These Terms and Conditions ("Terms") govern access to and use of the 4uprime website and mobile application (collectively, the "Platform").
The Platform is owned and operated by 4U Supermarket ("4U Supermarket", "we", "us", or "our").
By accessing, registering on, or using the Platform in any manner, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must discontinue use of the Platform immediately.
In these Terms, unless the context otherwise requires:
1. Platform Purpose and Ownership: The Platform, known as 4uprime, is the official e-commerce website and mobile application operated by 4U Supermarket for the purpose of offering grocery and related retail Products directly to Customers through digital channels.
2. Seller of Record: All Products currently made available on the Platform are sold directly by 4U Supermarket, which acts as the primary retailer and seller of record for all transactions conducted on the Platform.
3. Platform Services: 4U Supermarket provides and manages the technological infrastructure that enables:
4. Future Introduction of Third-Party Sellers: 4U Supermarket may, at its discretion, introduce functionality that allows independent third-party sellers ("Merchants") to list and sell Products on the Platform in the future. Where such functionality is introduced:
5. No Agency or Employment Relationship: Nothing in these Terms shall be construed as creating any partnership, joint venture, agency, employment, or fiduciary relationship between 4U Supermarket and any Dispatcher or future Merchant.
1. Eligibility to Use the Platform: Access to and use of the Platform is strictly limited to individuals who are at least eighteen (18) years of age and who possess the legal capacity to enter into binding contracts under applicable law. By creating an account or using the Platform, each User represents and warrants that they meet these eligibility requirements and that their use of the Platform does not violate any applicable law or regulation.
2. Account Creation and Information Accuracy: To access certain features of the Platform, Users may be required to create an account. In doing so, Users agree to provide information that is true, accurate, current, and complete at all times. Users further undertake to promptly update their account information to ensure continued accuracy.
4U Supermarket shall not be liable for any loss, delay, error, or failure arising from inaccurate, incomplete, or outdated information provided by a User.
3. Account Security and Responsibility: Users are solely responsible for:
Any action taken through a User's account shall be deemed to have been taken by the User, and 4U Supermarket shall not be responsible for any loss or damage arising from unauthorised access, except where directly attributable to the Platform's failure to implement reasonable security measures.
4. Prohibition of Misuse and Multiple Accounts: Users shall not:
5. Monitoring, Suspension, and Termination of Accounts: 4U Supermarket reserves the absolute right, at its sole discretion and without prior notice, to:
where it reasonably believes that a User has breached these Terms, engaged in unlawful or improper conduct, provided false information, or poses a risk to the Platform, other Users, Merchants, Dispatchers, or 4U Supermarket.
6. Effect of Suspension or Termination: Upon suspension or termination of an account:
7. Right to Refuse Service: 4U Supermarket reserves the right to refuse service to any User, at any time and for any lawful reason, without being required to provide justification, subject to applicable consumer protection laws.
8. Product Listings and Sources: All Products made available on the Platform are listed either by 4U Supermarket, acting in its capacity as a retailer, or by independent third-party Merchants. Each Product listing shall identify, expressly or by implication, the party responsible for the sale of such Product.
9. Accuracy of Descriptions: While reasonable efforts are made to ensure that Product descriptions, specifications, images, and other content are accurate and up to date, such information is provided on an "as available" basis. 4U Supermarket does not warrant that Product descriptions are complete, error-free, or identical to the delivered Product, particularly where listings are provided by Merchants.
10. Pricing: All prices displayed on the Platform are stated in Nigerian Naira, unless expressly indicated otherwise. Prices may be changed at any time without prior notice and do not constitute a binding offer until an Order is confirmed in accordance with these Terms.
11. Errors and Corrections: 4U Supermarket reserves the right, at its sole discretion, to:
without incurring any liability to the User, except as required by applicable law.
12. Nature of Orders: An Order placed on the Platform constitutes a binding offer by the Customer to purchase the selected Products in accordance with these Terms.
13. Order Confirmation: An Order shall be deemed accepted and confirmed only when:
Until such confirmation, no contractual obligation shall arise.
14. Payment Processing: Payments are processed through independent third-party payment service providers. 4U Supermarket does not store full payment card details and does not control the operation of payment gateways.
15. Payment Failures and Errors: 4U Supermarket shall not be responsible or liable for:
16. Order Cancellation: 4U Supermarket reserves the right to cancel or refuse any Order where:
17. Role of Dispatchers: All delivery and dispatch services are performed by independent Dispatchers engaged through the Platform. Dispatchers are not employees, agents, or representatives of 4U Supermarket.
18. Delivery Timelines: Any delivery timelines displayed on the Platform are estimates only and shall not constitute a guarantee. Delays may arise due to factors beyond the reasonable control of 4U Supermarket.
19. Risk Transfer: Risk of loss, damage, or deterioration of Products shall pass to the Customer upon successful delivery and confirmation at the delivery address provided.
20. Delivery Information: Customers are solely responsible for providing accurate and complete delivery details. Incorrect or incomplete information may result in failed delivery, delays, or additional charges, for which 4U Supermarket shall not be liable.
21. Limitation of Responsibility: 4U Supermarket shall not be responsible for acts, omissions, or misconduct of Dispatchers occurring during the delivery process.
22. Eligibility for Refunds: Refunds may be considered, subject to verification, where:
23. Non-Refundable Items: Certain Products, including perishable or consumable goods, may be non-refundable, except where defective, expired, or delivered in error.
