Terms & Conditions

info 1. Introduction

These Terms and Conditions ("Terms") govern the relationship between RefreshApp Ltd ("RefreshApp", "we", "us" or "our") and every customer, user, consumer or person ("Customer", "you" or "your") who accesses or uses the RefreshApp platform, website, mobile application or related services.

By registering for an account, accessing the RefreshApp platform, placing an order or otherwise using our services, you acknowledge that you have read, understood and agreed to be bound by these Terms.

storefront 2. About RefreshApp

RefreshApp is a technology-enabled platform that facilitates the ordering and delivery of food, meals, beverages, groceries and other products offered by participating merchants, restaurants and vendors ("Merchants").

Unless expressly stated otherwise, RefreshApp acts as a technology and marketplace intermediary connecting Customers with participating Merchants and, where applicable, delivery partners.

The contract for the supply of a particular product may therefore be between the Customer and the relevant Merchant, while RefreshApp facilitates the ordering, payment, communication and/or delivery process.

person 3. Eligibility

You must be legally capable of entering into a binding agreement to use RefreshApp.

Where applicable, Customers under the age of 18 may only use the platform with the involvement, supervision or authorisation of a parent or legal guardian.

You agree that all information supplied by you during registration and ordering is accurate, complete and current.

account_circle 4. Customer Account

Certain RefreshApp services may require you to create an account.

You are responsible for:

• maintaining the confidentiality of your account credentials;
• ensuring that your account information remains accurate;
• preventing unauthorised access to your account; and
• notifying RefreshApp promptly if you suspect that your account has been compromised.

You are responsible for activities conducted through your account unless you have promptly notified RefreshApp of unauthorised use.

RefreshApp reserves the right to suspend or terminate accounts involved in fraud, abuse, unlawful activity or violation of these Terms.

restaurant_menu 5. Products and Merchants

Products displayed on RefreshApp are supplied by independent Merchants.

Merchants are responsible for ensuring that:

• products listed on the platform are accurately described;
• products comply with applicable food safety and other relevant requirements;
• prices and availability are accurately represented;
• orders are properly prepared and packaged; and
• products supplied correspond substantially with the Customer's order.

RefreshApp will take reasonable steps to facilitate communication between Customers and Merchants but cannot guarantee the continuous availability, quality, taste, presentation or suitability of every product offered by an independent Merchant.

allergy 6. Product Information and Allergens

Customers are responsible for reviewing available product descriptions and informing the Merchant of relevant dietary requirements or allergies before placing an order.

Although RefreshApp may provide allergen or ingredient information supplied by Merchants, RefreshApp does not independently verify every ingredient or preparation process.

attach_money 7. Prices

The price payable for an order will generally consist of:

• the price of the selected products;
• applicable delivery charges;
• applicable service or platform charges;
• applicable taxes; and
• any other charge clearly communicated to the Customer before payment.

Prices may change from time to time. The applicable price is the price displayed at the time the Customer places the order, subject to correction of obvious pricing errors.

RefreshApp reserves the right to correct pricing or listing errors and, where necessary, cancel an affected order and refund any payment received.

shopping_cart 8. Placing an Order

When you place an order through RefreshApp, you are submitting a request to purchase the selected products.

Receipt of an order by RefreshApp does not necessarily constitute acceptance by the Merchant.

An order will be considered accepted when the relevant Merchant confirms or begins processing the order.

RefreshApp may reject or cancel an order where:

• the requested product is unavailable;
• the Merchant is unable to fulfil the order;
• the delivery address is outside the applicable service area;
• payment cannot be successfully processed;
• there is suspected fraud or unlawful activity;
• there is an obvious pricing or system error; or
• circumstances outside RefreshApp's reasonable control prevent fulfilment.

credit_card 9. Payment

Customers may be required to pay for orders through the payment methods made available on the RefreshApp platform.

Payment may be processed through third-party payment service providers.

By submitting payment information, you represent that you are authorised to use the applicable payment method.

RefreshApp does not ordinarily retain complete payment-card information where payment processing is performed by an authorised third-party payment processor.

delivery_dining 10. Delivery

Where delivery is offered, RefreshApp may arrange delivery through its own delivery personnel or independent third-party delivery partners.

Estimated delivery times are provided for guidance and are not guaranteed unless expressly stated otherwise.

Delivery may be delayed because of:

• traffic or road conditions;
• weather;
• security restrictions;
• unusually high order volumes;
• Merchant preparation delays;
• incorrect or incomplete Customer information;
• inability to contact the Customer; or
• other circumstances outside RefreshApp's reasonable control.

The Customer is responsible for providing an accurate delivery address and ensuring that someone is reasonably available to receive the order.

warning 11. Delivery Failure

Where a Customer provides an incorrect address, fails to provide access to the delivery location, is unavailable to receive the order, or otherwise prevents delivery, additional delivery charges may apply and the order may be cancelled.

Where an order cannot be delivered because of circumstances attributable to the Customer, the Customer may not automatically be entitled to a refund.

checklist 12. Inspection of Orders

Customers should inspect their orders promptly upon delivery.

If an order is:

• materially different from what was ordered;
• missing an item;
• substantially damaged; or
• otherwise defective,

the Customer should report the issue to RefreshApp as soon as reasonably practicable and, where possible, provide photographs or other supporting evidence.

cancel 13. Cancellation by Customer

A Customer may request cancellation of an order before the Merchant begins preparation or processing.

Once preparation has commenced, cancellation may not be possible and the Customer may remain responsible for the applicable cost.

Where cancellation is permitted, any refund will be processed in accordance with RefreshApp's applicable refund policy.

cancel_schedule_send 14. Cancellation by RefreshApp or Merchant

RefreshApp or the relevant Merchant may cancel an order where fulfilment is not reasonably possible.

