1.1. These terms of service govern the use of our website and mobile application (collectively called the “Platform”) and define the legally binding terms on which you access, browse, register, or otherwise use the Platform to enjoy our services. These terms of service apply to all users of our Platform including guest users.
1.2. By using our Platform in any manner, you confirm that you accept these terms of service and you agree to comply with and be bound by said terms.
1.3. You understand that breach of any of these terms may result in your rights to use the services on the Platform being restricted, suspended, or withdrawn.
1.4. We may update these terms of service at any time by amending this document. We will notify you (the user) of changes to the document.
1.5. If you do not agree to these terms of use, continued usage/access to this Platform will be restricted.
2.1. Our Platform allows users to order meals and allows fulfillment of orders via a delivery channel from the Buka.
2.2. Our platform contains a variety of meals you can choose from to eat in, deliver, or pick up.
2.3 We have no control over the time meals will be delivered as various factors could influence this, we do guarantee delivery in the shortest possible time.
3.1. We do not guarantee that our Platform and/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, we do guarantee quick resolution to downtimes that originate from our Platform and/or services.
3.2. We do not guarantee that our Platform or any content on it will be free from errors or omissions. We do guarantee a quick resolution to downtimes that originate from our Platform and/or services.
3.3. You are responsible for making all arrangements necessary to have access to our Platform and for ensuring that all persons who access the Platform through your user profile are aware of these terms of service and other applicable terms and conditions and that they comply with them.
4.1. Our services are available only to registered user profiles who have formed legally binding contracts under applicable law (Registered User).
4.2. Users who fulfill the requirements above must create an account in accordance with clause 4.3 below.
4.3. In order to create an account, you must provide a full name, email address and telephone number. A one-time password (OTP) will be provided to the User upon signing up. It is at this point that you are required to tick a box to confirm to agree with our terms of use and privacy policy.
4.4. You are solely responsible for keeping your login details confidential and should not disclose them 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 unauthorized use of a user's password or account, you must contact us immediately via info@44bukaz.com.
4.5. Once you create an account, you will be able to select meals of your choice, place an order, and request that delivery be made to the given address.
4.6. 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 would advise you to change your password. Failure to update your login details may result in your account being suspended or restricted.
4.7. 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 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 such.
4.8. 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 provided information and may request for any additional documentation for identity verification (KYC).
4.9. You reserve the right to terminate your account, in which case your profile and details will be deleted from our Platform.
5.1. All payments made via our Platform are processed by a third-party payment processor which provides a gateway for online payments (PayStack).
5.2. In order for users to successfully place an order, payment for orders can be made via any of the following ways: 1) through a debit card 2) through bank transfers 3) any other payment methods/channels our payment service partners may provide from time to time.
5.3. The payment processor is solely responsible for all payment transactions processed on our Platform.
5.4. The sale pricing of meal items is displayed in the menu section. The prices reflect in Naira and include any applicable taxes.
5.5. The delivery fee will be accessed at the checkout page.
5.6. The total price is stated on checkout and payment is due before the order is placed.
5.7. By creating an account, you agree to be bound by these terms of payment.
5.8. Order is acknowledged only upon confirmation from our third-party payment processor.
6.1. 44Bukaz and Beverages owns all intellectual property rights on the Platform and any materials published therein. These rights are protected under applicable copyright and trademark laws and all such rights are reserved. You may only access and use the materials for personal use and you may not reproduce, distribute, publicly display, or modify without a license to do so from us.
6.2. 44Bukaz and Beverages owns and is the licensor of all rights, titles, and interests, in and on our Platform, including all rights under patents, copyrights, design rights, trade rights, trademarks, trade secrets, and any other proprietary rights. Any disassembling, decryption, extraction, re-use, re-engineer, reverse engineering, copying, copyrighting, or more generally any act of reproduction, representation, misrepresentation, transmission, or use of any of these elements, in part or in whole, without the authorization of the brand/company/owners is strictly prohibited and may result in legal action.
6.3. If you believe the content of our Platform may have infringed on your copyright in any manner, kindly contact us and we will immediately take steps to stop or remedy such breach.
6.4. 44Bukaz and Beverages will not be liable for any inappropriate or inaccurate use of food names on this Platform. Kindly contact us if you believe a food menu has been wrongly described and we will take steps to remedy it.
The content on our Platform are provided for general information only. Although we make reasonable efforts to update the information on our platform, we make no representations or guarantee, whether expressed or implied, that the content on our platform is complete or up-to-date and you acknowledge that any reliance on such information will be at your own risk.
8.1. Nothing in these terms of use excludes or limits our liability for personal injury arising from our negligence or fraudulent misrepresentation or any other liability that cannot be excluded or limited by Nigerian law.
8.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may otherwise apply to our Platform or content therein, whether expressed or implied.
8.3. We assume no responsibility for the content of websites linked to our Platform. Such links should not be interpreted as an endorsement by 44bukaz of those linked websites/platforms. 44bukaz will not be liable for any loss or damage that may arise from using these other platforms.
8.4. As a user, please note that 44Bukaz and Beverages provides our Platform for domestic, social, corporate, and private use only. You agree not to use our Platform for any commercial or business purposes without written unequivocal consent and we have no liability to you for any loss of profit or loss of business opportunity.
8.5. To the extent permitted by the law, 44Bukaz and Beverages shall not be liable to you for any indirect punitive, incidental, special or exemplary damages arising out of your inability to use our Platform and or services.
