General Terms and Conditions of Use of the Website for Buyers
1. Introduction
Amo Farm Sieberer Hatchery Limited ("DOC Express" or "we") operates an e-commerce platform consisting of a website, together with supporting logistics and payment infrastructure, for the sale and purchase of Day-Old-Chick in Nigeria ("territory").
These general terms and conditions shall apply to buyers on the website and shall govern your use of the website and related services.
By using our website, you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions, you must not use our website.
If you use our website in the course of a business or other organizational project, then by so doing you:
confirm that you have obtained the necessary authority to agree to these general terms and conditions;
bind both yourself and the person, company, or other legal entity that operates that business or organizational project, to these general terms and conditions; and
agree that "you" in these general terms and conditions shall reference both the individual user and the relevant person, company, or legal entity unless the context requires otherwise.
DOC Express reserves the right at any time and in its sole discretion to modify, refuse (to anyone for any reason) or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without any notice. You agree that DOC Express shall not be liable to you or any third party for any claim or loss related to you and arising out of such modification, suspension, or discontinuance of the Service.
2. Acceptance
Your access to and use of the Website and signifies that you have read, understand, and agree to be bound by these Terms, whether you are or are not a registered user of DOC Express, and is subject to your compliance with these Terms. DOC Express reserves the right to change, add, or delete any portions of these Terms from time to time, without liability or any notice to you, and your continued use of the Website constitutes your acceptance of and agreement with any and all such changes. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms and to review such changes. If you do not agree to abide by these or any future Terms, please do not access or use (or continue to access or use) the Website. In addition, DOC Express may post additional terms, conditions, rules, or requirements related to the Website and/or the services and features of either. All such terms, conditions, rules, or requirements are or will be incorporated by reference into these Terms and you agree to be bound by and subject to them. At its sole discretion,
DOC Express also may offer other services or features governed by different terms & conditions.
3. Registration and account
1. You may not register with our marketplace if you are under 18 years of age (by using our website or agreeing to these general terms and conditions, you warrant and represent to us that you are at least 18 years of age).
2. You may register for an account with our website by completing and submitting the registration form on our website.
3. You represent and warrant that all information provided in the registration form is complete and accurate.
4. If you register for an account with our website, you will be asked to provide a user ID and password and you agree to:
keep your password confidential;
notify us in writing immediately if you become aware of any disclosure of your password; and
be responsible for any activity on our website arising out of any failure to keep your password confidential, and that you may be held liable for any losses arising out of such a failure.
5. Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
6. We may suspend or cancel your account, and/or edit your account details, at any time in our sole discretion and without notice or explanation, providing that if we cancel any products or services you have paid for but not received, and you have not breached these general terms and conditions, we will refund you in respect of the same.
7. You may cancel your account on our website by contacting us.
4. Terms and conditions of sale
1. You acknowledge and agree that:
the website provides an online location for DOC Express to sell to buyers and buyers to purchase DOCs;
a contract for the sale and purchase of a DOC will come into force between the buyer and seller, and accordingly, you commit to buying the relevant DOC, upon the buyer’s confirmation of the purchase via the website.
2. Subject to these general terms and conditions, the DOC Express terms of business shall govern the contract for sale and purchase between the buyer and DOC Express. Notwithstanding this, the following provisions will be incorporated into the contract of sale and purchase between the buyer and DOC Express:
the price for a product will be as stated in the relevant product listing;
the price for the product exclusive of all taxes and comply with applicable laws in force from time to time;
delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs, and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
5. User Communication
DOC Express has the right, but not the obligation, to monitor, decline, edit or remove all or a portion of any postings, submissions, or content at DOC Express's sole discretion. By using the Website, or the Service or communicating with DOC Express or others by means of your access to the website, you consent to receive communications from DOC Express, including but not limited to, emails, text or messages in social networks, and other online, mobile, or conventional methods as exist now or may exist in the future. You also agree not to misuse the communication tools available to you by means of your access to the Website or App, including but not limited to, spamming, spoofing, sending unsolicited commercial or other messages, and otherwise sending content that violates these Terms.
6. Payments
You must make payments due under these general terms and conditions in accordance with the Payments Information and Guidelines on the website.
7. Rules about your content
1. In these general terms and conditions, "your content" means:
all communications on the website, including product reviews, feedback, and comments.
2. Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete, and truthful.
3. Your content must be appropriate, civil, and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
be offensive, obscene, indecent, pornographic, lewd, suggestive, or sexually explicit;
depict violence in an explicit, graphic, or gratuitous manner; or
be blasphemous, in breach of racial or religious hatred or discrimination legislation;
be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory, or inflammatory;
cause annoyance, inconvenience, or needless anxiety to any person; or
constitute spam.
4. Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:
any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property rights;
any right of confidence, right of privacy, or right under data protection legislation;
any contractual obligation owed to any person; or
any court order
5. You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these general terms and conditions
6. You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
7.The review function on the website may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic, or fake reviews.
8.We may periodically review your content and we reserve the right to remove any content at our discretion for any reason whatsoever.
9.If you learn of any unlawful material or activity on our website or any material or activity that breaches these general terms and conditions, you may inform us by contacting us.
8. Termination
DOC Express shall have the right to terminate your use of the website, and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these Terms, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations. Following any such termination, DOC Express shall have no further obligations, responsibilities, or liabilities to you or any third party. Notwithstanding anything to the contrary contained herein, in the event that DOC Express terminates your use rights, DOC Express shall in no way be precluded from pursuing any and all of its additional rights and remedies, either at law or in equity, for any claims, damages, awards, costs and/or liabilities occasioned by any such breach or violation.
9. Use of website
1. You may:
view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
stream audio and video files from our website using the media player on our website; and
use our website services by means of a web browser,
subject to the other provisions of these general terms and conditions.
2. Except as expressly permitted or the other provisions of these general terms and conditions, you must not download any material from our website or save any such material to your computer.
3. You may only use our website for your personal and business purposes in respect of purchasing DOC on the website.
4. Except as expressly permitted by these general terms and conditions, you must not edit or otherwise modify any material on our website.
5.Unless you own or control the relevant rights in the material, you must not:
republish material from our website (including republication on another website);
sell, rent, or sub-license material from our website;
show any material from our website in public;
exploit material from our website for a commercial purpose; or
redistribute material from our website.
6. Notwithstanding the section, you may forward links to products on our website and redistribute our newsletter and promotional materials in print and electronic form to any person.
7. We reserve the right to suspend or restrict access to our website, to areas of our website, and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
8. You must not:
use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity, or security of the website;
use our website in any way that is unethical, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
hack or otherwise tamper with our website;
probe, scan, or test the vulnerability of our website without our permission;
circumvent any authentication or security systems or processes on or relating to our website;
use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;
impose an unreasonably large load on our website resources (including bandwidth, storage capacity, and processing capacity);
decrypt or decipher any communications sent by or to our website without our permission;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent;
access or otherwise interact with our website using any robot, spider, or other automated means, except for search engine indexing;
use our website except by means of our public interfaces;
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or
do anything that interferes with the normal use of our website.
10. Refund terms
1. Customers shall be eligible for a refund after:
Order cancellation: The buyer cancels an order on the website, however, the cancellation of the order must be made not later than three days (72 hours) before the date agreed for the delivery of the DOC to the buyer. In the instance that the buyer fails to cancel the order before the specified deadline, DOC Express shall presume that the buyer has accepted the terms and conditions for purchase and delivery, and as such, the buyer is bound to accept the DOC on the date of delivery
Whereupon delivery there is a dead-on-arrival rate above 1%; refunds shall be based on the excess over the stipulated percentage.
Whereupon delivery there is a case of missing birds.
2. All deliveries must be checked at the point of collection for quality and completeness, any complaint must be registered at the collection center in presence of the transporter. Any complaints afterward will not be entertained.
3. Where on the date of delivery of the DOC the buyer is not available on the address stated for delivery of the DOC, the logistics service provider shall drop the DOC at the address of the buyer. In such a situation, the buyer shall NOT be entitled to a refund, for his unavailability at the time of the delivery of the DOC.
11. Refund Policy
1. Acceptance of refund requests by buyers shall be managed by DOC Express in accordance with the refunds policy on the website, as may be amended from time to time. Acceptance of such request shall be at our discretion, subject to compliance with applicable laws of the territory.
2. Upon delivery, you must observe the following:
i. If possible, go to receive your birds with a phone for taking pictures or videos. Before you leave the collection point, you must make sure you count and check your birds in the presence of the driver or the handler.
ii. Make sure the driver or the handler bears witness to any incident and fill the complaint form before taking your birds away.
iii. Call us immediately to lodge a complaint about the missing or dead birds while still with the driver or handler. If possible, take photos or make a short video of the incident and send it to us. This will make your claim easier.
iv. Should you follow the procedure as stated above, and we are satisfied with your claim, we will refund you for any loss within 72 hours.
3. We offer refunds by way of:
i. Wallet top-up
ii. Coupon code
iii. Vouchers; and
iv. Such other method as we may determine from time to time.
4. Changes to our refunds policy shall be effective in respect of all purchases made from the date of publication of the change on our website.
