Term Conditions Page

Terms and Conditions

Last updated: May 4, 2023

Welcome to WePluz! These Terms and Conditions ("Terms") govern your use of the WePluz services, including any websites, mobile applications, devices, or APIs that are operated by WePluz or its subsidiaries and affiliates (collectively, the "Services"), and are entered into by you and WePluz Inc., a Delaware corporation, and its subsidiaries and affiliates ("WePluz"). These Terms apply to all visitors, users, and other parties who access the Services (each referred to as a "user").


By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with WePluz's Privacy Policy.


SECTION 15 ("DISPUTES & ARBITRATION") OF THESE TERMS (THE "ARBITRATION AGREEMENT") PROVIDES THAT ANY CLAIMS THAT YOU AND WEPLUZ HAVE AGAINST EACH OTHER, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST WEPLUZ ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ALSO WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLE EFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATION AGREEMENT.


The Services include a technology platform that presents you with a set of one or more virtual storefronts from which you can select raw foodstuff and medicine for purchase. Depending on the retailer from whom you purchase goods through the Services, picking, packing, and delivery services may be performed by third parties, which may include retailer personnel, independent contractors, and third-party logistics providers (collectively, "Third Party Providers").


You acknowledge that WePluz does not supervise, direct, or control the performance of services provided by Third Party Providers, and that Third Party Providers are neither employed by, nor in any partnership, joint venture, or agency relationship with WePluz.


When you use the Services to place an order for goods, you authorize the purchase of those goods from the retailers you select and, if you have selected delivery services, the delivery of those goods by Third Party Providers. Unless otherwise specified, you acknowledge and agree that WePluz and the Third Party Provider are collectively acting as your agents in the ordering, picking, packing, and/or delivery of goods purchased by you and that the retailer—not the Third Party Provider and not WePluz—is the seller of the goods to you. You agree that your purchase is being made from the retailer you have selected, that the retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer's store. You agree that WePluz or the applicable retailer will obtain authorization for your credit card, debit card, or other payment methods on file with WePluz to cover the cost of the goods you have purchased from the retailer and any separate WePluz fees and optional tips, and your payment method will be charged for the goods purchased by you and any applicable fees, taxes, and/or tips.


WePluz may change the fees it charges for the Services, including but not limited to delivery fees, service fees, and any other applicable charges. WePluz reserves the right to vary certain fees based on demand, order attributes, and other factors. Your payment instrument will be temporarily authorized for an amount greater than the total amount of the purchase displayed during the checkout process. This temporary authorization charge is to accommodate situations where the total purchase amount may increase due to special requests, added items, replacement items, weight adjustments, or tips that you may choose to add after delivery.


The prices of goods on the Services are set by the retailers. Please note that some retailers may have prices for goods on the Services that differ from in-store prices, differ between storefronts, or differ from prices available on other online platforms or services. The prices displayed on the Services may not always be the lowest prices at which the same goods or items are sold. Each retailer may operate multiple storefronts with different pricing, selection, and order fulfillment. You can view each retailer's pricing policies, which may change from time to time, on their storefront(s) on both the website and the WePluz app.


You also acknowledge and agree that, unless expressly provided for otherwise in these Terms or a separate agreement between you and WePluz, WePluz does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.


Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the delivery takes place.


Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating to pricing, product descriptions, promotional offers, and product availability. WePluz reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your payment method has been charged).



Your Use of the Services:

WePluz grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes, subject to your compliance with these Terms and any other WePluz policies. You are not permitted to copy, modify, distribute, sell, or lease any part of the Services. Unless prohibited by law or with WePluz's written permission, you may not reverse engineer or attempt to extract the source code of the Services. You must access the Services only through the interfaces provided by WePluz (for example, you may not use automated means to "scrape" the Services or "frame" any part of the Services), and you must not interfere or disrupt the Services.


Certain parts of the Services may allow you to upload or submit content such as text, images, videos, recipes, lists, links, and other materials. You retain all rights in any content that you upload or submit, and you are solely responsible for such content. By uploading content, you represent and warrant that you either own the content or have the necessary rights to grant WePluz the described rights. You are responsible and liable if any of your content violates the intellectual property or privacy rights of any third party. You grant WePluz a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, and perpetual license to use, store, display, perform, reproduce, modify, create derivative works from, and distributing your content for the purpose of operating, providing, and improving the Services. WePluz may remove or take down any content that you upload or submit to the Services at its sole discretion if it violates these Terms, the WePluz Community Guidelines, or any other policies.


You may have the option to access the Services through downloadable software, and such software may automatically update on your device. Some software or portions of software in the Services may be subject to open-source licenses, and WePluz will provide such licenses to you. In case of a conflict between an open source license and these Terms, the open source license will govern only with respect to the applicable software or portion of the software.


By using the Services, you represent and warrant that you are of legal age in your jurisdiction to enter into a binding contract with WePluz. If you are using the Services on behalf of a business or entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms.


To use the Services, you may need to create a user account. You are responsible for all activities and transactions that occur on or using your account, and you must take precautions to keep your password and account information secure. You must comply with all applicable laws when accessing or using the Services, adhere to the WePluz Community Guidelines (which may be updated), and respect other users and individuals encountered through the Services, including Third Party Providers, WePluz personnel, and support staff. WePluz reserves the right to decline orders, refuse delivery, restrict access to accounts or Services, and cancel orders at its sole discretion. WePluz may offer incentives or benefits such as trial memberships, credits, coupons, promotion codes, or discounts, and reserves the right to withhold, revoke, cancel, or terminate such incentives or benefits if fraud, tampering, abuse, or violation of the Terms of Service is suspected or determined.


WePluz continually modifies and improves its Services, which may include introducing new features, changing existing features, or removing features without notice. If you provide WePluz with feedback or comments on the Services, you grant WePluz the right to use such feedback or comments for any purpose without restrictions or payment to you.


If you need to request order cancellations, refunds, or returns, please visit your account to initiate the request or review the Help Center articles for our policies. Please note that once a shopper has started shopping for your order or the delivery has begun, you may not have the option to reschedule or cancel the order. If rescheduling or cancellation is possible, you may be charged a fee and items purchased on your behalf may not be refunded.



WePluz Communications

By creating a WePluz user account, you agree to accept and receive communications from WePluz or Third Party Providers, including email, text messages, calls, and push notifications to the phone number you provided to WePluz. You understand and agree that these communications may be generated by an automatic telephone dialing systems and/or may include prerecorded messages sent by or on behalf of WePluz, its affiliated companies, and/or Third Party Providers. These communications may pertain to orders placed through your account on the WePluz platform. Standard message and data rates may apply. If you no longer wish to receive promotional emails, text messages, or other communications, you can opt-out at any time in your Account Settings or by using the unsubscribe mechanism provided in the message, if applicable. To stop receiving promotional text messages from WePluz, simply reply "STOP" from the mobile device receiving the messages.


If you use the WePluz platform to order prescription drug products (where available), please note that user inquiries must be conducted via telephone. You also acknowledge and agree that a third-party pharmacy and/or WePluz may send you unencrypted SMS messages, push notifications, or other electronic notifications related to prescription drug products ordered through the WePluz platform. There is a level of risk that such communications could be read by unintended third parties. By using the WePluz platform to order prescription drug products, you explicitly disclaim any liability and waive and release any claim, to the maximum extent permitted by law, against WePluz, its affiliated companies, and Third Party Providers for any harm or damage arising from SMS messages, push notifications, and/or other electronic notifications.



Transactions Involving Alcohol

You may have the option to order alcohol products in some locations and from certain Retailers on WePluz. You agree to comply with all applicable laws and ensure that WePluz or any Third Party Provider (including Retailers) does not violate any applicable laws. If you order alcohol products from a Retailer through WePluz, you confirm that you are of legal drinking age for purchasing, possessing, and consuming alcohol in Nigeria (i.e., 18 years of age or older in Abuja and Lagos). Additionally, upon alcohol delivery by the Third Party Provider, the recipient must provide valid government-issued identification proving their age. The Third Party Provider may scan this identification and require a signature from the recipient. It is essential that the recipient is not intoxicated during the delivery, and you agree not to purchase alcohol with the intention of reselling or providing it to someone who is not of legal drinking age. If the recipient fails to present valid photo identification upon delivery, your order will be canceled. If any applicable legal requirements for alcohol delivery are not met, WePluz reserves the right to cancel the alcohol-related portion of your order. Special requests or substitutions for alcohol purchases will not be accommodated; all alcohol orders must be made through the available catalog on the WePluz platform at the time of placing the order.


Users who purchase alcohol through WePluz for delivery by Third Party Providers within Abuja or Lagos acknowledge that it is illegal: (1) for a person under 18 years old to purchase or consume alcohol, (2) to use false identification to obtain alcohol, (3) to use another person's identification to obtain alcohol, or (4) to purchase alcohol for a person under 18 years old.




