Last Updated: Wednesday, 20th April 2022
1.1 This website and its related services are owned and operated by Prince k. Telecom Service. You acknowledge that any use of this platform and any use of our Services is subject to these Terms of Service and Use (‘Terms’).
These Terms of Use (the "Terms of Use") govern your use of our https://netmart-app.com (the "Website") and our "NetMart" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request to you uninstall the App. By installing, downloading and/or even merely using the Platform, you shall be contracting with NetMart and you provide your acceptance to the Terms of Use and other NetMart policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy, etc.) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same. The Platforms will be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
2.1 All commercial/contractual terms are offered by and agreed to between Clients and Merchants alone. The commercial/contractual terms include without limitation to price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services. NetMart does not have any kind of control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Clients and Merchants. NetMart may, however, offer support services to Merchants with respect to order fulfillment, payment collection, call center, and other services, pursuant to independent contracts executed by it with the Merchants. NetMart is not responsible for any non-performance or breach of any contract entered into between Clients and Merchants on the Platform. NetMart cannot and does not guarantee that the concerned Clients and/or Merchants shall perform any transaction concluded on the Platform. NetMart is not responsible for unsatisfactory services or non-performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered.
2.2 NetMart is operating as an e-commerce platform and assumes and operates the role of facilitator, and does not at any point of time during any transaction between Clients and Merchants on the Platform come into or take possession of any of the products or services offered by Merchants. At no time shall NetMart hold any right, title or interest over the products nor shall NetMart have any obligations or liabilities in respect of such contract entered into between Clients and Merchants. You agree and acknowledge that we shall not be responsible for:
2.3 The details of the menu and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability. All Menu & Food Images used on our platforms are only representative and shall/might not match with the actual Menu/Food Ordered, NetMart shall not be responsible or liable for any discrepancies or variations on this aspect.
3.1 If you want to use our service, you must create an account on our site. To establish your account, we will ask for personally identifiable information that can be used to contact or identify you, which may include your name, phone number, and e-mail address. We may also collect demographic information about you, such as your zip code, and allow you to submit additional information that will be part of your profile. Other than the basic information that we need to establish your account, it will be up to you to decide how much information to share as part of your profile. We encourage you to think carefully about the information that you share and we recommend that you guard your identity and your sensitive information. Of course, you can review and revise your profile at any time.
3.2 You understand that delivery periods quoted to you at the time of confirming the order are approximate estimates and may vary. We shall not be responsible for any delay in the delivery of your order due to the delay at the Client and Merchant's end for order processing or any other unavoidable circumstances.
3.3 Your order shall be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of a change of the delivery location shall be at our sole discretion and reserve the right to charge an additional delivery fee if required.
3.4 You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, or failure to deliver within the estimated time due to your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding. You understand that our liability ends once your order has been delivered to you.
3.5 You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing of the Services. You shall not use a credit/ debit card that is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you shall not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You shall be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
4.1 The following is a partial list of the kinds of conduct that are illegal or prohibited on the Platform. NetMart reserves the right to investigate and take appropriate legal action/s against anyone who, in NetMart sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:
4.2 NetMart reserves the right but is not obligated to do any or all of the following:
5.1 NetMart Service and the End-User acknowledge that Apple or Google, is not responsible for addressing any claims of the End-User or any third party relating to the licensed application including possession, but not limited to:
6.1 Use of the NetMart platform is free only the third-party card processors and payment service providers may charge users for use of their service on the platform. The Merchant's VAT for the items purchased and payment services accepted by NetMart are disclosed on the platform.
7.1 You represent and warrant that you are not located in a country that is subject to a local government embargo, or that has been designated by the local government as a "terrorist supporting" country and that is listed on any local government list of prohibited or restricted parties. NetMart Platform and the Marketplace, NetMart acts only as a provider of the information society service and is neither a party to the sales agreement nor the Delivery Agreement. NetMart is not the manufacturer or seller of the Items or provider of the delivery services and is not liable in any way for the performance of the Sales Agreement or the Delivery Agreement.
8.1 NetMart acts as the agent for the Merchants in relation to the mediation of Sales Agreements between the Clients and Merchants. NetMart also acts as the agent for the Drivers in relation to the mediation of Delivery Agreements between the Drivers and the Clients. As the agent, NetMart has been authorized by each Merchant and each Driver to receive payments from the Clients on behalf of the respective principal and allocate the received funds between the Merchant and the Driver. The Merchant is solely liable for any defects in the quality and quantity of the ordered items/food or other shortcomings in the performance of the Sales Agreement and NetMart does not assume any liability thereof (including liability for any allergic reactions to food or any other health issues). The Drivers are solely responsible for the performance of the Delivery Agreement and NetMart does not assume any liability thereof.
8.2 We offer web and mobile App for you to offer Products (as selected by you and agreed with us) to customers, and complete transactions in each elected zone as selected by you and agreed with us, the Merchant acknowledges that NetMart does not take title or ownership of the Products or the inventory of Products at any point in time by virtue of the provision of Our Services according to these Terms. Title to the Products shall remain with the Merchant until successful and completed delivery to its customer, or upon return to the Merchant.