12. Copyright and trademarks
1. Subject to the express provisions of these general terms and conditions:
Amo Farm Sieberer Hatchery, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
all the copyright and other intellectual property rights on our website and the material on our website are reserved.
2. DOC Express logos and our other registered and unregistered trademarks are trademarks belonging to us; we do not permit the use of these trademarks, and such use may constitute an infringement of our rights.
13. Data Privacy
1. Buyers agree to the processing of their personal data in accordance with the terms of DOC Express Privacy and Cookie Notice
2. DOC Express shall process all personal data obtained through the website and related services in accordance with the terms of our Privacy and Cookie Notice and Privacy Policy.
14. Due diligence and audit rights
1. We operate an anti-money laundering compliance program and reserve the right to perform due diligence checks on all users of the website.
15. DOC Express's role as a website.
1. You acknowledge that:
we do not confirm the identity of all website users, check their creditworthiness or bona fides, or otherwise vet them;
2. We do not warrant or represent:
the completeness or accuracy of the information published on our website;
that the material on the website is up to date;
that the website will operate without fault; or
that the website or any service on the website will remain available.
3. We reserve the right to discontinue or alter any or all of our website services and to stop publishing our website, at any time at our sole discretion without notice or explanation.
4. We do not guarantee any commercial results concerning the use of the website.
To the maximum extent permitted by applicable law. we exclude all representations and warranties relating to the subject matter of these general terms and conditions, our website, and the use of our website.
16. Limitations and exclusions of liability
1. Nothing in these general terms and conditions will:
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities or statutory rights that may not be excluded under applicable law.
2. The limitations and exclusions of liability set out in this section and elsewhere in these general terms and conditions:
are subject to the section; and
govern all liabilities arising under these general terms and conditions or relating to the subject matter of these general terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these general terms and conditions
3. In respect of the services offered to you free of charge, we will not be liable to you for any loss or damage of any nature whatsoever.
4. Our aggregate liability to you in respect of any contract to provide services to you under these general terms and conditions shall not exceed the total amount paid and payable to us under the contract. Each separate transaction on the website shall constitute a separate contract for this section.
5. Notwithstanding the section above, we will not be liable to you for any loss or damage of any nature, including in respect of:
any losses occasioned by any interruption or dysfunction to the website;
any losses arising out of any event or events beyond our reasonable control;
any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill;
any loss or corruption of any data, database, or software; or
any special, indirect, or consequential loss or damage.
6. We accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these general terms and conditions (this will not limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
7.Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations. We have no control over third-party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
17. Indemnification
1. You hereby indemnify us and undertake to keep us indemnified, against:
any and all losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by us to any third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these general terms and conditions or the DOC Express codes, policies or guidelines; and
any VAT liability or other tax liability that we may incur in relation to any sale, supply, or purchase made through our website, where that liability arises out of your failure to pay, withhold, declare or register to pay any VAT or other tax properly due in any jurisdiction.
18. Breaches of these general terms and conditions
1. If we permit the registration of an account on our website it will remain open indefinitely, subject to these general terms and conditions.
2. If you breach these general terms and conditions, or if we reasonably suspect that you have breached these general terms and conditions or any DOC Express codes, policies, or guidelines in any way we may:
temporarily suspend your access to our website;
permanently prohibit you from accessing our website;
block computers using your IP address from accessing our website;
contact any or all of your internet service providers and request that they block your access to our website;
suspend or delete your account on our website; and/or
commence legal action against you, whether for breach of contract or otherwise.
3. Where we suspend, prohibit, or block your access to our website or a part of our website you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
19. Entire Agreement
These general terms and conditions and the DOC Express codes, policies, and guidelines shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
20. Hierarchy
Should these general terms and conditions and the DOC Express codes, policies, and guidelines be in conflict, these terms and conditions, the DOC Express codes, policies, and guidelines shall prevail in the order here stated.
21. Variation
1. We may revise these general terms and conditions, and the DOC Express codes, policies, and guidelines from time to time.
2. The revised general terms and conditions shall apply from the date of publication on the website.
22. Severability
1. If a provision of these general terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
2. If any unlawful and/or unenforceable provision of these general terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
23. Assignment
1. You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these general terms and conditions.
2. You may not without our prior written consent assign, transfer, sub-contract or otherwise, deal with any of your rights and/or obligations under these general terms and conditions.
24. Third party rights
1. A contract under these general terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party
The exercise of the parties' rights under a contract under these general terms and conditions is not subject to the consent of any third party
25. Law and jurisdiction
1. These general terms and conditions shall be governed by and construed in accordance with the laws of the territory.
2. Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of the territory
