Terms & Condition

Welcome to www.africansupermarket.ca, the proprietary website/application of African Supermarket (“African Supermarket”, “we”, “us”). By accessing this Platform, you (“User”, “you”, “your”) agree to our terms and conditions outlined below. We understand that legal documents can be lengthy and sometimes tedious to read, but it is important that you read these terms carefully before using the Platform. By using this Platform, you agree to be legally bound by these terms. If you do not understand any part of this
, please contact us at support@africansupermarket.ca. We’re here to help.

1.1. These terms of use govern your use of our website and mobile application (collectively called the “Platform”) and define the legally binding terms on which you access, browse, register, or otherwise use the Platform to enjoy our services. These terms apply to all users of the Platform, including guest users.
1.2. By using our Platform in any manner, you confirm that you accept these terms of use and agree to comply with and be bound by them.
1.3. You understand that breaching any of these terms of use may result in your rights to use the services on the Platform being restricted, suspended, or withdrawn.
1.4. We may amend these terms of use at any time by updating this page. Please check this page periodically to take notice of any changes we make, as they will be binding on you.
1.5. If you do not agree to these terms of use, you must not access this Platform or use the services.

2.1. This Platform allows users to browse, order, and have African groceries delivered directly to their homes (Services).
2.2. The Platform contains a variety of African grocery products you can choose to order and have delivered to you.
2.3. African Supermarket may not be affiliated or have formal partnerships with the suppliers of the grocery items listed. We are responsible for fulfilling your Terms of Use 2orders and delivering them to you. We execute your orders based on your instructions.
2.4. We operate the Platform and implement the tools and technical means to enable this service to run smoothly. We do not have possession of the grocery products offered for sale until they are ordered. African Supermarket is not a part or subsidiary of any of the suppliers listed on this Platform.
2.5. We have no control over and do not guarantee the existence, quality, or safety of the groceries advertised. We do not guarantee the accuracy of suppliers’ offers or their ability to supply items as described.
2.6. Unlike our delivery services, we cannot guarantee that the groceries ordered through this Platform will meet your expectations. Any warranties (whether express or implied) regarding the quality of products are disclaimed by us to the fullest extent permitted by law.

3.1. We do not guarantee that our Platform or any of the Services will always be available, uninterrupted, or fault-free. We will not be liable to any user if the Platform is unavailable at any time or for any period.
3.2. We do not guarantee that our Platform or any content on it will be free from errors or omissions.
3.3. You are responsible for making all arrangements necessary to have access to our Platform and for ensuring that all persons who access the Platform through your user profile are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

4.1. Our services are available only to individuals who are 18 years or older and who can form legally binding contracts under applicable law. You represent that you are at least 18 years old and that all registration information you submit is accurate and truthful.
4.2. Users who meet the above requirements must create an account in accordance with clause 4.3 below.
4.3. To create an account, you must provide a full name, email address, telephone number, and delivery address. A one-time password will be provided to you upon signing up. At this point, you are required to tick a box to confirm that you agree with our terms of use and privacy policy.
4.4. You are solely responsible for keeping your login details confidential and must not disclose or share them with anyone. You will be responsible for all activities and orders that take place using your login information. In the event of theft, loss, or unauthorized use of your password or account, you must contact
us immediately at [insert email address].
4.5. Once you create an account, you will be able to select grocery items of your choice, place orders, and have them delivered to your registered address.
4.6. If we suspect or believe that there has been or is likely to be a security breach or other misuse of our Platform, we reserve the right to require you to change your password. Failure to do so may result in us suspending or deleting your account.
4.7. As a user, you:
Represent and warrant that all account information provided is accurate, up-to-date, honest, and not misleading; Commit to updating your account information as necessary; and Accept sole responsibility for any direct or indirect consequences caused by the inaccuracy of this information or failure to update it.
4.8. The information submitted to create or update an account constitutes proof of your identity. We reserve the right to verify, at any time, the accuracy of the information provided and to ask you for any additional documentation for identity verification.
4.9. You may decide at any time to terminate your account, in which case your details will be deleted from the Platform.