8.3 Merchants may only use the NetMart platform for lawful purposes and in a lawful manner. You must comply with all Applicable Laws in Ghana and you acknowledge that these may vary from time to time. You will be required to comply with any such changes as applicable. You must ensure that your Products correspond to the images uploaded to the platform and information supplied to us. It is your duty not to place any misleading advertisement or information about your products or a brand on the platform. If you are found to be in breach of these Terms, you must accept the return of Products and you may become liable to us under these Terms. Products that we consider are potentially harmful (including, for example, to the health and safety of individuals) may require you to provide additional warranties to us to continue to allow their sale via the platform. Specific Applicable Laws in Ghana may apply to the sale of such Products and it is your responsibility to adhere to such laws. Liabilities incurred for not following relevant health and safety requirements and/or selling products that are harmful to individuals or any Person's property will be at your sole risk and cost. We reserve the right to reject Products that fall under our prohibited item list, as amended from time to time. Products offered for sale on the platform must comply with all laws and regulations and with NetMart’s policies and protocols as may be specified on the platform and updated from time to time. The sale of illegal, unsafe, or other restricted products listed on these pages, including products available only by prescription, is strictly prohibited. Prior to listing or requesting us to list the Products on the platform, you should carefully review the relevant guidance pages available on the platform. The examples provided in the Terms pages are not all-inclusive and are provided solely as an informational guide. We encourage you to seek independent legal advice if you have questions about the laws and regulations concerning your Products.
10.1 If the Client has any complaints regarding the ordered goods or the delivery of the Order, the Client is encouraged to inform NetMart through email or Live Chat as soon as possible, but no later than within 48 hours of the delivery of the specific order. NetMart may request a photograph of the Goods or other evidence or explanation of the circumstances related to the complaint. Although NetMart is neither the manufacturer nor Merchant of Goods nor provider of the delivery services and is not responsible for respective goods or services, NetMart will try to facilitate an amicable solution and may provide a refund or Balance in respect of the affected goods or the delivery, if NetMart has reasonable cause to believe that the complaint is justified. The Client may also submit complaints to the Merchant or the Driver directly.
11.1 In order for the item to be eligible for a return, please make sure that:
11.2 It is important to note that the Merchants have to approve the return. Only then can NetMart issue a refund. We reserve the right to refuse returns of any Merchant that does not meet the above return conditions at Our sole discretion.
12.1 You are responsible for the cost and risk of returning the Items to the Merchant. You should contact support to request the return address to which the item shall be sent. You should do this only after we send you a text notification that your refund request has been approved. We cannot be held responsible for items damaged or lost in return shipment. We are unable to issue a refund without an actual receipt of the items or proof of received return delivery.
12.2 In the case of non-food or non-perishable products, if the Merchant has proceeded with the product ordered at the time of cancellation, the User may ask the Merchant to return it. To that end, the User must pay the products’ full purchase price and delivery costs, as well as the cost of the return service. If the driver has been able to return the product, its value will be refunded to the User who, as mentioned above, must pay the cost of the two collections and driver services as well as the return service. The return shall, in any event, be subject to the Merchant's return policies, and the User, therefore, states that he/she is aware that, in the case of perishable products (e.g. food), the product may not be returned and NetMart will therefore be entitled to charge him/her for both the product already purchased by the Merchant under his/her mandate and for the cost of the delivery service incurred.
12.3 Notwithstanding the foregoing, in the specific case of orders placed on the platform through the Merchant's product drop-down menu, the Clients must deal directly with NetMart. certain establishments may not have premises open to the public, Clients will be unable to access them for the purpose of processing any claims or returns. In such cases, they must contact NetMart’s Clients' assistance service for the necessary help and support channels available.
12.4 If the Client has given an incorrect delivery address for the products, he/she may enter a new address at any time provided that it is within the same city as the original order and this is a city in which NetMart provides its intermediation service. In such a case, the Client will be ordering a new service and agrees to be charged the appropriate amounts for the new delivery. If the address is in a different city from the one originally specified, the address may not be modified for delivery in a new city, and the order will be canceled, with the Client bearing the resulting costs as provided in this clause.
12.5 NetMart reserves the right to cancel an order without having to provide a just cause. In the event of cancellation without just cause at NetMart’s instance, the User shall be entitled to a refund of the amount paid. The refund amount shall be added to Your wallet. You could also request that we send the refund to your bank account by creating a ticket only after the refund has been added to your wallet.
13.1 We may also use multiple 3rd party couriers to deliver and fulfill customers’ orders. the delivery fees & timelines will be stated on the checkout page for each order. Delivery timelines are subject to change, depending on our courier agreement; product availability; and customer location. At the location you are shipping to (also called the destination) all orders are shipped out by courier or supplier deliveries.
15.1 NetMart reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time by posting changes on the Platform. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
16.1 NetMart reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card/payment information will be stored with our third-party payment service provider(s) for future orders. NetMart does not store your credit card or payment information. You must ensure that you have sufficient funds on your credit and debit card to fulfill the payment of an Order as required, NetMart takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms. The Client has to pay the Delivery fee in the amount calculated by the NetMart Platform. The Delivery fee will be calculated by the kilometer (KM), means of delivery and other criteria. The applicable delivery fees will be indicated to the Client prior to confirmation of the Order. The details of the calculation of the delivery fee may be adjusted from time to time by the NetMart Platform taking into account the market situation, supply and availability of the Drivers on the Marketplace, and other factors relating to the service.
17.1 NetMart can cancel any order at anytime due to the foods/products' unavailability, out-of-coverage area and any other unavoidable circumstances. We may suspend or terminate your NetMart account or stop providing you with access to any or all of our Services at any time, if:
If you have any additional questions or would like to request a refund, feel free to chat with us.
