Dear User, consider the Terms and Conditions (T&C) below, before placing any order for any of the services from Maiden Food Website. These Terms and Conditions constitute a legal agreement between you and the Restaurant.
By placing an order for any of the services from this Website, our Mobile Applications or any other available channel, you agree to be bound by the Terms and Conditions (T&C).
The Terms include: The Terms of Use, Privacy Policy, Refund Policy, Dispute Resolution Policy, Customer Service, and other relevant documents including any modifications, alterations or updates thereof which are published or may be published on the platforms. The agreement also contains provisions that limit the liability of the Restaurant.
NOTE: The headings as used in this agreement are included for convenience purposes only and will not limit or otherwise affect the Terms.
SECTION 1: INTRODUCTION OF THE COMPANY
1.1. WHO WE ARE
We are Maiden Foods, a brand and trade name of Sunsteve Maiden Foods. Online and physically present food vendors otherwise called the Restaurant.
We are accessible via Maiden Food Website
SECTION 2: MAIDEN FOODS WEBSITE AND OTHER CHANNELS’ TERMS
2.1. General Condition
By using any of our channels, you represent that you are at least the age of majority and that you have given consent to allow any of your privies to use the channels. A breach or violation of any of the Terms will result to immediate termination of our Services.
All rights to the Application and the Website are and remain the exclusive property of Sunsteve Maiden Foods. Nothing in these Terms is designed for you to transfer any of these rights or to invest in one of them.
You are only entitled to the limited use of the Web Application as granted to you in these Terms. You shall not take steps to interfere with, limit or jeopardize the rights of the Restaurant.
All costs associated with downloading, installation, access and use of the Application or the Website or both are your responsibility and depend on your mobile service provider.
You are responsible for maintaining the strict confidentiality of your account details and you are responsible for all activities on your account.
You agree to immediately notify your bank and us where appropriate, of any unauthorized use of your account, password or any other breach of security.
You agree and you are responsible for providing accurate information and ensure that your account details are updated.
You are solely responsible for controlling the dissemination and use of your password, control access and use of your account and agree to inform us when you want to cancel your account or unsubscribe.
The company will not be liable for any loss or damage arising from the violation of these provisions.
2.2. Service Access
2.2.1 Website and Application Availability
While we ensure that all our channels are always available, we do not undertake any obligation to do so, and we will not be liable if the Website is unavailable at any time or for any period.
2.2.2. Suspension of Access
Access to the Website may be suspended temporarily at any time and without notice.
2.2.3. Information Security
The transmission of information via the internet is not completely secure.
Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website. Any transmission is at your risk.
SECTION 3: COPYRIGHT INFRINGEMENT POLICY
Maiden Foods consider copyright issues grave. We therefore demand respect to our intellectual property rights. We also respect the intellectual property rights of others.
If you believe that materials located on or linked to us violate your copyright, you are encouraged to notify us in accordance with the Nigerian Copyright Act.
Maiden Foods will respond to all such notices as required or appropriate including removing the infringing material (s) or disabling all links to the infringing material.
Maiden Foods will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Maiden Foods or others.
In the case of such termination, Maiden Foods will have no obligation to provide a refund of any amounts previously paid. We may also explore other legal remedies within the municipal laws.
SECTION 4: ORDERING
By placing an order through any of our channels, you enter into an agreement with Maiden Foods with respect to the processing, delivery of the services and other incidental responses.
The Agreement is effective from the moment the Customer finalizes the order by clicking the 'Buy now' or any other similar button for same purpose during the process of placing an order through any of the channels.
The Order can only be executed by Maiden Foods if the Customer provides correct and complete contact information when placing the Order for delivery.
With respect to information on the status of his Order, the Customer is required to be available by telephone as indicated when placing the order for both the Restaurant and the delivery person.
The Customer must be present in person at the delivery address and on time as indicated by the Customer to receive the ordered items. Breach of this shall lead to cancellation of order with no refunds.
