Terms and conditions of use
The capecoastmall.com website is operated by Tonem Multitech . Our mailing address is P. O. Box 123, Cape Coast.
Your use of this website is governed by these terms of use
Your use of this website constitutes your agreement to these Terms of Use. Tonem Multitech reserves the right to update or modify these Terms of Use at any time without prior notice, and your use of this website following any such change constitutes your agreement to the revised Terms of Use.
These Terms and Conditions govern the use of the services offered by Tonem Multitech on the capecoastmall.com website (the “Website”). Please read these Terms and Conditions and the Privacy Policy (the “Privacy Policy”) carefully before using Tonem Multitech’s services or its website.
Your use of Tonem Multitech services or its website constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and Conditions and the Privacy Policy, and your confirmation that you are either at least eighteen (18) years of age or under the supervision of a parent or legal guardian who is at least eighteen (18) years of age.
Use Of Website
By using Tonem Multitech’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.
User Account
You are the sole authorised user of any account you create with Tonem Multitech 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 Tonem Multitech 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 Tonem Multitech believes that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
Within reason, Tonem Multitech 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.
Tonem Multitech 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.
User Submissions
The Tonem Multitech 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 Tonem Multitech to use as it deems fit in any medium and in any territory globally.
All users of the Tonem Multitech 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 Tonem Multitech or any third party; or (iv) impersonates another person. Tonem Multitech reserves the right to remove any submission at its discretion and not least if the submission breaches any of the above listed terms.
Tonem Multitech does not endorse submissions made on its website and Tonem Multitech disclaims any liability in connection with any submission. You accept that by accessing Tonem Multitech’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 Tonem Multitech in relation to this.
Website Content And Pricing
While care is taken to ensure the content published by Tonem Multitech on its website by Tonem Multitech or Sellers/Vendors, 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 Tonem Multitech 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,clothes) 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 will be credited/debited to your Tonem Multitech wallet as the case may be. Actual price of weighed items will be fully visible to you on the website.
In line with this, Tonem Multitech 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
Tonem Multitech 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, Tonem Multitech will ensure that the cancellation of any order is communicated in an appropriate time and manner.
Alcoholic, Tobacco And Other Narcotic Products
Alcoholic drinks, tobacco and other narcotic products are totally banned from being sold and advertised on the website. Vendors/Sellers who may wish to sell these products on the website should consider other alternatives.
Third Party Websites
Tonem Multitech may provide web links to websites owned or operated by third parties. Tonem Multitech 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 Tonem Multitech 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 Tonem Multitech. 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 to 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 Tonem Multitech.
Trademarks And Copyrights
This website is owned, controlled and operated by Tonem Multitech. 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 Tonem Multitech’s 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 Tonem Multitech, 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.
Territorial Use
Tonem Multitech offers no guarantee that items on the Tonem Multitech website are appropriate or available for use in locations outside Ghana, and accessing the capecoastmall.com 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 Tonem Multitech’s website is done in accordance with applicable local laws.
Applicable Law
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.
Indemnity
You hereby indemnify and hold harmless Tonem Multitech, its owners, licensees, affiliates, subsidiaries and their respective officers, directors, agents, and employees, against any losses, claims, actions, costs, damages, penalties, fines and expenses including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.
Termination
At Tonem Multitech’s discretion and without prior notice to you, Tonem Multitech may suspend or terminate your access to the capecoastmall.com website.
Upon any termination of your access to the website, you shall immediately cease all access to and use of the 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 Tonem Multitech in operating the website, your sole and exclusive remedy is to discontinue using the website.
Delivery Periods
For your convenience, we offer a number of periods in which we expect to deliver your order. You may refer to our delivery policy for details on it. In the event that there is a delay to delivering your order within the exact time periods, you will be notified as much in advance as is possible. Ultimately, the delivery periods 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 periods, unless the seller/vendor is located outside Cape Coast or Its environs or the vendor/seller has stated the delivery period on their store, Or the buyer is outside Cape Coast or its environs. Whatever the issue may be, there would be communication between ourselves and the parties involved. That said, majority of our customers’ orders are delivered within their stipulated delivery periods 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 email and phone number as means of us communicating with them. 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 periods. 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 period.
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 team 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 team will bring the order to any floor you’re on. If, however, the building has no elevator, the highest floor the team 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 fridge and generator the team will only walk up to the 1st floor (assuming the ground floor is the 1st floor) if the building has no elevator.
Meeting Our Delivery Team
In order to enable our delivery team effect timely deliveries, they are mandated to wait a maximum of 10 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 10 minutes, the team will leave and another delivery attempt may be made which may be subject to an extra charge. Also note that Tonem Multitech 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.
Cancellations
Any time a customer orders from the website, the vendors/sellers responsible for the ordered product(s) are being not notified immediately on their respective dashboards tied to their account on the website. They begin processing them immediately. And because we do not hold our own inventory but our sellers/vendors do, it is important for the customer to contact the seller/vendor for further details about the product (If need be) on the purchase they are making before they checkout.
Once an order has been placed and paid for, Tonem Multitech is unable to accept any cancellation of the order. Neither is Tonem Multitech able to process a refund (either to the customer’s Tonem Multitech wallet or their bank account). This, however, does not affect customers’ rights to a refund in the event that an ordered item is unavailable.
Returns
If we deliver an incorrect or damaged item (damage that has been caused by us or our sellers/vendors), 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 team 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 Tonem Multitech will be unable to accept any returns. Unless the seller/vendor agrees to it as part of their warranty to the product being sold, such as electrical and electronic items. For this reason, we ask customers to carefully check and confirm the accuracy of their order with the delivery team before acknowledging receipt by signing. Tonem Multitech 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 Tonem Multitech as a return. Please note that items delivered to our customers
Refunds
It is the sole responsibility of our vendors/sellers to update their stock and provide accurate information on their products on the website. If an item you ordered is unavailable and payment is made, 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 Tonem Multitech Wallet. 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
Tonem Multitech 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 Tonem Multitech may have incurred. Tonem Multitech 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, TONEM MULTITECH DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL TONEM MULTITECH, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SELLERS 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).