Site as a borrower or in any other manner,
from time to time you will receive disclosures, notices, documents and information
(“Communications”) as required by law from Local Eats or our respective agents
(collectively, “we” or “us”). This section informs you of your rights when receiving
Communications from us electronically. You are advised to take note of the
following:
-
Electronic Communications. You agree that all Communications
from Local
Eats and our respective agents relating to your use of the Site or
related services may be provided or made available to you electronically
by e-mail or at the Site. You have the right to receive a free paper
copy of any Communication by contacting us in the manner described
below. We may discontinue electronic provision of Communications at any
time at our sole discretion.
-
Scope of Consent. Your consent to receive Communications and do
business
electronically, and our agreement to do so, applies to all of your
interactions and transactions to which such Communications relate,
whether between you and Local Eats or any of its Agents.
-
Hardware and Software Requirements. To access and retain the
Communications electronically, you will need to use a device with an
internet connection and an up-to-date browser capable of opening
portable document formats (“PDF”) and a valid email address that has
been provided to Local Eats. You acknowledge that you can receive and
access communications in the formats described herein.
-
Mobile Technology. If you are accessing our platform
electronically
through a mobile device, such as a tablet, smartphone or similar device,
you must be able to print and save the transmitted Communications. You
can find apps that support printing and saving for most mobile devices
through your mobile device’s app store. If your mobile device does not
have this functionality, you must access our website through alternate
means that provide you with the ability to print and save the
Communications.
-
Withdrawing Consent. You may withdraw your consent to receive
Communications electronically by contacting us in the manner described
in this Agreement. The withdrawal of your consent will not affect the
legal validity and enforceability of any pending transactions through
the Local Eats platform or any electronic Communications provided or
business transacted between us before the time you withdraw your
consent.
-
Assignment. In addition, you further acknowledge that your
consent to
have all Communications provided or made available to you in electronic
form and to do business on or through the Local Eats platform is
assignable to any entity that succeeds Local Eats Africa.
-
Changes in Your Contact Information. You agree to keep us
informed of
any changes in the telephone number, email and mailing address you
provide to us so that you continue to receive all Communications without
interruption. You can contact us by email at hello@localeats.ng.
Disclaimer of Warranties
14.1
None of Local Eats, its parent, any of its affiliates, providers or their respective
officers, directors, employees, agents, independent contractors or licensors
(collectively the “Local Eats Parties”) guarantees the accuracy, adequacy,
timeliness, reliability, completeness, or usefulness of any of the Content and the
Local Eats Parties disclaim liability for errors or omissions in the Content.
14.2
This Site and all of the Content is provided “as is” and “as available,” without any
warranty, either express or implied, including the implied warranties of
merchantability, fitness for a particular purpose, non-infringement or title.
Additionally, there are no warranties as to the results of your use of the Content.
Local Eats Parties do not warrant that the Site is free of viruses or other harmful
components. This does not affect those warranties which are incapable of exclusion,
restriction or modification under the laws applicable to this Agreement.
14.3
Local Eats may discontinue or make changes in the Content and Site at any time
without prior notice to you and without any liability to you. Any dated information
is published as of its date only, and Local Eats do not undertake any obligation or
responsibility to update or amend any such information. Local Eats reserves the
right to terminate any or all Site offerings or transmissions without prior notice
to you. This Site could contain technical inaccuracies or typographical errors. Use
of this Site is at your own risk.
Limitation of Liability and Indemnification
15.1
Under no circumstances will the Local Eats be liable for any damages including
general, special, direct, indirect, incidental, consequential, punitive or any other
damages (including, without limitation, lost profits or business interruption) of
any kind whether in an action in contract or negligence arising or relating in any
way to the use or inability to use by any party of the content, the Site or any
third-party site to which this Site is linked, or in connection with any failure of
performance, error, omission, interruption, defect, delay in operation or
transmission, computer virus or line or system failure, even if Local Eats, or its
representatives, are advised of the possibility of such damages, losses or expenses.
Local Eats is not liable for any defamatory, offensive or illegal conduct of any
user. Your sole remedy for dissatisfaction with this Site is to stop using the Site.
