Terms and conditions of use
The marketexpress.com.gh website is operated by MarketExpress Solutions Limited ("MarketExpress"). Our mailing address is P. O. Box LG 591, Accra
Use Of Website
By using MarketExpress’s website, you confirm that you are either at least 18 years of age or are using the website under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.
We grant you a non-transferable and revocable license to use the website, under the Terms and Conditions described, for the purpose of shopping for items sold on the website. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted to use the website without notice to you.
Some services and features on the website may require registration or subscription. Should you choose to register or subscribe for such services or features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes.
You are the sole authorised user of any account you create with MarketExpress and are entirely responsible for all activities that occur under such account.
You are responsible for maintaining the confidentiality of any account name you create as well as any password associated with such account. You agree to immediately notify us of any suspected or actual unauthorised use of your account and/or password.
By providing your contact information such as phone number and email address, you agree to receive information including but not limited to availability of items in your order, status of your order, promotions, other information that MarketExpress may deem fit to send you. At any point, you may request us to discontinue sending you such information.
You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
If MarketExpress believes that there is likely to be a breach of security or misuse of the MarketExpress website, we may require you to change your password or we may suspend your account.
Within reason, MarketExpress may suspend or cancel your account for a variety of reasons including but not limited to breach of your obligations under these Terms and Conditions.
MarketExpress shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these Terms and Conditions.
The MarketExpress website may allow the submission of various kinds of communication in the form of comments, reviews, photographs, videos, comments and other communication by users of the website.
All such submissions will be considered non-confidential and will be available for MarketExpress to use as it deems fit in any medium and in any territory globally.
All users of the MarketExpress website hereby agree not to submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material; (ii) is unlawful, illegal, obscene, harassing, defamatory, libelous, treasonable, pornographic, hateful, racially, religiously or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of MarketExpress or any third party; or (iv) impersonates another person. MarketExpress reserves the right to remove any submission at its discretion and not least if the submission breaches any of the above listed terms.
MarketExpress does not endorse submissions made on its website and MarketExpress disclaims any liability in connection with any submission. You accept that by accessing MarketExpress’s website you may be exposed to submissions that may be offensive, inaccurate or distasteful, and you hereby waive any legal rights or claims you may have against MarketExpress in relation to this.
Website Content And Pricing
While care is taken to ensure the content published by MarketExpress on its website, including but not limited to product images, product names, product descriptions, product functionalities, product uses, product ingredients and prices, is accurate and complete, errors may occur and you hereby agree that MarketExpress will not be liable in any way for such content.
Though content may be the same, depending on item version (e.g. books), images on the site may differ slightly from actual item. Also, prices of items that need to be weighed (e.g. fruits, vegetables, meat) may be guide prices or approximated to enable you make a buying decision. However, you will only be billed for the actual weight purchased; any difference in guide to actual price wil be credited/debited to your MarketExpress wallet as the case may be. Actual price of weighed items will be fully visible to you upon delivery.
In line with this, MarketExpress reserves the right to refuse or cancel any order if the order contains item(s) that are mispriced or contain incorrect, inaccurate or incomplete content.
Order Acceptance And Cancellation
MarketExpress reserves the sole right to determine which orders to accept and process as well as the right to cancel any order at its own discretion. However, MarketExpress will ensure that the cancellation of any order is communicated in an appropriate time and manner.
Orders Including Alcoholic Drinks And Tobacco Products
Alcoholic drinks and tobacco products may only be purchased by individuals who are at least eighteen (18) years of age. By purchasing such products on the MarketExpress website, you confirm that: (i) you are at least eighteen (18) years of age; and (ii) you will provide legitimate and legally recognised identification confirming your age to the driver upon delivery of your order (iii) you accept that failure to provide such identification may result in MarketExpress and its employees or agents refusing to deliver your order (iv) you accept that MarketExpress and its employees or agents reserve the right not to fulfil delivery of your order if there is any doubt that the identification provided by you is illegitimate, fake or falsified in anyway.
Third Party Websites
MarketExpress may provide web links to websites owned or operated by third parties. MarketExpress does not endorse the content or any products or services available on such websites and is not responsible for such content. Your connection to any other websites from the MarketExpress website is at your own risk.
Use Of Material
Unless otherwise stated, all rights to all materials, content, layout, images, text and design of this website are proprietary to MarketExpress. Users of this website may browse the website and may download material displayed on the website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this website, or the making of any derivative works from this Website, is prohibited without the express permission of MarketExpress.
Trademarks And Copyrights
This website is owned, controlled and operated by MarketExpress. All material on this website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us or provided us permission to use such material.
The material on the MarketExpress website may be used by you for personal, non-commercial purposes. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of MarketExpress, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
MarketExpress offers no guarantee that items on the MarketExpress website are appropriate or available for use in locations outside Ghana, and accessing the MarketExpress website from territories where its contents are illegal or unlawful is prohibited and done at the user’s risk. Ultimately, the user is responsible for ensuring that accessing or using the MarketExpress website is done in accordance with applicable local laws.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ghana and any disputes will be decided by Ghanaian courts.
Limitation Of Liability
You agree that MarketExpress shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from or in connection to use of MarketExpress’s services or website. In no event shall MarketExpress’s total liability to you exceed the amount paid by you to MarketExpress.
At MarketExpress’s discretion and without prior notice to you, MarketExpress may suspend or terminate your access to the MarketExpress website.