5.1. All payments made on our Platform are processed by a third-party payment processor, which provides a gateway for online payments.
5.2. To successfully place an order, payments can be made in several ways: Through a debit or credit card;
Through bank transfers; or Any other payment methods/channels our payment service partners may
provide from time to time. Terms of Use 4
5.3. The payment processor is solely responsible for all payment transactions conducted on our Platform.
5.4. The prices of groceries are displayed in the offers. They are listed in Canadian Dollars (CAD) and include applicable taxes.
5.5. The delivery fee will be displayed on the checkout page.
5.6. The total price is stated at checkout and is due for payment when the order is placed.
5.7. By creating an account, you agree to be bound by these terms of payment.

6.1. We and our partners own all intellectual property rights in the Platform and any materials published on it. These rights are protected under applicable copyright laws, and all such rights are reserved. You may only access and use the materials for personal use and may not otherwise reproduce, distribute,
publicly display, or modify them without a license from us.
6.2. We own or are the licensor of all rights, titles, and interests in and to the Platform, including all rights under patents, copyrights, design rights, trade secrets, and any other proprietary rights. Any disassembling, decryption, extraction, re-use, re-engineering, reverse engineering, copying, or more
generally any act of reproduction, representation, transmission, or use of any of these elements, in part or whole, without authorization, is strictly prohibited and may result in legal action.
6.3. If you believe the content on our Platform has infringed on your copyright in any manner, please contact us, and we will take immediate steps to address the issue.
6.4. You acknowledge that descriptions and terms used to label grocery items were provided to us by suppliers or users who have purchased items in the past. African Supermarket will not be liable for any inappropriate or inaccurate labeling on this Platform. Please contact us if you believe an item has been
wrongly described, and we will promptly take steps to correct it.

The content on our Platform is provided for general information only and is not intended as advice on which you should rely. Although we make reasonable efforts to update the information on our site, we make no representation or guarantee, whether express or implied, that the content on our Terms of Use 5 website/application is complete or up-to-date, and you acknowledge that any reliance on such information will be at your own risk.

8.1. Nothing in these terms of use excludes or limits our liability for personal injury arising from our negligence, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Canadian law.
8.2. To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms that may otherwise apply to our Platform or any content on it, whether express or implied8.3. We assume no responsibility for the content of websites linked to our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
8.4. As a user, please note that we only provide our Platform for domestic and private use. You agree not to use our Platform for any commercial or business purposes without our written consent, and we have no liability to you for any loss of profit or business opportunity.
8.5. To the extent permitted by law, African Supermarket shall not be liable to you for any indirect, punitive, incidental, special, or exemplary damages arising out of your inability to use our Services.
8.6. We are not liable for any damage you may incur from unauthorized use of, tampering with, or access to your African Supermarket account.
8.7. African Supermarket is not liable, and you agree not to hold us liable, for any damages or losses resulting directly or indirectly from:
Delays or disruptions in our Services, software, and Platform;
Your use or inability to use or access our Services or Platform; A suspension or other actions taken with your African Supermarket account;
Any access or use of our services in a manner inconsistent with these terms of use, or any errors, inaccuracies, losses, or omissions in or to any data provided to us; and
Any damage caused by a virus or other technologically harmful material that may infect your electronic devices due to using our Platform or any Terms of Use 6 website linked to it.
8.8. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising in connection with the use of or inability to use our
Platform.

9.1. You agree to indemnify, defend, and hold African Supermarket harmless against any loss, damage, liability, and claim due to or arising out of your: Use or misuse of our Services; and Breach of these terms of use or any applicable law.
9.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

These terms of use become effective from the date you start using our services and continue until they are terminated by either you (through the closing of your account) or us.

11.1. Our Platform must be used only for lawful purposes. You must not, and must not allow another person to use it for any purpose other than what we made it available for.
11.2. As a user of our Services and Platform, you agree not to use them:
In a way that breaches any applicable law or regulation;
In a way that is not authorized by us or is detrimental to us;
For any fraudulent purpose or act (including providing false identification);
and
To modify, adapt, decipher, disassemble, or reverse engineer any of the
software making up a part of our Platform.