Delivery of Prescription Drug Products

You acknowledge that WePluz is not a pharmacy and does not provide recommendations or referrals for pharmacies to process prescriptions. You are solely responsible for selecting the pharmacy that dispenses your prescription. WePluz makes no warranties regarding the quality of prescription drug products or the services provided by the pharmacy. If you encounter any issues with the processing of your prescription, please contact the pharmacy directly.


Upon delivery of prescription drug products by a Third Party Provider, the recipient must provide valid government-issued identification proving their age. The Third Party Provider may scan this identification. You also agree that the recipient will indicate their relationship to you if they are not you. Furthermore, you confirm that any prescription drug product ordered through WePluz is not purchased with the intent to resell or provide it to someone other than the intended recipient.


WePluz does not provide medical advice, diagnosis, or treatment, and no pharmacy-patient or physician-patient relationship exists between WePluz and you as a result of using the platform. We encourage you to consult with your healthcare professional or pharmacist for all health-related matters.


If you are experiencing a medical emergency, call 911 or contact your local emergency assistance service immediately.



Third-Party Products and Content

You agree that WePluz does not assume responsibility for any products, content, services, websites, advertisements, offers, or information provided by third parties and made available through the WePluz platform. WePluz also does not assume responsibility for your interactions with any Third Party Provider, including Retailers. Furthermore, WePluz does not warrant or guarantee the accuracy, completeness, reliability, currentness, or error-free nature of any product information displayed on the platform. Any health and wellness information, nutritional content, and nutritional information provided on WePluz are for informational purposes only and should not substitute the diagnosis, treatment, and advice of a qualified healthcare provider. WePluz does not warrant or guarantee the accuracy, completeness, reliability, currentness, or error-free nature of such health, wellness, or nutritional information. If you choose to purchase, use, or access any products, content, services, advertisements, offers, or information through WePluz or engage with any Third Party Provider, you do so at your own risk, and WePluz will not be liable for any issues or damages arising from such actions.



Service Provided "As-Is" and Release of Claims

The WePluz platform is provided on an "as is" and "as available" basis. WePluz disclaims all representations, conditions, and warranties, whether express, legal, implied, or statutory, including but not limited to the implied warranties or conditions of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement. Additionally, WePluz does not make any representations, warranties, conditions, or guarantees regarding the reliability, timeliness, quality, suitability, or availability of the platform, any services provided by Third Party Providers, or goods requested from Retailers through the platform. WePluz does not guarantee the quality, suitability, safety, or ability of Third Party Providers or Retailers. By using the WePluz platform, you agree that the entire risk associated with your use of the platform, services provided by Third Party Providers, or products requested and delivered remains solely with you. The WePluz platform, website, and software are subject to periodic changes, which may occur at any time and without prior notice to you.


WePluz does not guarantee that the platform, website, and software will operate without errors or be free from computer viruses or other malware. You agree that WePluz will not be responsible for any economic costs related to your use of the platform, website, or software.


You acknowledge that neither WePluz nor its subsidiaries, affiliates, Retailers, licensors, or suppliers are responsible for the fitness or conduct of any Third Party Provider or for any services provided by them. Neither WePluz nor its subsidiaries, affiliates, Retailers, licensors, or suppliers will be liable for any claims, injuries, or damages arising from the acts or omissions of any Third Party Provider.


In the event of a dispute with one or more Third Party Providers, you agree to release WePluz, including its subsidiaries, affiliates, officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers, from any and all claims, demands, and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.


Furthermore, you expressly waive any rights you may have under Nigerian law or any analogous laws in other jurisdictions that would limit the release of claims, including claims unknown or unsuspected at the time of executing the release.


Certain jurisdictions may not allow the exclusion and limitation of certain implied warranties, so the above exclusions may not apply to you. These terms provide you with specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. To the extent prohibited by applicable law, the disclaimers and exclusions under these terms shall not apply.



LIMITATION OF LIABILITY

IN NO EVENT SHALL WePluz (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WePluz OR WePluz’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


IN NO EVENT SHALL WePluz (INCLUDING ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF WePluz OR WePluz’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


WePluz, its subsidiaries, affiliates, retail partners, licensors, suppliers, and distributors will not be liable for aggregate liability for all claims relating to the services, any services provided by third party providers, or any products requested by you or delivered to you for more than the greater of $100 or the amounts paid by you to WePluz during the past 12 months in connection with the services.


Nigerian federal law, some states, provinces, and other jurisdictions do not allow the exclusion and limitation of certain liabilities, so the above exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The exclusions and limitations under these terms will not apply to the extent prohibited by applicable law.


