Every user of the Eko Hotels Delivery app represents and warrants that they possess a capacity to contract, and in terms of a natural person, that they are up to the age of 18 and are fully able and competent to understand and agree to these terms, conditions, obligations, affirmations, representation, and warranties as set forth in this Agreement.
These Terms and Conditions contain the rights and obligations upon which the food vendor, the delivery vendor and the customer shall interact in the course of online marketing and processing of sales order on Eko Hotels Delivery platform, to the exclusion of all other terms and conditions.
Eko Hotels Delivery states that it provides only the platform for online food ordering services by entering into contractual arrangements with food vendors on a principal-to-principal basis for the purpose of listing their food and beverages for online ordering by the Users through its app. Users can access the food restaurants list of food and beverages on the platform and place orders which the food vendor may or may not accept at its absolute discretion.
Users and the Eko Hotels Delivery platform represent that they have complied with all laws and regulations in Nigeria. The User represents to use the App services only in compliance with terms & conditions, applicable law, and in a manner that does not violate the legal rights of third parties.
General Terms of Service
1) It is the responsibility of Users to check the food that is ordered and read its description, before placing an order on the platform. Eko Hotels Delivery shall not be liable in the event that food ordered by a User does not meet the User’s dietary or any other requirements and/or restrictions.
2) The acceptance of a delivery by the delivery vendor shall constitute a contract of service under the Consumer Protection Act or any successor legislation, between the User and the delivery vendor and that delivery vendor undertakes to deliver the order to the customer’s destination in a safe and hygienical manner.
3) Eko Hotels Delivery provides the delivery or logistics services and only enables the delivery of food and beverages ordered by the users through the platform by connecting the user to an available rider vendor within user’s geo-fenced zone.
4) Eko Hotels Delivery states that it will use reasonable efforts to inform the user of the costs or charges associated with a particular order made on the platform to enable the user to either confirm the sale orders or cancel the order before processing.
5) Once a user has confirmed the sales order to the food vendor and the order processed for delivery, the customer will not be entitled to a refund, unless the food vendor delivers a good of the kind different from the one ordered by the customer.
6) Eko Hotels Delivery shall reserve the right at any time and without prior notice, to remove, block, or disable access to any Content, for any reason considered to be objectionable, in violation of the terms and conditions of this Agreement or otherwise harmful to the Services provided herein.
7) The intellectual and proprietary rights in the app belong exclusively to Eko Hotels Delivery, and every user agree to protect Eko Hotels Delivery ownership of the platform as well as its intellectual and proprietary right.
8) Eko Hotels Delivery shall grant the User a personal, limited, non-exclusive, and non-transferrable license to access and use the services in this app only as expressly permitted as per the terms and conditions of the Agreement. The user agrees not to use the services for any illegal purpose or in any manner inconsistent with the terms and conditions of this Agreement.
9) The reviews or ratings of a food vendor (restaurant) by users do not reflect the opinion of Eko Hotels Delivery. Such reviews or ratings only show the views of the user. It is important to state that every review or ratings posted on the platform are the personal views of the user.
10) Eko Hotels Delivery shall take care to show correct process of goods listed at the time of publication, as received from the food vendors. The final price charged to the User may change at the time of delivery. In the event of a conflict between prices as displayed on the Eko Hotels Delivery platform and the price charged by the food vendor, the price charged by the food vendor shall be deemed to be the correct price.
11) The total price for food ordered, including the delivery charges and applicable taxes (VAT), will be displayed on the Platform when you place your order, which shall be rounded up to the nearest Naira. The User shall make full payment towards such food ordered via any of the Eko Hotels Delivery preferred payment platform as displayed.
12) The delivery period or pick-up time quoted at the time of ordering are approximate only and may vary depending upon the situation. When the user opts for Pickup at the time of placing the Order, and Eko Hotels Delivery shall not be liable in any manner in this regard.
13) Personal promo code/offers/memberships, where applicable, can be used by the User subject to such terms and conditions set forth by Eko Hotels Delivery from time to time. The subscribers will only be eligible for offers opted for.
5.1 The User shall request to order food/beverages from a food vendor by clicking on “Place Order” tab on the vendor’s counter in the Platform. Such order shall constitute an unconditional and irrevocable authorization issued in favor of Eko Hotels Delivery to place online orders and approve the processing of the request by the vendor.
5.2 Each order for Products given by the Customer to the food vendor will be deemed to be an offer by the Customer to purchase Products from the food vendor subject to these Terms.
5.3 In order for a Contract to come into force, (a) the Customer must submit an order to the food vendor to enable the food vendor to process the request for delivery; (b) the food vendor must send to the Customer, a confirmation order to complete the sales order; and upon acceptance and completion of the sales order by the customer, a contract is validated by the parties and processed for delivery through the platform.
5.4 Delivery: All products will be delivered by the food vendor through Eko Hotels Delivery vendor to the customer’s chosen address or agreed delivery point supplied by the customer and captured on Eko Hotels Delivery platform through geospatial intelligence.
5.5 The food vendor will be responsible for packaging the products for delivery, by unloading the pack to the customer’s chosen delivery vendor. Once the product has been handed over to the delivery vendor, no cancellation is allowed and no refund is allowed unless in accordance with clause 7 of this agreement dealing with Refunds and Payment Policy.
5.6 Once an order has been placed on the Platform and accepted by a Food Vendor, it constitutes a separate contract of sale of goods between the customer and food vendor, to which the Eko Hotels Delivery is merely a facilitator, but not a party.
5.7 The user warrants that while placing an order, accurate and correct details such as contact telephone number, delivery address, etc. are accurate and correct. By providing these details, the user expresses acceptance of the terms and conditions and privacy policies.
