Terms

Welcome to Omacart! These Terms of Use (“Terms”) govern your use of the Omacart services, including Omacart’s Mobile Applications, official website, APIs, and any other related platforms (collectively, the “Services”). These Terms are entered into by you and Omacart Ltd, an e-commerce technology company duly incorporated in Nigeria.

By registering, accessing, or using the Omacart Platform, you agree to enter into a legally binding contract and be bound by these Terms. If you do not agree, you must not register or use the Omacart Platform.

The Services offer a platform that presents a selection of retailers (“Retailers”) from which you can purchase goods for pickup or delivery. Delivery and related services may be handled by third-party contractors or logistics providers (“Third Party Providers”). Omacart does not supervise or employ these providers and assumes no liability for their services.

You agree that Omacart and its Third Party Providers act as your agents solely for the purpose of ordering, picking, packaging, and delivering goods purchased by you. Ownership of goods passes to you once purchased from the Retailer. Prices and availability of items are determined by Retailers and may differ from in-store prices.

1. Acceptance of Terms of Use

Omacart grants you a limited, non-exclusive, revocable license to use the Services in accordance with these Terms. The platform and its contents are licensed, not sold, and remain the property of Omacart Ltd.

2. Use of the Omacart Services

You may not duplicate, modify, distribute, or reverse engineer any part of the Services. Some features may allow you to upload or submit content, which grants Omacart a license to use, display, or reproduce it for operational purposes.

3. Omacart Communications

By creating an account, you consent to receive communications (email, SMS, push notifications) related to your account, orders, and services. You may opt out of promotional messages at any time in your account settings.

4. Retailer Memberships

Some Retailers may offer memberships via the platform. Such memberships are directly between you and the Retailer, and Omacart is not responsible for their management or terms.

5. Transactions Involving Alcohol

Where permitted by law, users may order alcoholic beverages via the platform. You must be of legal drinking age and provide valid identification upon delivery. Omacart reserves the right to cancel orders that violate alcohol laws.

6. Third-party Products, Applications, and Content

Omacart may contain links to third-party websites or integrations. Omacart is not responsible for their functionality, content, or data practices. You use such third-party services at your own risk.

7. Disclaimer of Warranties and Liabilities

The Services are provided “as is” without any warranties. Omacart disclaims liability for interruptions, technical issues, malware, or damages resulting from use of the platform or third-party providers.

8. Limitation of Liability

Under no circumstances shall Omacart or its affiliates be liable for indirect, incidental, or consequential damages arising from use of the Services, including data loss or service interruptions.

9. Intellectual Property Rights

All intellectual property on the platform (logos, content, trademarks, software) belongs to Omacart or its licensors. You may not reproduce or distribute any part without prior written consent.

10. Indemnification

You agree to indemnify and hold Omacart harmless against any claims or liabilities arising from your use of the Services or violation of these Terms.

11. Force Majeure

Omacart shall not be liable for failure to perform due to events beyond its control, including natural disasters, network failures, or regulatory actions.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Nigeria. Any disputes shall be resolved by arbitration in Nigeria, conducted in English.

13. Termination

Either party may terminate this Agreement at any time. Upon termination, you must stop using the Services and delete any related content or software.

14. Amendments and Modifications

Omacart reserves the right to update or modify these Terms at any time. Continued use of the Services constitutes acceptance of the updated Terms.

15. Entire Agreement & Severability

These Terms constitute the entire agreement between you and Omacart. If any part is deemed invalid, the remaining provisions will continue in effect.

16. Waiver of Rights

Failure by Omacart to enforce any part of these Terms does not waive its right to enforce it later.

17. Assignment

You may not assign your rights or obligations under these Terms. Omacart may assign its rights without limitation.

18. Contact Information