TERMS AND CONDITIONS FOR USE
PERFNET SOLUTIONS, a company incorporated in Ghana under the provisions of The Registration of Business Names Act, 1962 (No. 151), and operating under the trade name UAFRIK (referred to herein as “PERFNET”, “UAFRIK”, “we”, “our” or “us”) is in the business of wholesaling and retailing various categories of goods and services across Ghana and the rest of the world through various modes of distribution channels (“Products” and/or “Services”, Online and/or Physical In-Store).
All transactions or the products ordered by you on the website www.uafrik.com (“Website”, “The Website” or “Our Website”), which is designed, developed, operated and maintained by PERFNET under our trade name UARFIK shall be fulfilled by PERFNET acting through its duly authorized staff, partners or assigns. PERFNET, operating under the brand name “UAFRIK”, shall solely be responsible for the fulfilment of all the orders placed by you including but not limited to invoicing, receipt of payment, delivery, exchange and return of products, after sales service or support (if any), etc.
You agree that in no event shall PERFNET, its affiliates, directors, officers, agents, consultants or employees be liable for any purchases made through the Website nor bear any responsibility of any nature whatsoever AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PERFNET AND OR ITS REPRESENTATIVE(S) ARISING AS A RESULT OF OR IN RELATION TO THE WEBSITE OR PURCHASES MADE OF PRODUCTS OR SERVICES INCLUDING INTER-ALIA CLAIMS RELATING TO PAYMENT AND DELIVERY OF THE PRODUCTS AND THE LIKE.
NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY PERFNET (UAFRIK) TO THE CONTRARY, YOU SPECIFICALLY AGREE TO THE TERMS SET FORTH BELOW.
TERMS AND CONDITIONS:
- These Terms set forth the terms and conditions that apply to the sale and purchase of the products between UAFRIK and you. Change in law or changes in UAFRIK business may require changes to be made to the Terms from time to time (“Revised Terms”). As such, UAFRIK encourages you to review the Terms and any other terms and conditions periodically for any such changes. It is your responsibility to carefully read, agree with and accept the terms or any other terms and conditions.
- You agree that UAFRIK makes no warranty as to the accuracy, comprehensiveness, or correctness of any Product(s) on uafrik.com(“The Website”) and provides all Product(s) on an “as-is” basis.
- The products, services and information displayed on the Website is an “invitation to offer” to the public at large. Your order for purchase constitutes your “offer” which shall be subject to acceptance or rejection by UAFRIK and shall further be subject to the terms and conditions as listed below. All accepted offers shall be fulfilled by UAFRIK. If you have supplied your valid email address or contact number, UAFRIK will notify you by email, call USSD Flash or through SMS (as the case may be) as soon as possible to confirm receipt of your order and through same or any of the above stated contact medium confirm the order details and therefore process the order. Acceptance of your order will take place upon dispatch of the Product(s) ordered. No act or omission of UAFRIK or PERFNET prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer.
SERVICES, ORDER, PRICING AND PAYMENT
- The Services provided by UAFRIK to you through the Website or any other advertised contact medium on the Website shall include:
- Supply of the ordered product;
- Procuring a logistics company or our assigns experienced with collection and transportation (“Logistics Supplier”) to deliver your ordered Products; and
- UAFRIK customer support, enabling you to contact UAFRIK at email@example.com or through any of our validly advertised contact channels on the Website with any queries that you may have in relation to your purchased Product(s) or any products on offer on the Website.
- The product(s) is/are out of stock;
- UAFRIK is unable to obtain authorization for your payment;
- Delivery or Shipping restrictions apply to a particular product or your provided Delivery or Shipping location;
- UAFRIK finds a Product or pricing error; and/or
- For any other reason at UAFRIK’s sole discretion.
In any of these situations, UAFRIK will inform you that your order has not been accepted, we will not process your payment and will not be liable to you or any third party by reason of our decision to decline processing an order, unwinding or suspending any transaction after processing has begun.
