These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the cafepap.com website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Agreement is legally binding between you (“User”, “you” or “your”) and Café Pap (“Café Pap”, “we”, “us” or “our”).
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or ” “your” shall refer to such entity.
If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and Café Pap, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
1. Accounts and membership
You must be at least 13 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 13 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account.
You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
a) By placing an order through our Website, you enter into an agreement with Café Pap with respect to the processing of that order through our restaurant. This Agreement will remain in full force and effect while you use the Website until termination. Even after your registration is terminated, certain sections of this Agreement will remain in effect
b) Café Pap is responsible for the preparation, quality and delivery of your order and in this regard, you hereby agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering
c) You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you are the legal holder of the card and that you have sufficient funds to make the payment therefrom
d) The pictures of the goods are for presentation only. The ordered goods may have differences (e.g. color, form, etc.) towards the photos existing on the Website. Café Pap is not liable in any way if the description of products is not complete
e) Any Goods and Services which you might buy from this Website are intended for your use only. Resale of any of such Goods and Services or acting as an agent for a third party is forbidden under this agreement. Only when acting as a principal you should contract the Services
f) Please note that some of our Goods may not be suitable for certain age ranges/ Preferences/ Taste and Health status. Please make it sure, by carefully reading product descriptions, that the goods you order are suitable for the recipient
g) When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party
h) Any order that you place in our Website or related platforms is subject to availability, delivery capacity and acceptance by us. Once you place an order online, we will send you a confirmation message on the phone that we have received it. This confirmation message will be produced automatically and will just give you confirmation of your order details so that you can check that all details are correct. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to fill your order. Once we have sent the confirmation message, we will check availability and delivery capacity
i) The confirmation message will specify order number, If the Goods or services are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call
1.3 Prices and Payment
a) The Agreement that’s entered into by virtue of orders made for our goods and services on our Website is between you and the Café Pap. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment
b) All prices listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax and exclusive of delivery charges which shall be communicated after placing your order and shall be based on the distance to the location/ place of delivery of the order. We also reserve the right to alter the Goods or Services available for sale on the Websitec) All prices listed on the Website for our goods and services are updated however, in case the price listed is not current we will immediately contact you after placing the order and you can choose to opt-out of the order
d) The total price for Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made in cash or, if available on the Website, by online payment, e.g., credit or money or debit card
e) If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
f) All prices for our goods and services are in Uganda Shillings.
a) We aim to deliver your orders as close as possible to your requested delivery/collection time but we cannot guarantee delivery on time in all cases. Delivery periods at the time of ordering should be taken into account as approximate only and thus they might vary due to weather conditions or traffic or other unforeseen circumstances. Your order will be sent to the delivery address you stated when placing the order
b) If your order is not delivered within the estimated delivery time quoted by us, please contact the us through our telephone lines or check the Live tracking of your order available on Website. Still, we will take no responsibility for late delivery
c) In case of a late delivery, the delivery charge will neither be voided nor refunded
d) All risk in your order shall pass to you upon delivery
e) If you fail to accept delivery of your order at the time it is ready for delivery, or if we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you
f) You must ensure that at the time of delivery of your order, there are adequate arrangements, including access where necessary to facilitate the delivery. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery
g) We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery
h) Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or opt for delivery to an alternative delivery address at your instruction
a) You must notify Café Pap through a phone call if you decide to cancel your order. Only cancellations that are made and received before the food is prepared shall be accepted and refunded
b) We may cancel an order if such order is not available for any reason. We will notify you if this is the case and return any payment that you have made
c) Once your cancellation is accepted, we will refund your money by either re-crediting your account, debit or credit card with the full amount or by giving you a café Pap voucher equivalent to the amount due for refund, within 21 days of such cancellation. The refund shall include the delivery charge (where applicable) which you may have paid for the delivery of the order
d) In the unlikely event that we deliver a wrong order, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item or you could place another order in place of the wrong one. If we can only do a partial delivery (when a few items might not be available), our staff may call you to inform you of the same and to propose a replacement or for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial or late delivery due to incorrect information, address or instructions from you.
1.6 Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, Café Pap will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
1.7 Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose; or
(j) to interfere with or circumvent the security features of the Website and Services, third-party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
1.8 Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Café Pap or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Café Pap. All trademarks, service marks, graphics, and logos used in connection with the Website and Services are trademarks or registered trademarks of Café Pap or its licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Café Pap or third-party trademarks.
1.9 Limitation of liability
To the fullest extent permitted by applicable law, in no event will Café Pap, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Café Pap and its affiliates, officers, employees, agents, suppliers, and licensors relating to the services will be limited to an amount greater than one dollar or any amounts actually paid in cash by you to Café Pap for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Café Pap and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
1.12 Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Uganda without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Uganda. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Uganda, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
1.13 Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
1.14 Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
1.15 Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to email@example.com.
This document was last updated on MAY 3rd, 2021.