Where an order is cancelled for reasons not attributable to the Customer, RefreshApp will take reasonable steps to refund amounts paid for the cancelled order.

payments 15. Refunds

Refunds will be considered in circumstances including:

• an order being cancelled by RefreshApp or the Merchant where payment has already been made;
• failure to deliver an order where the failure is not attributable to the Customer;
• material missing items;
• materially incorrect products; or
• other circumstances approved under RefreshApp's refund policy.

Refunds may be subject to verification.

Where a refund is approved, the method and timing of the refund may depend on the original payment method and the relevant payment service provider.

support_agent 16. Customer Complaints

Customers may submit complaints through the customer-support channels provided by RefreshApp.

A complaint should, where reasonably possible, include:

• the order number;
• date and time of the order;
• nature of the complaint;
• photographs or other evidence where relevant; and
• any other information reasonably required to investigate the complaint.

RefreshApp will review complaints fairly and may communicate with the Merchant or delivery partner to investigate the matter.

local_offer 17. Promotions, Discounts and Vouchers

RefreshApp may offer promotional codes, discounts, vouchers, loyalty benefits or other promotional campaigns.

Unless expressly stated otherwise:

• promotions cannot be exchanged for cash;
• promotional codes may be subject to expiry dates;
• promotions may be subject to minimum order values;
• only one promotional offer may apply to an order; and
• RefreshApp may withdraw or amend a promotion where permitted by applicable law.

Promotions may be subject to separate terms.

gavel 18. Customer Responsibilities

Customers agree to use RefreshApp responsibly and lawfully.

You must not:

• use RefreshApp for fraudulent or unlawful purposes;
• provide false information;
• create multiple accounts for abusive promotional purposes;
• interfere with the operation or security of the platform;
• attempt to gain unauthorised access to another user's account;
• abuse, threaten, harass or assault RefreshApp personnel, Merchants or delivery partners;
• submit deliberately false complaints;
• misuse refunds or promotional offers; or
• use the platform in a manner that may damage RefreshApp, its Merchants, delivery partners or other users.

rate_review 19. Reviews and Customer Content

Where RefreshApp allows Customers to submit ratings, reviews, photographs or other content, Customers must ensure that such content is truthful, relevant and not unlawful, defamatory, abusive, discriminatory or misleading.

By submitting content, you grant RefreshApp a non-exclusive right to use, reproduce, display and distribute that content for legitimate business and platform-related purposes, subject to applicable law.

RefreshApp may remove content that violates these Terms.

privacy_tip 20. Data Protection and Privacy

RefreshApp may collect and process Customer information necessary to provide its services, process orders, facilitate delivery, provide customer support, prevent fraud and comply with legal obligations.

RefreshApp will process personal data in accordance with applicable Nigerian data-protection requirements and its Privacy Policy.

Customers should review the RefreshApp Privacy Policy for further information concerning the collection, use, storage, sharing and protection of personal data.

sync 21. Third-Party Services

RefreshApp may integrate third-party services, including payment processors, mapping services, communication platforms and delivery services.

Where third-party services are used, their respective terms and policies may also apply.

RefreshApp is not responsible for failures arising solely from third-party systems that are outside RefreshApp's reasonable control.

copyright 22. Intellectual Property

All intellectual property rights relating to the RefreshApp platform, including its software, branding, logos, graphics, designs, text and other proprietary materials, belong to RefreshApp or its licensors unless otherwise stated.

Customers are granted a limited, non-exclusive, non-transferable right to access and use the platform for its intended purpose.

No Customer may reproduce, modify, distribute, reverse engineer, sell or commercially exploit RefreshApp's intellectual property without prior written authorisation.

shield 23. Limitation of Liability

To the maximum extent permitted by applicable law, RefreshApp shall not be responsible for indirect, incidental, special or consequential losses arising from the use of the platform or services.

Nothing in these Terms shall exclude or limit liability that cannot lawfully be excluded or limited under applicable law.

Where RefreshApp is responsible for a service failure, its liability shall be determined in accordance with applicable law and the circumstances of the particular claim.

event 24. Events Outside Our Control

RefreshApp shall not be liable for delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control.

Such circumstances may include natural disasters, severe weather, road closures, civil disturbances, security incidents, government restrictions, telecommunications failures, internet outages, power failures, industrial action or failures of third-party service providers.

block 25. Suspension or Termination

RefreshApp may suspend or terminate a Customer's access to the platform where the Customer:

• materially breaches these Terms;
• engages in fraudulent or unlawful activity;
• abuses the platform or its personnel;
• compromises platform security; or
• otherwise uses the service in a manner that creates significant risk to RefreshApp or other users.

Termination shall not affect rights or obligations accrued before termination.

update 26. Changes to These Terms

RefreshApp may update these Terms from time to time to reflect changes in its services, business practices, technology or applicable legal requirements.

Updated Terms will be made available through the platform.

Where required by applicable law, RefreshApp will provide appropriate notice of material changes.

gavel 27. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria.

Any dispute arising from or relating to these Terms should first be addressed through good-faith negotiation and the RefreshApp customer-support process.

Where a dispute cannot be resolved amicably, it may be referred to a court or other dispute-resolution mechanism having appropriate jurisdiction in Nigeria.

snippet_folder 28. Severability

If any provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision shall be modified or severed to the extent necessary, and the remaining provisions shall continue in full force and effect.

description 29. Entire Agreement

These Terms, together with the RefreshApp Privacy Policy, applicable refund policy, promotional terms and any other terms expressly incorporated by reference, constitute the agreement governing the Customer's use of the RefreshApp platform.

contact_support 30. Contact Information

For questions, complaints, refunds or other customer-service matters, please contact: