Terms of Service

1. Eligibility

To use the App, you must be at least 18 years of age (or the age of legal majority in your jurisdiction) and legally capable of entering into a binding contract. By using the App, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.

We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion, including where we have reason to believe that an account has been created by or on behalf of a minor or that the information provided is false or misleading.

2. Your Account

To place an order, you must create an account and provide certain information, including your name, phone number, email address, and one or more delivery addresses. You are responsible for:

• Maintaining the confidentiality of your account credentials and password.
• All activities that occur under your account, whether authorized by you or not.
• Notifying us immediately of any unauthorized use of your account or any other breach of security.
• Keeping your account information accurate and up to date.

We are not liable for any loss or damage arising from your failure to safeguard your account credentials. You may not transfer your account to another person or allow others to access the App using your account.

3. The Service

MamashMarket is a technology platform that connects you with independent partner grocery stores and delivery providers. Through the App, you can browse products, place orders, and choose between home delivery or in-store pickup.

MamashMarket does not itself own, manufacture, produce, or sell the products listed in the App. Products are supplied by partner stores. Where delivery is offered, it may be performed by MamashMarket, by the partner store, or by an independent third-party delivery provider. MamashMarket acts as an intermediary that facilitates the transaction between you and the partner store.

4. Products, Pricing, and Availability

Product descriptions, images, and prices are provided by partner stores and are displayed on the App for your convenience. While we make reasonable efforts to ensure that product information is accurate, we do not warrant that descriptions, images, prices, or other content in the App are complete, accurate, reliable, current, or error-free.

All prices are listed in the applicable local currency and are inclusive of any taxes where required by law. Prices, availability, promotions, and product listings are subject to change at any time without notice. In the event of an obvious pricing error, we reserve the right to cancel any affected order, even after the order has been confirmed.

Certain items may be subject to quantity limits, age restrictions (where applicable under local law), or other restrictions. Availability of products depends on partner store stock and may change in real time.

5. Placing an Order

When you place an order through the App, you are making an offer to purchase the selected items from the relevant partner store at the displayed price, subject to these Terms. Your order is not confirmed until you receive an order confirmation through the App or by email. MamashMarket reserves the right to refuse, cancel, or limit any order at our sole discretion.

You are responsible for reviewing your order carefully before submitting it, including the items, quantities, delivery or pickup address, contact information, and any special instructions. Once an order has been accepted and preparation has begun, cancellation may not be possible or may be subject to the cancellation policy in Section 9.

Substitutions and Out-of-Stock Items

Grocery inventory changes quickly, and items that appear available at the time of ordering may become unavailable by the time your order is prepared. When you place an order, you may be asked to select your substitution preferences (for example, allow similar substitutions, contact me before substituting, or no substitutions). If an item is out of stock and no substitution is made, you will not be charged for that item, and you will receive a refund or account credit for the difference.

6. Payment

Payment may be made through the payment methods supported in the App, which may include credit or debit cards, mobile wallets, cash on delivery, or other methods made available at checkout. By providing a payment method, you represent and warrant that you are authorized to use it and that you authorize us (or our third-party payment processor) to charge the total amount of your order, including item prices, applicable taxes, delivery fees, service fees, and any tips, to that payment method.

If your payment method cannot be verified or is invalid, your order may be suspended or cancelled. You are responsible for any charges or fees your payment provider may apply.

Fees

Your total order amount may include:

• Item prices as listed at checkout.
• Delivery fees, which may vary based on distance, order size, time of day, and demand.
• Service fees charged by MamashMarket to support the operation of the platform.
• Applicable taxes.
• Any optional tip you choose to add for the delivery driver.

7. Delivery and Pickup

Delivery

Estimated delivery times shown in the App are estimates only and are not guaranteed. Delivery times may be affected by traffic, weather, store preparation times, driver availability, the accuracy of your delivery address, and other factors beyond our control.

You are responsible for providing accurate delivery information, including a complete address, landmarks where applicable, and a reachable phone number. You must be available to receive your order at the delivery address at the time of delivery, or ensure that an authorized adult is available on your behalf. If the driver is unable to reach you or deliver the order (for example, if no one is present or if the address cannot be found), the order may be returned, and you may be charged a redelivery or restocking fee.

Pickup

If you select in-store pickup, you are responsible for collecting your order from the selected store within the pickup window provided in your order confirmation. You may be required to present your order confirmation and a valid form of identification at pickup. Orders not collected within the pickup window may be cancelled, restocked, and subject to a restocking fee at our discretion.

Age-Restricted Items

Where the App offers items subject to age restrictions under applicable law, you must be of legal age to purchase such items. Our delivery driver or the partner store's staff may ask for valid government-issued identification at delivery or pickup, and may refuse to hand over age-restricted items if valid identification is not presented.

8. Order Accuracy and Issues

Please inspect your order promptly upon delivery or pickup. If any item is missing, damaged, incorrect, spoiled, or otherwise not as described, please contact us through the App's customer support feature as soon as reasonably possible, and in any event within 24 hours of delivery or pickup (or a shorter period for perishable items). We will work with you and the partner store to resolve the issue, which may include a refund, replacement, or account credit, at our reasonable discretion.

Claims made after this period may not be eligible for a refund or replacement, particularly for perishable goods where the condition of the item cannot reasonably be verified.

9. Cancellations and Refunds

You may cancel an order free of charge before the partner store has begun preparing it. Once preparation has started, cancellation may not be possible, or may be subject to a cancellation fee equal to all or part of the order value, reflecting the cost of items already picked or prepared.

Refunds, where approved, will be issued to the original payment method or as account credit, at our discretion, and may take several business days to appear, depending on your payment provider.