8.6. We are not liable for any damage which may be incurred by you from unauthorized use of, tampering or access to your 44bukaz account.
8.7. 44bukaz is not liable and you agree not to hold 44bukaz liable for any damages or losses resulting either directly or indirectly from: delays or disruptions in our Services, software, and Platform; your use or inability to use or access our Services or Platform; a suspension or other actions taken with your 44bukaz account; any access or use of our services in a manner that is inconsistent with this terms of use or any error, inaccuracies, losses, or omissions in or to any data provided to us; and any damage caused by a virus or other technologically harmful material that may infect your electronic devices due to the use of our Platform or any website linked to it.
8.8. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable arising in connection with use of or inability to use our Platform.
9.1. You agree to indemnify, defend, and hold 44bukaz harmless against any loss, damage, liability, and claim due to or arising out of your use or misuse of our Services; and breach of these terms of use or any applicable law.
9.2. We reserve the right at your expense to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.
This term of use becomes effective from the date you start using our services and continues until it is terminated by either you (through the closing of your account) or the brand/company.
11.1. Our Platform must be used only for lawful purposes. You must not allow another person to use it for any purpose other than which we made it available.
11.2. As a user of our Services and Platform, you agree not to use them: in a way that breaches the provision of any applicable law or regulation; in a way that is not authorized by us or detrimental to us; for any fraudulent purpose or act (Including provision of false identification); and to modify, adapt, decipher, disassemble or reverse engineer any of the software making up a part of our Platform.
12.1. By accessing and using our Services, you consent to receive electronic communications, and that all notices, disclosures, and other communications we provide to you electronically through emails or displayed on our Platform satisfy any legal requirement for written Communication.
12.2. The User agrees to the use of electronic signatures, contracts, orders, and other records, for electronic delivery of records of transactions initiated or completed by you. You waive the rights or requirements of any law in any jurisdiction that requires original signature, or delivery or retention of non-electronic records.
If any of these terms of use and or service are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by Nigerian law.
For further details, every user is encouraged to read the Platform's “Privacy Policy”. For the avoidance of doubt, except for our payment provider, we do not share your details with any other third parties.
15.1. In the event of any fraud, breach of these terms of use, or violation of applicable laws or regulations, we reserve the right to take any appropriate measure, including without limitation: suspending or terminating access to all or part of the services of the user who committed the breach; or alerting all relevant authorities and taking legal action.
15.2. Any suspension or termination shall take full effect on the date we send the communication to the user and the user's account will be automatically deleted without further notice.
16.1. The images of the products listed on our Platform may be stock photographs used by us for illustrative purposes only. Although we will make every effort to be as accurate as possible.
16.2. The order page and our communications to you to any order will be in English. The order page will allow you to make your order, review your order, and make any corrections before confirmation.
16.3. The order page leads to the checkout page where your order is to be confirmed and by confirming your order you agree that you have made all necessary corrections.
16.4. To place an order, you must select the meal from the list provided on the menu page of the Platform.
16.5. The user can access a summary of the order at the checkout page at any time before confirmation.
16.6. Confirmation of an order amounts to an offer to enter into a contract to purchase the selected meal, therefore any user who chooses to cancel an order is to do so before the order is accepted by 44Bukaz, after which cancellation can no longer occur.
16.7. The Platform contains a tool summarizing your orders and the history of payments which you can access at any time.
17.1. The delivery of your meal is executed directly between you and 44bukaz and our registered third-party partners.
17.2. You commit to taking delivery of the meals you have ordered through the Platform.
17.3. If you do not receive all the items you ordered, you must immediately contact 44bukaz via email at info@44bukaz.com or via call: 07025210044 or 07046700044 customer service without delay. In this event the missing items will be delivered at no extra cost to you, the User, and in extreme cases, you will be refunded the like sum corresponding to the undelivered item(s).
17.4. Users expressly accept that they are not able to ask for a refund or a later delivery of orders that they have made but failed to take delivery. The only exception to this rule is if the User agrees to cover another delivery cost.
17.5. It is your responsibility to confirm delivery details and to ensure that the details provided including your address and phone number are accurate.
17.6. In the case of inaccurate or mixed up orders, you agree to contact 44bukaz immediately and request for a return. The order should remain as delivered, tampered with but untouched such that it becomes impracticable to bring it back to the form in which it was delivered.
Users are to submit complaints via complaints@44bukaz.com, ceo@44bukaz.com.
The services are provided “As Is” and “As Available”. 44bukaz disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms. In addition, 44bukaz makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection with it, remains solely with you, to the maximum extent permitted under applicable law.
44bukaz may at the management's sole discretion, create promotional codes that may be redeemed for purchase discounts, or other features or benefits related to the Services, subject to any additional terms that management establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
20.1. must be used for the intended purpose, and in a lawful manner;
20.2. may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise);
20.3. maybe disabled by 44bukaz at any time for any reason without liability to the brand;
20.4. may only be used pursuant to the specific terms that 44bukaz establishes for such Promo Code;
20.5. are not valid for cash; and
20.6. may expire prior to your use.
20.7. 44bukaz reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that 44bukaz determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
21. These terms of use and or service are governed by Nigerian law. In the event of a dispute regarding the validity, interpretation, and/or execution of these terms, the parties submit to the exclusive jurisdiction of the Nigerian states and courts.