TERMS & CONDITIONS, LOVEBOX

INTRODUCTION

These Terms and Conditions (these “Terms”) represent an agreement between you and Lovebox Technologies, set out how you can use Lovebox, and help ensure you have an enjoyable experience using our services. Your use of and access to our Services is at all times subject to these Terms and our Privacy Policy. These are legally binding. Please read through carefully. By proceeding, you will be deemed to have agreed to be bound by the Terms and Conditions set out in this Agreement. If you do not agree to all the terms and conditions of these Terms and our Privacy Policy, do not use or access the Services.

1.0 DEFINITIONS

“The Services” means the website at www.lovebox.africa and all affiliated websites owned and operated by us, our products, services, and mobile applications. “Lovebox Account” means the account you have with us for the Services. “The Company”, “We,” “us,” and “our” mean Lovebox Technologies and its successors, affiliates, and assignees. “You” and “your” mean the person who creates an account with us or uses or accesses the Services. “Customer” shall mean the customer who places the order with Lovebox. “Products” or “Gifts” shall mean the products ordered by the Customer to be delivered to the Recipient, as applicable. “Recipient” shall mean the end person who receives the Product.

2.0 ABOUT US AND HOW TO CONTACT US

Lovebox Technologies is a company duly registered under the Laws of the Federation of Nigeria with registered number6938484.

We can be contacted in the following ways:

If we have to contact you, we will do so through the chat feature within the app, or via the email address or phone number provided by you while creating your account.

3.0 PLACING AN ORDER AND PAYMENT

How to Place an Order

To place an order with us, we require that you create an account with us (Lovebox Account). When creating an account with us, you will be required to provide your email address and password. You may also be required to provide personal information such as your name. You are responsible for safeguarding your password and other User Account information. You may place an order by opening the mobile app, choosing the products you would like to gift and adding to your cart, providing a delivery address where necessary, selecting your preferred payment method and making payment after checkout. Our payment processing partners may save encrypted copies of your payment information such as credit card number, expiry date and name on card to enable ease of future payments. You may choose to permit or deny access to this option.

Accepting an Order

Orders paid for are automatically considered confirmed. Once your order is confirmed, you will receive an email detailing your order and any other information we may provide. Any updates to your order will also be communicated to you via your provided email address.

Orders not Accepted

Products not available at any time will be indicated as “out of stock”, “unavailable” or “sold out” and will be unable to be added to your cart. Subscriptions or bill payments where unavailable will be indicated as “service unavailable” and will be unable to be added to your cart. We are unable to provide custom orders at this time. Orders can only be made for products available on the Lovebox mobile app. If a product has the option to be customised, this will be indicated on the product page. If an order of an available product can no longer be accepted for any reason whatsoever, this will be communicated via email, phone call and/or in-app within 24 hours of the order being placed. We shall communicate the reason the order can no longer be accepted and provide a refund.

Accepting Multiple Orders

Where a customer wishes to place multiple orders to several recipients, or groups of products, products can be added to the cart but must be checked out individually to each recipient. Payment for products being sent to each recipient will also be treated individually.

4.0 PRICING

The prices of all products are provided on our mobile app or website. The product prices are inclusive of VAT. Prices exclude delivery charges. Delivery charges for products requiring delivery are added at the point of checkout after the delivery address has been provided and an estimate is provided based on delivery location. We reserve the right to change our prices at any time. However, this will not apply to orders already paid for and confirmed.

In providing pricing, where there is an error in the price provided, the loss shall be borne by Lovebox if the price provided on the App or website is less than the true price of the product. If the price provided on the App or website is more than the true price, the customer shall be entitled to a refund of the excess amount. Discounts or sales may sometimes be available on selected products through our App or website. These discounts are subject to availability and whatever terms and conditions are provided at the time of offering the discount or sale.