If your use of materials from this Site results in the need for servicing, repair or
correction of equipment or data, you assume any costs thereof. If the foregoing
limitation is found to be invalid, you agree that Local Eats’ total liability for
all damages, losses, or causes of action of any kind or nature shall be limited to
any amount paid on account of subscription for the Local Eats Service.
15.2
You agree to indemnify and hold harmless Local Eats Parties from and against any and
all claims, losses, expenses, demands or liabilities, including attorneys’ fees and
costs, incurred by the Local Eats Parties in connection with any claim by a third
party (including any intellectual property claim) arising out of (i) materials and
content you submit to, post to or transmit through the Site, or (ii) your use of the
Site in violation of this Agreement or violation of any applicable law. You further
agree that you will cooperate fully in the defense of any such claims.
15.3
Local Eats reserves the right, at their own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and you shall
not, in any event, settle any such claim or matter without the written consent of
Local Eats. You further agree to indemnify and hold harmless Local Eats Parties from
any claim arising from a third party’s use of information or materials of any kind
that you post to the Site.
Site Monitoring
Local Eats has no obligation to monitor the Site; however, you acknowledge and agree
that Local Eats has the right to monitor the Site electronically from time to time
and to disclose any information as necessary or appropriate to satisfy any law,
regulation or other governmental request, to operate the Site, present marketing or
other promotional offers to you either on the Site or on a third party site, or to
protect itself or other users of the Site.
Site Monitoring
Local Eats has no obligation to monitor the Site; however, you acknowledge and agree
that Local Eats has the right to monitor the Site electronically from time to time
and to disclose any information as necessary or appropriate to satisfy any law,
regulation or other governmental request, to operate the Site, present marketing or
other promotional offers to you either on the Site or on a third party site, or to
protect itself or other users of the Site.
Use of Personally Identifiable Information
Local Eats’ practices and policies with respect to the collection and use of
personally identifiable information are governed by Local Eats’s Privacy Policy.
Passwords & Account Access
18.1
The member who created the Local Eats account and whose Payment Method is charged
(the "Account Owner") has access and control over their Local Eats account. To
maintain control over the account and to prevent anyone from accessing the account
(which would include information on viewing history for the account), the Account
Owner should not reveal the password or any means of access to the Local Eats
Service and Payment Method associated with the account to anyone. You are
responsible for updating and maintaining the accuracy of the information you provide
to us relating to your account.
18.2
You should be mindful of any communication requesting that you submit credit card or
other account information. Providing your information in response to these types of
communications can result in identity theft. Always access your sensitive account
information by going directly to the Local Eats website and not through a hyperlink
in an email or any other electronic communication, even if it looks official. We can
terminate your account or place your account on hold to protect you, Local Eats or
our partners from identity theft or other fraudulent activity.
Termination
19.1
This Agreement is effective until terminated by Local Eats. Local Eats may terminate
this Agreement at any time without notice or suspend or terminate your access and
use of the Site at any time, with or without cause, in Local Eats’s absolute
discretion and without notice.
19.2
The following provisions of this Agreement shall survive termination of your use or
access to the Site: the sections concerning Indemnification, Disclaimer of
Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution,
and General Provisions, and any other provision that by its terms survives
termination of your use or access to the Site.
Waiver
Failure by Local Eats to enforce any of its rights under this Agreement shall not be
construed as a waiver of those rights or any other rights in any way whatsoever.
Additional Terms
Certain sections or pages on the Site may contain separate terms and conditions of
use, which are in addition to the terms and conditions of this Agreement. In the
event of a conflict, the additional terms and conditions will govern those sections
or pages.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the
remaining provisions shall be enforced to the fullest extent possible, and the
remaining provisions of the Agreement shall remain in full force and effect.
Severability
If any provision of this Agreement is found to be invalid or unenforceable, the
remaining provisions shall be enforced to the fullest extent possible, and the
remaining provisions of the Agreement shall remain in full force and effect.