5.8 The customer shall not resell goods purchased via the Eko Hotels Delivery platform.
5.9 The customer shall be charged a delivery fee for delivery of the order by the delivery vendor, and the fee must be added and paid along with the value of the food. The delivery charges may vary from, order to order, which may be determined on multiple factors such as distance, order value, demand during peak hours, etc.
5.10 The customer acknowledges that any cancellation or attempted or purported cancellation of an Order constitutes a breach of the unconditional and irrevocable authorization in favor of Eko Hotels Delivery.
5.11 In the event the customer places on order which was processed and handed for delivery before it became apparent that the order was made out of want of care, the customer shall be liable to pay the liquidated damages of an amount equivalent to the value of the Order. The User authorizes Eko Hotels Delivery to deduct or collect the amount payable as liquidated damages by deducting such amount from the payment made towards the customer’s next order.
5.12 Eko Hotels Delivery does not guarantee a refund without Food vendors permission. Where it is considered that such refund is justifiable, the refunds shall be processed in the same manner as they are received, unless the refunds have been provided to the customer in the form of credits, the refund amount will reflect in customer’s account based on respective bank policies.
Account Registration Process
6.1 One shall have the access to the Platform by downloading the Eko Hotels Delivery app either on Android or IOS mobile enabled phone, and registering his personal information to create an account. A registered user may access or log into the account through certain third-party social networking sites (” SNS”) (including, but not limited to, Facebook).
6.2 Every user shall have access to only one Eko Hotels Delivery account and shall not be permitted to create multiple accounts. Where it is found that a user uses multiple accounts, Eko Hotels Delivery reserves the right to suspend such multiple accounts without liability whatsoever.
6.3 Every user shall provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
6.5 Every user shall be responsible for safeguarding his personal login credentials. The user shall not disclose the password to any third party. A user is solely responsibility for any activity or action under the user’s enabled Eko Hotels Delivery Account.
Payments & Refunds
7.1 A customer shall be entitled to a refund only if a pre-payment was made at the time of placing an order on the Platform, and it turns out that:-:
(a) The order as packaged has been tampered or damaged at the time of delivery; and such damage has been brought to the attention of the delivery vendor, and a screenshot of the damage or tampering taken and submitted along with a compliant form online, as reason for rejection of delivery, rather than acknowledging acceptance of delivery.
(b) The user cancels the order due to: (i) Failure to contact the customer by phone or email at the time of confirming the order booking; or (ii) Where the customer cancels the order at the time of confirmation due to unavailability of the items ordered for at the time of booking.
(c) The decision on refunds shall be at the sole discretion of Eko Hotels Delivery, and each case shall be treated on its merits. All refund amounts shall be credited to a customer’s account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card
7.2 In case of payment at the time of delivery, the user shall not be required to pay for:
a) Orders where the packaging has been tampered with or damaged;
b) Wrong order being delivered; or
c) Items missing from order at the time of delivery.
8. Other Terms and Conditions
i. Food Vendor’s Regulatory Compliance: The customer and food vendor acknowledge that Eko Hotels Delivery is not responsible for the quality of food supplied, and bears no responsibility for the food vendor’s compliance with Consumer Protection rules, regulations, and licenses in relation to sales and processing of foods.
ii. Assignment: Eko Hotels Delivery may assign its right obligations under these terms and conditions to any of its affiliates or any third party at any time.
iii. Food hygiene checks: Eko Hotels Delivery shall undertake to initiate food hygiene checks and surveillance in partnership with certified authorities, and in accordance with the stipulation of any food safety law or regulation in force.
v. Indemnity: The food vendors, delivery vendors and customers (users) agree to indemnify, and hold harmless, Eko Hotels Delivery from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred as a result of user’s violation of any rights of third party, injury or bodily harm caused to anyone as a result of the use of this service, breach of terms and conditions. Eko Hotels Delivery retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against Eko Hotels Delivery. Eko Hotels Delivery reserve the right, at user’s expense, to assume the exclusive defense and control of any matter for which user is required to indemnify Eko Hotels Delivery and the user agree to cooperate with Eko Hotels Delivery defense of these claims. Eko Hotels Delivery will use reasonable efforts to notify the user of any such claim, action or proceeding upon becoming aware of it.
vi. Eko Hotels Delivery may terminate user’s use of the services and deny access to the Platform in Eko Hotels Delivery sole discretion, for any reason or no reason, including user’s: (i) violation of terms and conditions of this Agreement (ii) lack of use of the services, (iii) or using the platform to perpetuate fraud or illegal purpose. It is hereby agreed any termination of user’s access to the services may be effected without prior notice, and it is acknowledged and agreed that Eko Hotels Delivery may immediately deactivate or delete the account and all related information and/or bar any further access of user to the account. Further, the user must agree that Eko Hotels Delivery shall not be liable to the user or any third party for the discontinuation or termination of user’s access to the Eko Hotels Delivery app.
vii. Addendum: Eko Hotels Delivery is at liberty to vary or amend or change or update the terms and conditions, from time to time. The user shall be responsible for checking the terms and conditions from time to time and ensure continued compliance with the said terms and conditions. User’s usage of the platform shall be deemed as express acceptance to such amended/changed terms and the user agrees to be bound by such changed/amended Terms and Conditions. The User may be required to install certain upgrades or updates to the software in order to continue access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by Eko Hotels Delivery under the term and conditions shall be considered part of the Services.
viii. Waiver: No failure to exercise or any delay in exercising, on the part of either Party of any right or remedy under this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right or remedy prevent the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
ix. Severability: If any provisions or part-provisions of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
x. Governing Law: This Agreement and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. The courts of the Federal Republic of Nigeria shall have jurisdiction to settle any dispute arising out of or in connection with Agreement (including a dispute regarding the existence, validity or termination).Eko Hotels Delivery