12.1. By accessing and using our Services, you consent to receiving electronic communications, and you agree that all notices, disclosures, and other communications we provide to you electronically through emails or displayed on our Platform satisfy any legal requirement for written communications.
12.2. You agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of records of transactions initiated or completed by you. You waive any rights or requirements of any law in any jurisdictions that require an original signature or the delivery or retention of
non-electronic records.

If any of these terms of use are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions, which will continue to be valid to the fullest extent permitted by Canadian law

The company collects and processes users’ personal data. For further details, every user is encouraged to read the Platform’s “Privacy Policy.” For the avoidance of doubt, with the exception of our payment provider, we do not share your details with any other third parties.

15.1. In the event of any fraud, breach of these terms of use, or violation of applicable laws or regulations, we reserve the right to take any appropriate measure, including without limitation: Suspending or terminating access to all or part of the services of the user who committed the breach; or Alerting all relevant authorities and taking legal action.
15.2. Any suspension or termination shall take full effect on the date we send the communication to the user, and the user’s account will be automatically deleted without further notice.

16.1. The images of the products listed on our Platform may be stock photographs used by us for illustrative purposes only. Although we will make every effort to be as accurate as possible.
16.2. The order page and our communications to you in relation to any order will be in English. The order page will allow you to place your order, review it, and make any corrections before confirmation.
16.3. The order page leads to the checkout page where your order is to be confirmed, and by confirming your order, you agree that you have made all necessary corrections.
16.4. To place an order, you must select the grocery items from the list provided on the homepage of the Platform.
16.5. If a grocery item of your choice is not listed on the Platform, you may contact us to request a listing; however, we are not obligated to list recommended items on the Platform.
16.6. The user can access a summary of the order at the checkout page at any time before confirmation.
16.7. Confirmation of an order amounts to an offer to enter into a contract to purchase the selected groceries. Therefore, any user who chooses to cancel an order must do so before the order is accepted by the supplier, after which can no longer occur.
16.8. The Platform contains a tool summarizing your orders and payment history, which you can access at any time.

17.1. The delivery of your groceries is executed directly between you and African Supermarket.
17.2. You commit to taking delivery of the groceries you have ordered through the Platform.
17.3. If you do not receive all the items you ordered, you must immediately contact African Supermarket’s customer service without delay. In this event, the order will be delivered, and in appropriate cases, you will be refunded the sum corresponding to the undelivered order.
17.4. Users expressly accept that they cannot request a refund or a later delivery of orders that they have made but failed to receive. Terms of Use 9
17.5. It is your responsibility to confirm delivery details and ensure that the information provided, including your address and phone number, is accurate.
17.6. In the case of inaccurate or mixed-up orders, you agree to contact African Supermarket immediately and request a return. The order should remain as delivered and not tampered with so that it becomes impracticable to return it in the form in which it was delivered.

Users should submit complaints to customer service via the contact form on the Platform or through email.

The services are provided “As Is” and “As Available.” African Supermarket disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms. African Supermarket makes no representation of having an existing relationship, engagement, or commitment with any of the suppliers listed on the Platform. In addition, African Supermarket makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services or any services or goods requested through the use of the Services, or that the Services will be uninterrupted or error-free. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection with them, remains solely with you, to the maximum extent permitted under applicable law.

African Supermarket may, at its sole discretion, create promotional codes that may be redeemed for purchase discounts, or other features or benefits related to the Services, subject to any additional terms that African Supermarket establishes on a per promotional code basis (“Promo Codes”). You agree that
Promo Codes:
20.1. Must be used for the intended purpose and in a lawful manner;
20.2. May not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise);
20.3. May be disabled by African Supermarket at any time for any reason without liability;
20.4. May only be used under the specific terms that African Supermarket establishes for such Promo Codes;
20.5. Are not valid for cash; and
20.6. May expire before you use them.
20.7. African Supermarket reserves the right to withhold or deduct credits, or other features or benefits obtained through the use of Promo Codes by you or any other user, if African Supermarket determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of
the applicable Promo Code terms or these Terms.

These terms of use are governed by Canadian law. In the event of a dispute regarding the validity, interpretation, and/or execution of these terms, the parties submit to the exclusive jurisdiction of the Canadian courts.