Terms & Conditions

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Terms & Conditions

Updated: June 2020

Nkwa Dua’s products and services are available only to parties who accept the terms and conditions outlined in this Agreement. If you do not accept the terms of the Agreement in its entirety you are not authorized to engage with Nkwa Dua in any way including but not limited to contacting any staff members in their official staff capacity, viewing content, holding an account, placing orders, consuming food nor beverages, utilizing products nor services, calling, chatting, emailing, nor using the app/website in any form.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

These terms and conditions (this “Agreement”) govern when you: (a) access or use any Nkwa Dua digital platform including the website, email, social media and other online platforms (collectively, the “Site”); (b) access or use the Nkwa Dua mobile application (the “App”); (c) access and/or view any of the video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the Site and/or in the App (collectively, “Content”); (d) sign up to receive Nkwa Dua meal delivery subscription service (the “Nkwa Dua Meal Subscription Service”), and/or any other food items (“Dietary Options”) or services offered by Nkwa Dua from time to time (collectively, with the Nkwa Dua Subscription Service, the “Nkwa Dua Service”); (e) access links to Nkwa Dua’s social media pages/accounts on third-party social media websites or mobile or other platforms, such as Abibitumi®, Whatsapp®, Tic Tok®, Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”); (f) enter one of the contests and/or other promotions offered or conducted by Nkwa Dua from time-to-time (collectively, “Promotions”); and/or (g) utilize the many interactive features of the Site and/or App designed to facilitate interaction between you, Nkwa Dua and other users of the Site and App, respectively, including, but not limited to, blogs and associated comment sections located in designated areas of the Site and App, as applicable (collectively, the “Interactive Services” and together with the Site, App, Content, Nkwa Dua Service, Social Media Pages and Promotions, the “Nkwa Dua Offerings”);attend live or virtual events hosted by or featuring participation of Nkwa Dua. By using the Nkwa Dua Offerings, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement and have read and understood our Privacy Policy. Further, you agree to enter into a legal binding agreement with Nkwa Dua. Please do not access or use the Nkwa Dua Offerings if you are unwilling or unable to be bound by this Agreement. The Nkwa Dua Offerings are based and operated in the Greater Accra area of Ghana. We make no claims concerning whether the content may be available, downloaded, viewed, or be appropriate for use outside of Ghana. If you access the Service or the Content from outside of Ghana, you do so on your own initiative and at your own risk. Whether inside or outside of Ghana, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

We may revise this Agreement from time to time at our sole discretion without notice. When changes are made, we will make the revised version available on our Site and will indicate the date that revisions were last made. You should revisit this Agreement regularly as revised versions will be binding on you. Any such modification will be effective upon our posting of new terms and conditions. You are responsible for staying informed of any changes and are expected to check this page from time to time so you are aware of any changes. You understand and agree that your continued access to or use of the Nkwa Dua Offerings after any posted modification to this Agreement indicates your acceptance of the modifications. If you do not agree with the modified terms and conditions, you should stop using the Nkwa Dua Offerings.

Eligibility

By using the Nkwa Dua Offerings, you represent that you are at least eighteen (18) years of age (or the applicable age of majority if greater than eighteen (18) years of age in your jurisdiction), and have the requisite power and authority to enter into the Agreement and perform your obligations hereunder.

Registration

During the registration process, you will be asked to create an account and establish a password. Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information. Providing false or inaccurate information constitutes a breach of contract. Please read our Privacy Policy on how this information will be used. You are responsible for maintaining the confidentiality of your account password and you are responsible for all activities that occur in connection with your account made by you or anyone you allow to use your account. You agree to safeguard your account password from access by others. You agree to indemnify and hold harmless Nkwa Dua for losses incurred by Nkwa Dua or another party due to someone else using your account or password. Nkwa Dua has the right to disable any user name, password, or other identifiers, whether chosen by you or provided by Nkwa Dua, at any time, in its sole discretion for any or no reason, if, in our opinion, you have violated any provisions of this Agreement.

Nkwa Dua reserves the right to withdraw or amend the Nkwa Dua Offerings, and any service or material we provide on the Site or Social Media Pages, in its sole discretion without notice. Nkwa Dua will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, Nkwa Dua may restrict access to some parts of the Nkwa Dua Service, or the entire Nkwa Dua Service, to users, including registered users.

Telephone Calls and SMS Text Messages

Upon registration for an account, you will be asked to provide us with a telephone number at which we can reach you. That number is required for delivery and so that Nkwa Dua can reach you with informational calls related to your transactions. The frequency of text messages that we send to you depends on your transactions with us and you consent to receive text messages sent through an automatic telephone dialing system. All calls to and from Nkwa Dua may be monitored or recorded for quality and training purposes.

If you elect to receive text messages about your account, we may also send you promotional text messages and you consent to receive recurring SMS text messages sent through an automatic telephone dialing system. This service is optional and is not a condition of purchase. You can opt-out of receiving SMS messages at any time by texting STOP in response. Message and data rates may apply. We will treat data collected through text messages per our Privacy Policy.

All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. If you wish to opt-out of such text messages, you may do so by following the “opt-out” instructions in the text message, or by editing your account settings. Message and data rates may apply. We will treat data collected through text messages in accordance with our Privacy Policy.