We are not responsible for any issues that may be linked to taking delivery by proxy.
All products that may be ordered are subject to availability.
The images of the products and packaging appearing in the Application or Website are shown as examples only and may not be identical to products or packages you may receive due to the color display of your device or to factors such as ingredients used.
SECTION 5: ALLERGIES
Maiden Foods disclaims any liability whatsoever, and for any consequences or damage resulting, directly or indirectly, in relation to allergens and / or intolerance of raw materials used by the Restaurant in the preparation of the products sold.
We ensure quality products, but it is your responsibility to report any allergy and / or intolerance directly to the Restaurant.
Maiden Foods publishes her offers on the platforms with available information about the products.
Maiden Foods may list ingredients used in production of each delicacy and may use ingredients and additives of meals and drinks, that could cause allergies and intolerance. If a Customer is allergic to any foodstuffs, additives, condiments etc, he shall contact the Maiden Foods by telephone for current allergen information before placing an order.
SECTION 6: PAYMENT
The moment the order is placed in accordance with the provisions of these general Terms and Conditions for Customers, the Customer is obliged to pay Maiden Foods immediately for the Order.
Maiden Foods’ services are on ‘pay before service’ basis.
Orders not paid for is deemed not placed abinitio and therefore shall not be honored.
The Customer may fulfill this payment obligation by using an online payment method through the platform or by payment to the Restaurant’s cashier.
You also covenant that the credit or debit card details that you provide are your own credit or debit card and that you have sufficient funds to make the payments.
The company has no business with a third party’s information gotten either through mutual consent with the third party, fraudulent stealing of information or any other illegal means of obtaining third party information supplied by any of our customers and the Restaurant shall on no account whatsoever be made to answer question pertaining thereto.
SECTION 7: MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to changes with or without notice. We reserve the right at any time to modify or discontinue the Service or any part or content thereof with or without 30 days notice given and at any time. We shall not be liable for any modification, price change, suspension or discontinuance of the services.
SECTION 8: CANCELLATION/SUSPENSION OF ORDERS.
8.1. Considering the perishable nature of our offer, the Customer shall not be entitled to cancel any order. Cancellation of orders with the Restaurant is only valid where you have spoken or written to the customer care or any representatives of Maiden Foods and the cancellation request was expressly approved.
8.2. Maiden Foods is entitled to cancel Orders if:
(i) The offer is no longer available.
(ii) The Customer provided incorrect or inoperative telephone number or other contact information.
(iii) Occurrence of force majeure or any other extenuating circumstances.
8.3. Where the Customer places a false order by ordering unavailable products, providing incorrect contact information, not paying or not being present on the delivery or collection location in order to receive the Order or otherwise fails to comply with his obligations pursuant to the agreement, the company may cancel the order without refunds if money had been paid. Maiden Foods shall be entitled to refuse any future Orders from such Customer.
8.4. Maiden Foods is also entitled to refuse or cancel orders where there is reasonable doubt about the correctness or authenticity of the order or contact information placed.
We shall also refuse Order where the Customer places false or fraudulent orders or any other act or omission capable of undermining the integrity and credibility of the Restaurant.
SECTION 9: EVENTS BEYOND OUR CONTROL (FORCE MAJEURE)
Maiden Foods will not be liable for any non-compliance or delay in compliance with any of the obligations we may assume under these Terms or other contracts when caused by events that are beyond our reasonable control ("Force Majeure").
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including but not limited to the following:
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect.
SECTION 10: DISCLOSURE TO AUTHORITIES AND COURTS
You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone transacting with us who is in breach of any applicable law or restrictions and shall indemnify us to the fullest extent permitted by law from all liability in relation thereto.
Maiden Foods may also disclose information to provide certain commercial services and communicate only information required for commercial services to be provided.
We may also disclose information if required by law or if we believe in good faith that such action is necessary to:
(i) Comply with legal obligations,
(ii) To protect or defend our rights or property and
(iii) Act in urgent circumstances to protect the personal safety of users of our services.
SECTION 11: THIRD PARTY LINKS AND RESOURCES
Our channels may contain links to third-party Sites that are not owned or controlled by us. References from our Site and Apps to any names, marks, products or services of third parties, or links to third-party Sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.
The Restaurant assumes no responsibility regarding the policies to protect personal information and gathering information from these third parties and we recommend that you contact the providers of these Sites directly for information on their privacy policies.
The use of any such third-party Site or platform is at your own risk and will be governed by such third party’s terms and policies (including its privacy policies).
All questions and all concerns about privacy of your personal information should be directed to the registered address available on our website. You can also reach us by phone number listed on our Website Monday to Friday, 8 am to 3 pm and via email at support@maidenfood.com.ng
SECTION 12: CHANGES IN TERMS AND CONDITIONS
Maiden Foods may revise; review these Terms at any time and at its sole discretion by changing these Terms in the Application or Website. The changes will be effective immediately when published. You are responsible for checking these Terms periodically to ensure that you are updated with the terms.
By continuing to access the application or use after such changes have been made, implies acceptance of such changes.
SECTION 13: TERMINATION
The Restaurant may terminate, on its sole discretion, these Terms in other words, our services at any time for any reason without giving prior notice by placing the Application or Website off.
You may also terminate these Terms at any time for any reason without giving prior notice to the Restaurant by uninstalling the Application from your device or by ceasing to use the Application or the Website.
We can also terminate the Website as part of a general shutdown of our service or for periodic maintenances.
All provisions of this Agreement which by their nature should survive termination shall survive the termination.
SECTION 14: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Maiden Foods and her Officers, Directors, Agents, privies from any claim or demand, including reasonable Attorneys’ fees, made by any third-party arising out of your breach of these Terms of Service or documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of other remaining valid provisions.
SECTION 16: SUBSCRIPTION CANCELLATION POLICY
Maiden Foods understands the importance of freedom of choice of individuals which may occasion cancellation of subscriptions with us.
Although the subscriber reserves this right, he shall continue to receive the subscription benefits until the end of the current subscription period or duration.
The customer shall not be entitled to receive a refund of any portion of the subscription fees paid for the current subscription periods. He may however pause, suspend and resume subscription as he may deem fit and as permitted under our Terms.
SECTION 17: REFUND POLICY
Refund may be available where the reason for the rejection leading to the refund request is a fault fully on the part of the Restaurant.
Where the Customer partly contributes, he shall accept the order or lose the money wholly. Evidences inform of screen shots must be tendered to be able to benefit under the refund policy.
For avoidance of doubts, rejections as a result of wrong menu delivery must be made at the point of delivery and not afterwards. Delay shall defeat this policy.
The Restaurant shall refuse requests for refunds where:
(i) The customer received what he ordered but simply changed his mind.
(ii) Where he did not like the order or realized that he had no need for it.
(iii) Where the rejection or the complaint was not raised at the point of delivery, assuming it falls within the refundable.
(iv) Falls within the refundable but the Customer or his Agents, Privies etc had tampered or attempted to tamper with the product or its packaging.
SECTION 18: LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
Any rights not expressly granted in these Website Terms are duly reserved.
18.2. Company Liability.
Unless otherwise indicated expressly in these Terms, our liability regarding products acquired from us shall be limited strictly to the price of purchase of the said product. We shall not accept whatsoever, any other form of liability.
18.3. Warranties/ Limitation of Liabilities.
Due to the open nature of the services and the possibility of errors in storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained by means of the Services.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted or timely.
You agree that from time to time, we may remove the service for indefinite periods of time or cancel the service at any time, without notice.
You expressly agree that your use of, or inability to use the service is at your sole peril.
By using the services, you acknowledge and agree that we are providing the services, including the Site and Apps, on an “as is” “as available” and “with all defaults” basis, without warranty of any kind.