We reserve the right to cancel any order at our discretion, including where: (a) the partner store is unable to fulfill the order; (b) the delivery address is outside our service area; (c) we suspect fraudulent or abusive activity; (d) there has been an obvious pricing or listing error; or (e) events beyond our reasonable control prevent fulfillment. In such cases, we will provide a full refund of any amounts charged for the affected order.

10. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the App in any way that violates any applicable law or regulation.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Provide false, inaccurate, or misleading information, including during account registration or at checkout.
• Use another person's payment method without authorization, or engage in any fraudulent activity.
• Abuse promotional codes, referral programs, or loyalty rewards, including by creating multiple accounts.
• Harass, threaten, or abuse our staff, partner store staff, or delivery personnel.
• Interfere with or disrupt the App, its servers, or networks connected to the App.
• Attempt to gain unauthorized access to the App, other users' accounts, or any systems or networks connected to the App.
• Use any automated means — such as bots, scrapers, or crawlers — to access the App or collect data from it.
• Reverse engineer, decompile, or disassemble any part of the App.
• Use the App to transmit any viruses, malicious code, or harmful content.

We reserve the right to suspend or terminate your account, cancel pending orders, and pursue any legal remedies available to us for violations of this Section.

11. User Content

The App may allow you to submit content such as product and store reviews, ratings, photos, and comments ("User Content"). You retain ownership of your User Content, but by submitting it, you grant MamashMarket a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, display, distribute, adapt, modify, and publish the User Content in connection with the App and our business, including for promotional purposes.

You represent and warrant that you own or have the necessary rights to your User Content, and that your User Content does not infringe any third-party rights, violate any law, or contain anything defamatory, obscene, harassing, or otherwise objectionable. We reserve the right, but have no obligation, to review, monitor, edit, or remove any User Content at our sole discretion.

12. Promotions, Discounts, and Loyalty

We may, from time to time, offer promotional codes, discounts, referral bonuses, loyalty rewards, or other special offers. These are subject to additional terms that will be disclosed at the time of the offer. Promotional offers may be limited in time, quantity, or eligibility; are not transferable or redeemable for cash; and may be modified or revoked at our discretion. Abuse of promotions, including the creation of multiple accounts or fraudulent claims, may result in the cancellation of the benefit and suspension of the account.

13. Intellectual Property

All content in the App — including text, graphics, logos, icons, images, software, and the overall look and feel — is owned by or licensed to MamashMarket and is protected by applicable intellectual property laws. Except as expressly permitted in these Terms, you may not copy, reproduce, modify, distribute, publish, transmit, sell, or create derivative works from any content in the App without our prior written permission.

The MamashMarket name, logo, and related marks are trademarks of MamashMarket. You may not use them without our prior written permission. Third-party trademarks displayed in the App are the property of their respective owners.

14. Third-Party Stores, Services, and Links

The App features products and services provided by independent partner stores. While we take reasonable care in selecting our partners, we are not responsible for the quality, safety, legality, or availability of items supplied by partner stores, nor for the accuracy of product descriptions or images they provide. Your purchase of items from a partner store through the App is a transaction between you and that partner store, facilitated by MamashMarket.

The App may also contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy practices, or practices of any third-party websites or services. You access them at your own risk.

15. Disclaimers

The App and all content, products, and services made available through it are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by applicable law. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the App will be uninterrupted, secure, or error-free; that defects will be corrected; or that the App or the servers that make it available are free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any product descriptions, prices, images, reviews, or other content in the App.

16. Limitation of Liability

To the fullest extent permitted by applicable law, MamashMarket, its affiliates, and their respective officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including without limitation loss of profits, loss of data, loss of goodwill, or any other intangible losses — arising out of or in connection with your use of, or inability to use, the App, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, our total aggregate liability to you for any claim arising out of or in connection with these Terms or the App shall not exceed the greater of (a) the total amount you paid to us in the three (3) months preceding the event giving rise to the claim, or (b) a nominal amount as permitted under applicable law.

Nothing in these Terms excludes or limits our liability for fraud, gross negligence, willful misconduct, or any other liability that cannot be excluded or limited under applicable law.

17. Indemnification

You agree to indemnify, defend, and hold harmless MamashMarket, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the App; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any User Content you submit through the App.

18. Suspension and Termination

We may suspend, restrict, or terminate your access to the App, or deactivate your account, at any time and at our sole discretion — with or without notice — for any reason, including if we believe you have violated these Terms, engaged in fraudulent or harmful behavior, or posed a risk to the App, our staff, our partners, or other users.

You may close your account at any time by contacting customer support or using the account closure option in the App. Termination of your account does not relieve you of any obligations accrued before termination, including any outstanding payment obligations. Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

19. Force Majeure

We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, strikes, power or internet outages, governmental actions, or shortages of transportation, fuel, or supplies.

20. Changes to These Terms

MamashMarket may update or modify these Terms from time to time. When we make material changes, we will post the revised Terms in the App and update the "Effective Date" at the top. Where required by law, we will also notify you through the App or by email. Your continued use of the App after the revised Terms take effect constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the App.

21. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them or the App shall be governed by and construed in accordance with the laws of the jurisdiction in which MamashMarket is established, without regard to its conflict of law principles.

Before initiating any formal legal proceeding, you agree to first contact us and make a good-faith effort to resolve the dispute informally. Any dispute that cannot be resolved informally shall be submitted to the competent courts of that jurisdiction, unless otherwise required by mandatory local law that grants you the right to bring proceedings in your place of residence.

22. Miscellaneous

These Terms, together with the Privacy Policy and any other policies or rules we reference, constitute the entire agreement between you and MamashMarket regarding your use of the App. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms at our discretion.

23. Contact Us

If you have any questions, concerns, or feedback about these Terms or the App, please contact us:

• admin@mamashmarket.com
• +218 91-7000555
• Available nationwide