5.0 PRODUCTS

The products sold by Lovebox through our App and website are manufactured in-house or by third-party producers and suppliers. In cases of products not directly produced by Lovebox, Lovebox shall act as a reseller of these goods. Some products may have the option of personalisation, but this does not apply to all products. You will be able to see which products have the option of personalisation at the time of making an order. Where a product ordered differs from what is visually provided on the App or Website, the customer may be entitled to make a complaint and get a valid replacement. This will only be accepted if the complaint is made within 72 hours of delivery and the product has not been used or materially altered from how it was received. However, please note that due to manufacturing and technical differences, the products may not always look exactly as they are illustrated or depicted on the App or Website. In cases of exchange of products, the cost of the delivery or re-delivery as applicable shall be borne by the Customer or User.

6.0 AMENDMENT TO YOUR ORDER

An order is confirmed immediately after it is placed and payment is made. Amendments to an order can only be made within 12 hours from the time the order is placed. An amendment may be a change to a physical product or delivery location and will only be possible if the product has not been shipped. Where an amendment involves a change in delivery address, additional charges may apply which must be settled before the product can be shipped. If a product that was previously purchased using a discount is to be replaced with another product, existing discounts may not apply to the new product except there are discounts also available on the new product.

7.0 REFUNDS AND RETURNS POLICY

Lovebox will not offer refunds for "orders no longer wanted" by the Customer. Refunds will only be processed if requested within 24 hours of the order being placed if the order has yet to be shipped to the recipient. If a recipient rejects a gift, the gift will only be accepted for return where it has not been used or materially altered. The cost of returning the gift shall be borne by the customer who placed the order for the gift and the customer will be entitled to a refund less the cost of returning the gift. The refund will only be processed to the customer’s wallet as credits on the App or website within 30 days from the date of the returned transaction. Virtual gifts such as gift cards, bill payments etc. are deemed delivered at the point of payment and delivery of the same to the recipient. Such orders cannot be amended, returned or refunded. Returns of products will only be accepted in instances where the order requested is not what was received by the recipient. Products which are irreparably damaged in transit will be replaced at no cost to the customer. However, note that some items are subject to wear and tear, so any reasonable wear and tear which occurs to a product in the process of delivery will not be entitled to a return or replacement.

8.0 DISPATCH/DELIVERY

All orders are confirmed within 24 hours of being placed. Physical deliveries are processed and dispatched at the end of the 24 hours. Delivery will be made within three to five working days from the day of processing. Lovebox will not be liable for delays in delivery as a result of unforeseen circumstances, public holidays or acts of God. Where delivery is unable to be completed for any of the aforementioned reasons, this will be communicated via email and the order shall be delivered within the next available period. If a delivery is unable to be completed due to the fault of the customer or recipient, the customer shall be responsible for covering the extra charge needed to attempt the delivery again.

Customers may have the option of same-day delivery for some products if the product is to be delivered to a location for which the same-day delivery option is available. You will be able to see products with the option of same-day delivery and the locations delivered to while using the app. Same-day deliveries will only be available for orders placed no later than 10 a.m. on the day the customer wishes the products to be delivered. Customers also have the option of choosing a delivery date much further in the future to have their gifts delivered. In these cases, the three-to-five working days timeline shall not apply and Lovebox shall be responsible for ensuring the products are delivered on the selected date. Lovebox shall not be held liable if delivery is unable to be completed on the chosen date due to unforeseen circumstances or circumstances beyond our control.

9.0 ABOUT YOUR ACCOUNT

Creating an Account

You acknowledge and agree that in order to use our Services, you must register for and maintain an active user account (“Lovebox Account”). When creating an account with us, you will be required to provide your email address, a phone number and password. You may also be required to provide personal information such as your name and valid phone number so that we may send you verification codes to verify your account and other important text notifications regarding activity in your account. You are responsible for safeguarding your password and other User Account information.

Deleting an Account

You may delete your Account at any time by accessing the ‘Delete Account’ option in your Account settings. Once you have deleted your Account, you will no longer have access to our Services. When we delete your account, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations. When we retain such data, we do so in ways designed to prevent its use for other purposes.

10.0 INTELLECTUAL PROPERTY

The Lovebox App, Website and all Services provided by us are the sole property of Lovebox Technologies Ltd including all copyrights, trademarks, trade secrets and other intellectual property (“Our IP”). We own all rights to Our IP and you agree not to use Our IP for any unlawful or infringing purpose.