The Restaurant expressly disclaims any and all warranties and conditions of any kind including any warranty or condition of merchantability, title, accuracy, completeness, uninterrupted or error-free service; fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing or trade usage.
We make no promises with respect to, and expressly disclaim all liability for products, services, information, programming, and/or anything else provided by a third party that is accessible to you through the channel.
You covenant that we will not be liable for any indirect, incidental, consequential, special, or exemplary damages, loss of profits, business interruption, reputational harm, or loss of data (even if foreseeable) arising out of or in any way connected with your use of, or inability to use the services.
Your sole remedy for dissatisfaction with the services is to cease the use of the services.
It is understood that the goods are in conformity with the transaction or intended purchase if they comply or nearly comply with the description given by us and possesses the qualities or nearly the qualities that we have presented in all or any of our channels.
If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Customer Care Team as described above and one of our Customer Care Advisers will follow up on your query.
In the event that you are dissatisfied with the quality of any product or the service provided by the Restaurant, please consider providing feedback in the form of comments and reviews on the Website to reflect your experience.
The Review is an important part of our quality control process.
The Customer should also place his grievances before the Customer Care by calling and registering the grievances.
19.4. Complaint Procedure
A dissatisfied Customer shall first lay his complaint to the Restaurant through the Customer Care via calls or text messages. If not resolved within this stage, the Customer shall make formal application to the Restaurant via support@maidenfood.com.ng. Most complains shall be resolved at this stage.
SECTION 20: LEGAL DISPUTES: NEGOTIATION, MEDIATION AND ARBITRATION AGREEMENT FOR USERS.
20.1. Initial Dispute Resolution.
We are available by email at support@maidenfood.com.ng to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. We agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating arbitration.
These Terms and Conditions shall be governed by and construed in all respects in accordance with the laws of the Federal Republic of Nigeria.
In the event of eventual dispute, or disagreement between the parties in relation to these Terms and Conditions, the Parties shall at first, meet to negotiate in good faith to settle the matter amicably.
Where Parties fail to resolve any matter within 60 days, it shall be referred to a sole Arbitrator to be appointed by the parties herein, or in the absence of such agreement, to a sole Arbitrator appointed by the a High Court within the jurisdiction.
The provisions of the Arbitration and Conciliation Act (Cap A18) Laws of the Federation of Nigeria 2004 shall apply to the arbitral proceedings.
The decision of an Arbitrator appointed under this clause shall be final.
SECTION 21: DEFINITIONS
21.1. "Agreement" references these Terms and Conditions, the Privacy Policy, Dispute Resolution, Price Policy, Refund Policy etc or any payment instructions or any other form of agreement we might provide you;
21.2 “Channel” refers to any medium of contact for business between the Restaurant and the Customer.
21.3. “Customer” strictly references the user of our Website, duly registered or subscribed with us.
21.4. "Food Delivery" references perishable goods and any form of delivery service, provided by the Restaurant.
21.5. "Goods" “Services” or “Goods and Services” is a reference to any goods/services which we may offer for sale or supply at our Website or any of our channels as may be requested by you at a given time through our Website, Mobile Application or any other channel made available.
21.6. "Privacy Policy" is a reference to policy accessible on our Website which details how we collect and store your personal data.
21.7. “Platform” refers to the Website, Mobile Application or any other channel with which Maiden Foods operate.
21.8. “Restaurant” references Maiden Foods;
21.9. “Subscriber” references those holding active accounts with us and has paid for the services for a particular duration of time.
21.10. "We", "us", "our", and "Company" are references to the Maiden Foods.
21.11. "Website" is a reference to our Website http://www.maidenfood.com.ng, our mobile Application or any other channel we may employ.
21.12. "You", "your" and "yours" “they” are references to you, the person accessing this Website, and placing the orders for our Services through any channel, Applications, Facebook, WhatsApp, Telegram or any other platform we may choose to offer our goods or services.
21.13 “He” refers to the Customer, whether masculine or feminine at all time.
Every other word not specifically defined is accorded its ordinary usage and meaning.