Indemnification

You agree to defend, indemnify, and hold harmless WePluz and its officers, directors, employees, agents, shareholders, subsidiaries, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorneys' and experts' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from: (i) your unauthorized use of the Services or any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule, or regulation; (ii) any third party's access or use of the Services using your WePluz user account; or (iii) any dispute or issue between you and any third party, including without limitation any Retailer or other Third Party Provider.



Disputes & Arbitration

This Section 15 (the "Arbitration Agreement") applies to and governs any dispute, controversy, or claim between you and WePluz, including but not limited to those that arise out of or relate to: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (b) access to or use of the Services, including receipt of any advertising or marketing communications or any information contained on the Services; (c) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services or your consumption or use of those goods or services; or (d) any other aspect of your relationship or transactions with WePluz as a consumer. You and WePluz agree that the Retailers from which orders may be placed and goods may be purchased through the Services and/or through white label sites that are powered by WePluz are intended third-party beneficiaries of this Arbitration Agreement.


Informal Dispute Resolution: You and WePluz agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, before initiating formal proceedings, you and WePluz agree to first attempt to work out any such dispute amicably. The initiating party must give notice to the other party in writing of its, his, or her dispute, including a written description of the dispute. For any dispute you initiate, you agree to provide written notice to:


WePluz

ATTN: Legal Department

Abuja, Nigeria.


Your written description must be on an individual basis and personally signed and also provide at least the following information: your name; the email address associated with your account; a detailed description of the nature and basis of the dispute, including any transaction details; and the specific relief sought and how it was calculated. For any dispute that WePluz raises, we will send our written description of the dispute (including the information listed above), signed by an authorized WePluz representative, to the most recent delivery address associated with your account. The initiating party must allow the other party 60 days to respond and attempt to resolve the dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.


You and WePluz agree that this informal dispute resolution process is a requirement that must be fulfilled prior to initiating an arbitration proceeding. The applicable statute of limitations period and any filing fee deadlines shall be tolled from the time the initiating party sends their written notice through the 60-day period set forth above.


For residents of Nigeria, you agree to the following mandatory arbitration provisions:


Mandatory Arbitration: If we're unable to work out a solution amicably, both you and WePluz agree to resolve through binding arbitration, rather than in court, any dispute, controversy, or claim arising at any time, including but not limited to those arising out of or relating to: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof; (ii) access to or use of the Services, including receipt of any advertising or marketing communications and/or any information contained on the Services; (iii) any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services and any consumption or use of those goods and services; or (iv) any other aspect of your relationship or transactions with WePluz as a consumer. A Claim under this Section also includes all claims or disputes between you and any Retailer arising out of or related to the Services performed under this Agreement.



Termination

You can stop using the WePluz services at any time and without notice to us. Similarly, WePluz may terminate access to the services to you or any other users or stop offering all or part of the services at any time without notice. In the event of termination, Section 1 and Sections 4-22 survive and continue to apply to you.



Controlling Law

To the extent permitted by applicable law, these Terms will be governed by the laws of Nigeria, specifically the laws of the Federal Republic of Nigeria, without respect to its conflicts of laws principles, except the Arbitration Agreement, which is governed by the laws outlined in Section 15 of these Terms. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the services that are not subject to Section 15 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of Abuja or Lagos, Nigeria, and you and WePluz consent to the personal jurisdiction of those courts.



Entire Agreement & Severability

These Terms, subject to any amendments, modifications, or additional agreements you enter into with WePluz, shall constitute the entire agreement between you and WePluz with respect to the services and any use of the services. If any provision of these Terms is found to be invalid by a court of competent jurisdiction, that provision only will be limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.



No Waiver

WePluz's failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.



Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. WePluz may assign its rights, licenses, and obligations under these Terms without limitation.



Changes to the Terms

We may make changes to these Terms from time to time. When WePluz does so, WePluz will post the most current version of the Terms on WePluz's website, and if a revision to the Terms is material, WePluz will notify you of the new Terms (for example, by email or a notification on the services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the services.



Copyright and Trademark Policy

WePluz respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with relevant laws in Nigeria. WePluz will respond to valid notices of copyright or trademark infringement and reserves the right to terminate any users, at WePluz's sole discretion and without notice, who infringe copyrights or other intellectual property rights.


If you believe any content posted or made available on the services constitutes infringement of your copyright rights, you may send a written notice of infringement to WePluz's designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the services (e.g., the URL of the claimed infringing material if applicable or other means by which WePluz may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.


WePluz

ATTN: Copyright Agent

Abuja or Lagos, Nigeria

copyright@wepluz.com


If you believe any content posted or made available on the services constitutes infringement of your trademark rights, you may also send your notice to WePluz's designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s) without authorization, and the location of such allegedly infringing product(s).