General Provisions
This Agreement supersedes any previous Terms of Use Agreement to which you and Local
Eats may have been bound. This Agreement will be binding on, inure to the benefit
of, and be enforceable against the parties and their respective successors and
assigns. Neither the course of conduct between parties nor trade practice shall act
to modify any provision of the Agreement. All rights not expressly granted herein
are hereby reserved. Headings are for reference purposes only and in no way define,
limit, construe, or describe the scope or extent of such section.
Force Majeure
24.1
Local Eats shall not be liable to the other for any failure to perform any
obligation under this Terms which is due to an event beyond the control of such
party including but not limited to any Act of God, terrorism, war, political or
religious insurgence, insurrection, riot, civil unrest, act of civil or military
authority, uprising, earthquake, flood or any other natural or man-made eventuality
outside of our control, which causes the termination of an agreement or contract
entered into, nor which could have been reasonably foreseen.
Applicable Law and Dispute Resolution
IMPORTANT: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS PROVISION
CAREFULLY AND
UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
YOU ALSO UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN
THE PARAGRAPHS BELOW.
25.1
In this Arbitration Section, “Claim” means any dispute, claim, or controversy of any
kind (whether based on contract, tort, intentional tort, statute, ordinance,
constitution, common law, or equity), whether pre-existing, present, or future, and
whether seeking monetary, injunctive, declaratory, or any other relief, arising out
of or relating to this Agreement or the relationship between you and us. This
includes claims arising before or after the date of this Agreement, claims currently
involved in purported class action litigation in which you are not a member of a
certified class, counterclaims, cross-claims, third-party claims, and disputes
regarding the validity or enforceability of this Agreement or this Arbitration
Section.
25.2
Any Claim shall be resolved by binding arbitration administered by the Lagos
Multidoor Courthouse under the Arbitration and Conciliation Act, Laws of the
Federation of Nigeria 2004, at the election of either party. Arbitration will be
conducted on an individual basis only.
25.3
Claims will be heard by a Sole Arbitrator mutually appointed by the parties. If the
parties cannot agree on an arbitrator within ten (10) business days, either party
may request the Lagos Multidoor Courthouse to appoint the Sole Arbitrator.
Arbitration proceedings shall be conducted in English, and the seat of arbitration
shall be Lagos, Lagos State, Nigeria.
25.4
YOU AND WE AGREE THAT NEITHER PARTY MAY BRING CLAIMS AS A CLASS MEMBER OR IN A
REPRESENTATIVE CAPACITY IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless
both parties agree otherwise in writing, the Arbitrator shall have no authority to
consolidate claims or to conduct any class or representative arbitration. The
enforceability and interpretation of this paragraph shall be determined exclusively
by a court, not the Arbitrator.
25.5
If any part of this Arbitration Section (except paragraph (f)) is found invalid or
unenforceable, the remainder shall remain in effect. However, if paragraph (f) is
found invalid or unenforceable in whole or in part, this entire Arbitration Section
shall be void. In case of any conflict between this Arbitration Section and the
Arbitration Rules, this Section shall prevail.
25.6
BY ENTERING INTO THIS AGREEMENT, YOU AND WE WAIVE THE RIGHT TO LITIGATE CLAIMS IN
COURT AND TO PARTICIPATE IN CLASS ACTIONS.
25.7
If a dispute does not proceed to arbitration, this Agreement and your use of the
Site shall be governed by and construed in accordance with the laws of Nigeria.
25.8
You agree to provide Local Eats with prior written notice of any intention to
initiate judicial, quasi-judicial, or regulatory proceedings. If Local Eats does not
provide a satisfactory remedy, you must commence any such action within one (1)
month after giving notice. Any cause of action related to the services must be
initiated within one (1) month after it accrues; otherwise, it is permanently
barred.
Contacting Us
26.1
To find more information about our service and its features or if you need
assistance with your account, please visit the Local Eats Help Centre on our website
or contact us by e-mail at hello@localeats.ng.
26.2
In certain instances, Customer Service may best be able to assist you by using a
remote access support tool through which we have full access to your computer. If
you do not want us to have this access, you should not consent to support through
the remote access tool, and we will assist you through other means. In the event of
any conflict between these Terms of Use and information provided by Customer Support
or other portions of our website, these Terms of Use will control.