24. Refund Requests: Refund requests must be submitted within the timeframe specified on the Platform. Failure to do so may result in rejection of the request.
25. Future Merchant Orders: Where third-party sellers are introduced in the future, refund responsibility may rest with the relevant seller, subject to applicable terms.
26. No Guarantee of Outcome: Facilitation of refunds or dispute resolution by 4U Supermarket does not constitute an admission of liability or a guarantee of resolution.
27. Independent Contractor Status: Dispatchers operate strictly as independent contractors and have no authority to bind 4U Supermarket.
28. Dispatcher Obligations: Dispatchers are solely responsible for lawful, safe, and professional delivery of Products.
29. Limitation of Liability: 4U Supermarket shall not be liable for loss, damage, injury, or misconduct arising from Dispatcher activities beyond Platform coordination.
30. No Vicarious Liability: Nothing in these Terms shall be construed as creating vicarious liability on the part of 4U Supermarket for any act, omission, negligence, misconduct, or default of any Dispatcher. Dispatchers operate independently and assume sole responsibility for their conduct and delivery activities.
31. All intellectual property rights in the Platform, including content, trademarks, logos, and software, are owned by or licensed to 4U Supermarket. No rights are granted except as expressly permitted in writing.
32. Users shall not engage in fraudulent, unlawful, abusive, or disruptive conduct, including interference with the security or functionality of the Platform.
33. The Platform and Services are provided "as is" and "as available", without warranties of any kind, whether express or implied, to the fullest extent permitted by law.
34. General Limitation: To the maximum extent permitted under applicable law, 4U Supermarket, its directors, officers, employees, affiliates, and service providers shall not be liable to any User for any loss, damage, cost, or expense arising out of or in connection with the use of, or inability to use, the Platform or Services.
35. Excluded Categories of Damages: Without limiting the generality of the foregoing, 4U Supermarket shall not be liable for any:
36. Third-Party Services and External Factors: 4U Supermarket shall not be liable for losses arising from:
37. Maximum Liability Cap: Notwithstanding anything to the contrary contained in these Terms, and to the extent permitted by law, the total cumulative liability of 4U Supermarket to any User for all claims arising out of or relating to these Terms, the Platform, or any Order shall not exceed the total amount paid by the User to 4U Supermarket for the specific transaction giving rise to the claim.
38. Force Majeure: 4U Supermarket shall not be liable for any failure or delay in the performance of its obligations under these Terms where such failure or delay results from events beyond its reasonable control, including but not limited to acts of God, natural disasters, epidemics or pandemics, strikes, labour disputes, civil unrest, war, governmental actions, power failures, system outages, telecommunications failures, or disruptions to internet services.
39. Consumer Protection Carve-Out: Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable consumer protection laws.
40. Statutory Consumer Rights: Nothing in these Terms shall be interpreted or applied in a manner that excludes, restricts, or limits any rights or remedies available to consumers under applicable Nigerian consumer protection laws, including rights that cannot be lawfully excluded or waived.
41. Indemnification Obligation: Users agree to defend, indemnify, and hold harmless 4U Supermarket, its directors, officers, employees, affiliates, and service providers from and against any claims, demands, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable legal and professional fees) arising out of or relating to:
42. Scope of Indemnity: This indemnity applies regardless of whether the claim arises in contract, tort (including negligence), statute, or otherwise, and shall survive the termination or expiration of these Terms.
43. Right to Assume Defence: 4U Supermarket reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification, in which case the User agrees to cooperate fully in the defence of such claim.
44. No Limitation: The indemnity obligations under this section are independent of and in addition to any other remedies available to 4U Supermarket under these Terms or applicable law.
45. Scope: This section governs the collection, processing, storage, and disclosure of personal data on the Platform.
46. Data Controller: For the purposes of applicable data protection laws, including the Nigeria Data Protection Act and any regulations issued thereunder, 4U Supermarket is the Data Controller in respect of all personal data processed on or through the Platform.
47. Information Collected: Personal, transactional, device, usage, location, and communication data may be collected.
48. Use of Data: Data is processed to operate the Platform, fulfil Orders, coordinate dispatch, prevent fraud, and comply with legal obligations.
49. Data Sharing: Data may be shared with Merchants, Dispatchers, payment processors, and regulators where required. Personal data is not sold.
50. Security and Retention: Reasonable safeguards are implemented, and data is retained only as long as legally or operationally necessary.
51. User Rights: Users may request access, correction, or deletion of personal data subject to applicable law.
52. Cookies: Cookies and similar technologies are used to enhance Platform functionality.
53. International Transfer: Where data is processed outside Nigeria, appropriate safeguards are applied.
54. 4U Supermarket may suspend or terminate Platform access at any time where these Terms are breached, without liability except as required by law.
55. These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, and Nigerian courts shall have exclusive jurisdiction.
56. Severability: If any provision of these Terms is held by a court or competent authority to be invalid, illegal, or unenforceable, such provision shall be severed to the extent necessary, and the remaining provisions shall remain in full force and effect.
57. Entire Agreement: These Terms constitute the entire agreement between the User and 4U Supermarket relating to access to and use of the Platform and supersede all prior or contemporaneous agreements, communications, representations, or understandings, whether oral or written.
58. 4U Supermarket reserves the right to amend these Terms at any time. Continued use of the Platform constitutes acceptance of such amendments.
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