We reserve the right to, in our sole discretion and without liability, terminate (or suspend access to) your use of our Services, or your Lovebox Account for any reason, including, but not limited to, your breach of these Intellectual Property Terms.

11.0 PRIVACY INFORMATION

Lovebox Technologies takes the privacy of its users very seriously. You understand that by using the Services, you consent to the collection, use, storage, and disclosure of your information as outlined in these Terms and our Privacy Policy. Through your Use of the App and our Services, you may provide us with certain information. By using the App or the Services, you authorise the Company to use the information you have provided to us.

Information We May Collect or Receive

When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name or billing information. Depending on how you use our Website or Services, we may also receive information from external applications that you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.

How We Use Information

We use the information gathered from you to provide a seamless service and ensure your continued good experience on our App, including through email communication. We may also track certain aspects of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers. The information you provide us is subject to our Privacy Policy

12.0 INDEMNIFICATION

You agree to defend, indemnify and hold harmless Lovebox Technologies for any liability, including reasonable legal fees and reasonable costs for any violation of this Agreement by you. Lovebox, its affiliates, subsidiaries, employees, officers, directors, subcontractors, and agents shall be held harmless from and against any claims, suits, damages or other forms of liability to third parties, actual or claimed (whether or not such allegations may be false, fraudulent or groundless), including attorney fees, for representations made by You under this Agreement.

13.0 MODIFICATION

These Terms may be modified from time to time with or without notice to you. You agree that all modifications to this Agreement take effect immediately upon posting on our Website and replace any prior version unless such prior versions are specifically referred to in the modified Agreement. You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top to note modifications. You agree that your continued use of our App, Website, products and services in any form after a modification of this Agreement shall signify your continued assent to this Agreement.

14.0 WARRANTIES AND LIABILITIES

The information on this Website and our App is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Lovebox reserves the right to alter or delete any products offered without notice. We will not be liable for any defect in the product arising from fair wear and tear, failure by you to follow specific care instructions, wilful damage, abnormal storage, accident, negligence by you or any third party or any alteration or repair made by you or a third party. Our liability for any losses you suffer as a result of our breaking these terms is limited only to the purchase price of the product you purchased. Our products are only for domestic and private use and you agree not to use any products for commercial, business or re-sale purposes. We have no liability to you for any loss of profit, business, business interruption or loss of business opportunity. We do not exclude or limit our liability in any way which is not permitted by law.

15.0 GENERAL PROVISIONS.

15.1 LANGUAGE

All communications made or notices given under this Agreement shall be in the English language.

15.2 APPLICABLE LAW

Through Your use of the Website and our products, services, and applications, you agree that the laws of the Federal Republic of Nigeria shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company.

15.3 ARBITRATION

In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration will be governed by the Federal Arbitration Act. The arbitration will be conducted before a commercial arbitrator from the Nigeria Arbitration and Conciliation Act with substantial experience in resolving commercial contract disputes.

Notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of the obligation to arbitrate. The arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award.

Each party will pay its own attorneys’ fees and expenses.

15.4 TERMINATION

The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, and/or failing to comply with applicable laws or other legal obligations. If you have registered for an account with us, you may also terminate this Agreement at any time by closing your account with us via the Lovebox App or contacting us and requesting termination at [email protected] and providing sufficient information for us to verify your identity. Notwithstanding the foregoing, if there are any pending orders relating to your Lovebox Account when we receive your termination notice, we will close your Lovebox Account promptly after such orders are completed. Your termination of these Terms will not affect any of our rights or your obligations arising under these Terms before termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

15.5 SEVERABILITY

If any part or sub-part of these Terms is held invalid or unenforceable by a court of law or competent arbitrator, that provision will be limited or eliminated, to the minimum extent necessary, and the remaining parts and sub-parts will remain in full force and effect and enforceable to the maximum extent possible.

15.6 NO WAIVER

If We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

15.7 HEADINGS FOR CONVENIENCE ONLY

Headings of parts and sub-parts under this Agreement are for convenience and organisation, only. Headings shall not affect the meaning of any provisions of this Agreement.

15.8 FORCE MAJEURE

The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.