- Lack of authorization for any transaction(s), or
- Exceeding the pre-set limit mutually agreed by You and between your serving financial institutions, Bank(s), Payment Account manager(s), or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason(s).
DELIVERY OR SHIPPING
- For UAFRIK to arrange to deliver any Products that you have purchased, you shall be solely responsible for providing the correct and accurate postal, shipping or delivery details.
- Risk of loss and title for the Products shall pass to you upon delivery of your purchased Products by the Logistics Supplier acting for or on behalf of UAFRIK.
- UAFRIK is not responsible for any:
- delays in the shipping of your ordered and/or purchased Product(s),
- lost or missing Product(s) or
- the incorrect delivery of the Product(s) to you,
Which is due to your fault or due to inaccurate, false or incomplete information provided by you.
- UAFRIK wants you to be pleased with your purchase; so, if for any reason you are not completely satisfied, UAFRIK will accept return of your purchase, subject to terms and conditions for returns mentioned in the Return Policy & Return Process. Please go through the Return Policy & Returns Process available on the Website. Products purchased through the Website should be returned new, unused, in their original packaging and with the original invoice and all Product tags attached. Returns that are damaged, soiled or altered may not be accepted by UAFRIK and may be sent back to you at your cost and without a refund.
- All payments made by you towards correctly returned Products will be refunded as per the Returns Policy & Returns Process. If you think that we have provided you with an incorrect refund, please contact us immediately on firstname.lastname@example.org.
- Please note that, bank and/or mobile money wallet refunds may take up to 15 business days for your bank or financial institution to complete the transaction, depending on their processing time. This can vary greatly between issuers, and UAFRIK shall not be liable for any delays in refund by card or mobile companies or banks. UAFRIK offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card, bank account(s) or mobile wallet. This is on account of the multiplicity of organizations involved in processing of online transactions, the problems with Internet or mobile network infrastructure currently available and working days or holidays of financial institutions.
LIMITATION OF LIABILITY AND INDEMNITY
- You agree, to the fullest extent permitted by law, to indemnify and hold PERFNET (UAFRIK), its directors, officers, employees, affiliates, group companies, agents, contractors, assigns and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or any of the Services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or the Services, or any action taken by UAFRIK as part of its investigation of a suspected violation of these Terms and Conditions or as a result of its finding or decision that a violation of these Terms and Conditions has occurred. You agree to defend, indemnify and hold harmless UAFRIK and its affiliates, group of companies or assigns and from and against any and all claims, damages, costs and expenses, including attorney fees, arising from or related to any breach by you of these Terms and Conditions or any other terms and conditions on the Website.
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL UAFRIK OR ANY OF ITS AFFILIATES, GROUP COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, ASSIGNS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF UAFRIK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH:
- THE USE OF OR INABILITY TO USE THE WEBSITE;
- YOUR USE OF OR RELIANCE ON THE WEBSITE, ANY INFORMATION, HYPERLINKS OR CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE;
- YOUR PROVISION OF INFORMATION, PERSONAL OR OTHERWISE, TO UAFRIK;
- THE PROVISION OF SERVICES BY UAFRIK; OR
- ACTS OR NEGLIGENCE ON THE PART OF UAFRIK.
IN NO EVENT WILL UAFRIK BE LIABLE FOR ANY LOSSES, DAMAGES OR EXPENSES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
GENERAL TERMS & CONDITIONS
- If any provision of these Terms and any other terms and conditions is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms and any other terms and conditions shall remain in full force and effect. The failure of UAFRIK to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit UAFRIK’s rights with respect to such breach or any subsequent breaches.
For special references, inquiries, complaints or general comments and concerns, our customer support unit can be accessed through:
The Customer Service Manager
P.O. Box CT 11326, Cantonment, Accra – Ghana
Phone: +233 560 999 371/2
Time: Mon – Sunday (00:00 – 23:59)
Thank you for your cooperation. We hope you find this Website helpful and convenient to use.