TERMS & CONDITIONS
These Terms and
Conditions govern the use of the services offered by TellMe (“TellMe”) on the
www.tellme.ng website (the “Website”). Please read these Terms and Conditions
and the Privacy Policy (the “Privacy Policy”) carefully before using TellMe’s
services or its website.
Your use of TellMe
services or its website constitutes your acceptance of and agreement to all of
the terms and conditions in these Terms and Conditions and the Privacy Policy,
and your confirmation that you are either at least eighteen (18) years of age
or under the supervision of a parent or legal guardian who is at least eighteen
(18) years of age.
Use of
Website
By using TellMe’s
website, you confirm that you are either at least 18 years of age or are using
the website under the supervision of a parent or legal guardian who is at least
eighteen (18) years of age.
We grant you a
non-transferable and revocable license to use the website, under the Terms and
Conditions described, for the purpose of shopping for items sold on the
website. Any breach of these Terms and Conditions shall result in the immediate
revocation of the license granted to use the website without notice to you.
Some services and
features on the website may require registration or subscription. Should you
choose to register or subscribe for such services or features, you agree to
provide accurate and current information about yourself and to promptly update
such information if there are any changes.
User
Account
You are the sole
authorized user of any account you create with TellMe and are entirely
responsible for all activities that occur under such account.
You are responsible
for maintaining the confidentiality of any account name you create as well as
any password associated with such account. You agree to immediately notify us
of any suspected or actual unauthorized use of your account and/or password.
By providing your
contact information such as phone number and email address, you agree to
receive information including but not limited to the availability of items in
your order, the status of your order, promotions, and other information that
TellMe may deem fit to send you. At any point, you may request us to
discontinue sending you such information.
You must inform us
immediately of any changes to the information that you provided when
registering by updating your details.
If TellMe believes
that there is likely to be a breach of security or misuse of the TellMe
website, we may require you to change your password or we may suspend your
account.
Within reason,
TellMe may suspend or cancel your account for a variety of reasons including
but not limited to breach of your obligations under these Terms and Conditions.
TellMe shall not be
responsible or liable in any way for any loss or damage of any kind incurred as
a result of, or in connection with, your failure to comply with these Terms and
Conditions.
User
Submissions
The TellMe website
may allow the submission of various kinds of communication in the form of
comments, reviews, photographs, videos, comments, and other communication by
users of the website.
All such submissions
will be considered non-confidential and will be available for TellMe to use as
it deems fit in any medium and any territory globally.
All users of the
TellMe website hereby agree not to submit material that: (i) is copyrighted,
subject to privacy or publicity rights, or otherwise subject to third-party
proprietary rights unless you are the owner of such rights or have permission
from the owner to submit the material; (ii) is unlawful, illegal, obscene,
harassing, defamatory, libelous, treasonable, pornographic, hateful, racially,
religiously or ethnically offensive or is otherwise inappropriate; (iii) could
damage the reputation of TellMe or any third party; or (iv) impersonates
another person. TellMe reserves the right to remove any submission at its
discretion not least if the submission breaches any of the above-listed terms.
TellMe does not
endorse submissions made on its website and TellMe disclaims any liability in
connection with any submission. You accept that by accessing TellMe’s website
you may be exposed to submissions that may be offensive, inaccurate, or
distasteful, and you hereby waive any legal rights or claims you may have
against TellMe in relation to this.
Website
content and pricing
While care is taken
to ensure the content published by TellMe on its website, including but not
limited to product images, product names, product descriptions, product
functionalities, product uses, product ingredients, and prices, is accurate and
complete, errors may occur and you hereby agree that TellMe will not be liable
in any way for such content.
In line with this,
TellMe reserves the right to refuse or cancel any order if the order contains
the item(s) that are mispriced or contain incorrect, inaccurate, or incomplete
content.
Order
acceptance and cancellation.
TellMe reserves the
sole right to determine which orders to accept and process as well as the right
to cancel any order at its discretion. However, TellMe will ensure that the
cancellation of any order is communicated in an appropriate time and manner.