Upon any termination of your access to the website, you shall immediately cease all access to and use of the MarketExpress website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the website in whole or in part.
If you are dissatisfied with the website or with any terms, conditions, rules, policies, guidelines, or practices of MarketExpress in operating the website, your sole and exclusive remedy is to discontinue using the website.
For your convenience, we offer a number of windows in which we expect to deliver your order. At checkout, you may select your preferred window and we will make every attempt to deliver within that time period. In the event that there is a delay to delivering your order within the exact time window, you will be notified as much in advance as is possible. Ultimately, the delivery windows are a guide and we are not contractually bound to deliver within the stipulated time period. What we do guarantee is that your order will be delivered within 24 hours of the time of your selected delivery window. That said, majority of our customers’ orders are delivered within their chosen delivery window and it is always our goal to achieve this.
Communicating With You During Order Processing
While processing your order, we may need to contact you to discuss availability of some of your items and any replacements we may want to suggest to you. At checkout, we ask customers their preferred means of us communicating with them (phone call or SMS/email). Whichever medium you select, we request you to have access to it so you can respond in a timely manner so as to allow us process and deliver your order within your preferred delivery window. Customers who are late in responding may have their delivery rescheduled in order not to delay delivery of other customer orders slated for the same window.
Access To Your Delivery Location
We always endeavour to deliver your order directly to your doorstep, however if access to your location is limited due to a dilapidated road, flooding, road blocks, civil unrest or any other encumbrances, then we will require you to notify us in advance and also to meet the delivery driver at a convenient and more accessible location. Failure to notify us of any such issues may result in a delay and/or rescheduling of your delivery or a cancellation of your order.
Access Within Your Building
Our delivery drivers are very happy to carry your order to your doorstep and even into your home, if you want them to. If your building has an elevator, the drivers will bring the order to any floor you’re on. If, however, the building has no elevator, the highest floor the drivers will walk up to is the 4th floor (assuming the ground floor is the 1st floor). Also, if your order contains large and/or heavy individual items such as water refill bottles, the driver will only walk up to the 2nd floor (assuming the ground floor is the 1st floor) if the building has no elevator.
Meeting Our Delivery Driver
In order to enable our delivery drivers effect timely deliveries, they are mandated to wait a maximum of 15 minutes for each customer to receive their orders from them. After contacting a customer (either by phone call or SMS) and the customer is either unresponsive or fails to show up after 15 minutes, the driver will leave and another delivery attempt may be made which may be subject to an extra charge. Also note that MarketExpress will not be liable for any damage caused to products (such as fresh meat and vegetables or frozen produce) as a result of the additional time the products spend due to a customer being unresponsive and/or unavailable to take delivery of such products.
When we receive customer orders, we begin processing them immediately. And because we do not hold our own inventory and we only purchase from supermarkets and retail outlets when customers place orders, as soon as customers pay for their orders, we start purchasing their selected products from the supermarkets. The retailers we buy from have a no-return policy so, we in turn, are unable to return any items customers purchase from us to the retailers. Thus, once an order has been placed and paid for, MarketExpress is unable to accept a cancellation of the order. Neither is MarketExpress able to process a refund (either to the customer’s MarketExpress wallet or their bank account). This, however, does not affect customers’ rights to a refund in the event that an ordered item is unavailable.
If we deliver an incorrect or damaged item (damage that has been caused by us), we will happily replace the item at no additional cost to you. For us to replace such items, customers will need to notify the delivery driver of their observation at the point of delivery. Once customers have taken delivery of their order and signed confirming this, they take ownership of the items and MarketExpress will be unable to accept any returns. For this reason, we ask customers to carefully check and confirm the accuracy of their order with the delivery driver before acknowledging receipt by signing. MarketExpress will not accept returns for items that have no material damage to them. Products that are materially intact but whose packaging may have scratches, peels, tearing, dents, discolouration, rust, or any other aesthetic impairment that does not affect the taste, functionality or integrity of the actual product may not be accepted by MarketExpress as a return.
If an item you ordered is unavailable, we will continue to check for the item until it is back in stock. If, after our checks, the item remains out of stock, any credit due to you will be added to your MarketExpress mWallet. We do not process refunds to bank accounts.
In instances where your address is not within our delivery coverage locations or we later receive a payment which did not reflect in our account at the time you made it, we may process a refund to your account after deducting relevant bank charges.
Treatment Of Our Employees
MarketExpress employees always strive to please customers and often go to extra lengths to ensure customers are fully satisfied with the service. We expect that our customers will accord the same courtesy and respect to all our employees they may engage with via email, over the phone or in person. Our employees mean a lot to us and without them, we will not be able to provide the level of service we offer our customers. So, while we will be patient with customers, we will not tolerate any written, verbal or physical abuse to our employees by anyone. Any breach of this by a customer may result in our refusal to fulfill the customer’s order. In such an instance, if the items in the customer’s order have already been picked and paid for, we may decide not to deliver to the customer’s location and instead require the customer to pick up the order at a location of our choosing. If, however, the items have not been purchased, we may process a refund after deducting relevant bank, transactional and operational charges and costs MarketExpress may have incurred. MarketExpress reserves the right to report any incidence of abuse to the appropriate law enforcement authorities.
Disclaimer and Limitation of Liability
THIS WEBSITE AND THE CONTENT HEREON ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, MARKETEXPRESS DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL MARKETEXPRESS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FOREGOING ENTITIES AND INDIVIDUALS FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE GHANA CEDI (GHC1.00).