Third-Party
Websites
TellMe may provide
web links to websites owned or operated by third parties. TellMe does not
endorse the content or any products or services available on such websites and
is not responsible for such content. Your connection to any other websites from
the TellMe website is at your own risk.
Use of
Material
Unless otherwise
stated, all rights to all materials, content, layout, images, text, and design
of this website are proprietary to TellMe. Users of this website may browse the
website. They may download material displayed on the website for non-commercial,
lawful, personal use only, provided all copyright and other proprietary notices
contained on the material so downloaded are retained and such information is
not modified, copied or posted on any networked computer or broadcast in any
media. All other copying, reproduction, posting on any other website,
republication, downloading, uploading, encoding, modification, translation,
public performance or display, distribution, or transmission of any portion of
this website, or the making of any derivative works from this Website, is
prohibited without the express permission of TellMe.
Trademarks
and Copyrights
This website is
owned, controlled, and operated by TellMe. All material on this website,
including images, illustrations, audio clips, and video clips, is protected by
copyrights, trademarks, and other intellectual property rights that are owned
and controlled by us or by other parties that have licensed their material to
us or provided us permission to use such material.
The material on the
TellMe website may be used by you for personal, non-commercial purposes. You
must not copy, reproduce, republish, upload, post, transmit, or distribute such
material in any way, including by e-mail or other electronic means whether
directly or indirectly and you must not assist any other person to do so.
Without the prior written consent of TellMe, modification of the materials, use
of the materials on any other website or networked computer environment or use
of the materials for any purpose other than personal, non-commercial use is a
violation of the copyrights, trademarks, and other proprietary rights, and is
prohibited.
Territorial
Use
TellMe offers no
guarantee that items on the TellMe website are appropriate or available for use
in locations outside Nigeria, and accessing the TellMe website from territories
where its contents are illegal or unlawful is prohibited and done at the user’s
risk. Ultimately, the user is responsible for ensuring that accessing or using
the TellMe website is done in accordance with applicable local laws.
Applicable
Law
These Terms and
Conditions shall be governed by and construed in accordance with the laws of
the Federal Republic of Nigeria and any disputes will be decided by Nigerian
courts.
Limitation
of liability
You agree that
TellMe shall not be liable for any direct, indirect, incidental, special, or
consequential damages resulting from or in connection to the use of TellMe’s
services or website. In no event shall TellMe’s total liability to you exceed
the amount paid by you to TellMe.
Indemnity
You hereby indemnify
and hold harmless TellMe, its owners, licensees, affiliates, subsidiaries, and
their respective officers, directors, agents, and employees, against any
losses, claims, actions, costs, damages, penalties, fines, and expenses
including reasonable attorneys’ fees, made by any third party or penalty
imposed due to or arising out of your breach of these Terms and Conditions,
Privacy
Policy and other
Policies, or your violation of any law, rules or regulations or the rights of a
third party.
Termination
At TellMe’s
discretion and without prior notice to you, TellMe may suspend or terminate
your access to the TellMe website.
Upon any termination
of your access to the website, you shall immediately cease all access to and
use of the TellMe website and we shall, in addition to any other legal or
equitable remedies, immediately revoke all password(s) and account
identification issued to you and deny your access to and use of the website in
whole or in part.
If you are
dissatisfied with the website or with any terms, conditions, rules, policies,
guidelines, or practices of TellMe in operating the website, your sole and
exclusive remedy is to discontinue using the website.
Delivery
Windows
For your
convenience, we will make every attempt to deliver within a reasonable delivery
window. In the event that there is a delay, you will be notified as much in
advance as possible. Ultimately, the delivery windows are a guide, and we are
not bound to deliver within the stipulated windows. What we do guarantee is
that your order will be delivered within 48 hours from the time the item is
ordered. Items ordered beyond 4:00 pm will be delivered the next day.
Communicating
with you during order processing
While processing
your order, we may need to contact you to discuss the availability of items in
your order and any suggested replacements. We require your response within 15
minutes of receiving emails or phone calls about any replacements in your
order, otherwise, we may deliver only the actual items ordered without
including any suggested replacements. Once an order has been dispatched, other
communication may be by phone call, so we require you to have your phone
readily available.
Access
to your delivery location
We always endeavor
to deliver your order directly to your doorstep, however, if access to your
location is limited due to a dilapidated road, flooding, roadblocks, civil
unrest, or any other encumbrances, then we will require you to notify us in
advance, and also to meet the delivery driver at a convenient and more
accessible location. Failure to notify us of any such issues may result in a
delay and/or rescheduling of your delivery or cancellation of your order.
Access
within your building
Our delivery drivers
are pleased to carry your order to your doorstep and even into your home if you
want them to. If your building has an elevator, the drivers will bring the
order to any floor you’re on. If, however, the building has no elevator, the
highest floor the drivers will walk up to is the 4th floor (assuming the ground
floor is the 1st floor). Also, if your order contains large and/or heavy
individual items such as water refill bottles, the driver will only walk up to
the 2nd floor (assuming the ground floor is the 1st floor) if the building has
no elevator.
Meeting
our delivery driver
To enable our
delivery drivers to effect timely deliveries, they are mandated to wait for a
maximum of 5 minutes for each customer to receive their orders from them. After
contacting a customer and the customer is either unresponsive or fails to show
up after 5 minutes, the driver will leave your address. If you are unreachable
at the point of delivery, your order may be rescheduled at an additional cost.
We will accept no liability for perishable or other items that are damaged due
to the wait time. If you wish to assign another recipient for your items due to
your unavailability, kindly notify us, and please note that we will require a
means of ID from the assigned recipient. Your assigned recipient must take
responsibility for confirming a complete and intact delivery.
Cancellations
When we receive
customer orders, we begin processing them immediately. And because we do not
hold our inventory and we only purchase from supermarkets and retail outlets
when customers place orders, as soon as customers pay for their orders, we
start purchasing their selected items from the supermarkets. The retailers we
buy from have a no-return policy so, we, in turn, are unable to return any
items customers purchase from us to the retailers. Thus, once an order has been
paid for, TellMe is unable to accept a cancellation of the order, and neither
is TellMe able to process a refund (either to the customer’s TellMe wallet or
their bank account). This, however, does not affect your rights to a refund if
an incorrect or damaged item is delivered.
Returns
If we deliver an
incorrect or damaged item (damage that has been caused by us), we will happily
replace the item at no additional cost to you. For us to replace such items,
customers will need to notify the delivery driver of their observation at the
point of delivery. Once customers have taken delivery of their order and signed
confirming this, they take ownership of the items and TellMe will be unable to
accept any returns. For this reason, we ask customers to carefully check and
confirm the accuracy of their order with the delivery driver before
acknowledging receipt by signing. TellMe will not accept returns for items that
have no material damage to them. Products that are materially intact but whose
packaging may have scratches, peels, tearing, dents, discoloration, rust, or
any other aesthetic impairment that does not affect the taste, functionality,
or integrity of the actual product may not be accepted by TellMe as a return.
Refunds
If an item you
ordered is unavailable, we will continue to check for the item until it is back
in stock. If, after our checks, the item remains out of stock, any credit due
to you will be added to your TellMe eWallet. We do not process refunds to bank
accounts.
In instances where
your address is not within our delivery coverage locations or we later receive
a payment that did not reflect in our account at the time you made it, we may
process a refund to your account after deducting relevant bank charges.
Treatment
of our employees
TellMe employees
always strive to please customers and often go to extra lengths to ensure
customers are fully satisfied with the service. We expect that our customers
will accord the same courtesy and respect to all our employees they may engage
with via email, over the phone, or in person. Our employees mean a lot to us
and without them, we will not be able to provide the level of service we offer
our customers. So, while we will be patient with customers, we will not
tolerate any written, verbal, or physical abuse to our employees by anyone. Any
breach of this by a customer may result in our refusal to fulfil the customer’s
order. In such an instance, if the items in the customer’s order have already
been picked and paid for, we may decide not to deliver to the customer’s
location and instead require the customer to pick up the order at a location of
our choosing. If, however, the items have not been purchased, we may process a
refund after deducting relevant bank, transactional, and operational charges
and costs TellMe may have incurred. TellMe reserves the right to report any
incidence of abuse to the appropriate law enforcement authorities.