 

Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not use the Website to:

    • Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
    • Act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, hateful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
    • Post or otherwise submit to us any User Content that we determine in our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, intimidating, violent, encouraging of violence, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise discriminatory; (ii) is derogatory or harmful to Nkwa Dua’s reputation; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, physical or mental handicap or on any other basis.
    • Post or otherwise submit to us any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
  • Post or otherwise submit to us any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
  • Post or otherwise submit to us any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
  • Post or otherwise submit to us any User Content for which you have not obtained all necessary written permissions and releases;
  • Misrepresent any fact (including without limitation your identity);
  • Post or otherwise submit to us any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
  • Exceed your authorized access to any portion of the Website;
  • Collect or store personal data about anyone;
  • Modify without permission any part of the Website;
  • Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
  • Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
  • Use any robot, spider, scraper, or other automated means to access the Website for any purpose;
  • Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
  • Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or bypass any measures we may use to prevent or restrict access to the Website.

Access Warrant

By engaging with the Site or placing an order through our Platforms, you warrant that:

  • You are legally capable of entering into binding contracts;
  • You are at least 18 years old;
  • You are a resident of Accra, Ghana; and
  • You are accessing our Website from Accra, Ghana.

Nutrition, Dietary Restrictions, and Allergy Information

Blog posts and other Content on the Site or in the App may contain recipes, meal recommendations, dietary advice (collectively, the “Dietary Advice”) and the food products delivered in connection with the Nkwa Dua Service (collectively, the “Dietary Options”) will contain various ingredients. You should always consult with your physician or other healthcare professional before adopting any Dietary Advice or partaking in any Dietary Options, whether offered by and through the Nkwa Dua Offerings or otherwise. The Dietary Advice and/or Dietary Options may include ingredients that you are allergic to. You should always check the ingredients associated with any Dietary Advice and Dietary Options to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health events, promptly contact your health care provider.

By engaging with the offerings you are agreeing that consulted with your health care provider as advised. Please note that the terms “health,” healthy,” “healthful,” are comparative terms. These terms are comparatives of “junk foods” with no nutritional value and terms are not absolute declarative nutritional statements. The ingredient descriptions and associated health properties are for entertainment purposes only. For detailed nutritional information and to understand how any meals or their composite ingredients may impact your health please seek the advice of a nutritionist or your health care provider. Nkwa Dua will not be responsible for any loss or damage resulting from your reliance on nutritional information, nor for ensuring that whatever foods you purchase or consume are in accordance with your respective dietary needs, restrictions or preferences. Please note that excluding categories from your profile does not guarantee that your meals will exclude certain food product ingredients that may contain those products. As such, you should always check the ingredients associated with any products that you receive from Nkwa Dua to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or another adverse health event, promptly contact emergency services or your health care provider. If you have food allergies or sensitivities, we recommend not using any of the food offerings as Nkwa Dua as Nkwa Dua does not guarantee complete segregation of any ingredients on the menu.

Food Substitution Policy

Although Nkwa Dua takes every reasonable measure to have sufficient inventory to fill your order, the availability of Dietary Offerings may change without notice. Nkwa Dua is not responsible for the unavailability of products due to popular demand, whether discontinued or still in production.

In the completion of orders, Nkwa Dua reserves the right to substitute a similar product. Substituted food items may contain different ingredients and allergens than those in items originally ordered. Before consumption, please be sure to carefully check all individual product packages for the most updated information regarding ingredients and nutritional content for any/all of Nkwa Dua’s food products, including new and improved items, if you have any food allergies or if you are otherwise concerned about any particular ingredients.

Please Note: Nkwa Dua’s food items may contain or may have been manufactured in a facility that also processes: dairy, wheat, gluten, eggs, fish, shellfish, soy, and tree nuts.

Food Safety Considerations

You are responsible for the safe handling of all Dietary Options made available through Nkwa Dua’s Sites and Platforms upon delivery. As per this agreement you warrant that you will immediately inspect all Dietary Options you receive from us for any damage or other issues, and to determine freshness upon delivery. Photos of the food should be taken and sent within 24 hours. of the arrival of your receipt of the delivery. Nkwa Dua Offerings are kept in a suitable environment before transit, but cannot guarantee handling during delivery. Therefore, upon receiving your Nkwa Dua order, you should always promptly inspect your delivery to confirm that the meal ingredients arrive in an appropriate condition, and its contents are not otherwise visibly damaged.

To maintain the quality and safety of the Dietary Options, we recommend that you immediately refrigerate all perishable Dietary Options upon delivery We also recommend that you wash all fresh produce under running water before using. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly, and individuals with compromised immune systems should follow the recommendations on food consumption for at-risk groups.

 

While Nkwa Dua takes precautions to reduce the risk of cross-contamination between ingredients and food products, cross-contamination may unintentionally occur during production and transit which may cause meals or other Dietary Options offered in connection with the Nkwa Dua service to contain some or all of those allergens. Soy, gluten, and wheat are allergens that are commonly found in many ingredients, especially some of the sauces that may be used in the Nkwa Dua recipes. If you suspect that you have an allergic reaction or another adverse health event, immediately contact your health care provider. In addition, due to the variable nature of ingredient availability, nutritional information provided by Nkwa Dua may differ from the nutritional information published.

Subscriptions

Nkwa Dua is a monthly subscription service. You may modify your subscription (e.g., the number of meals per week or the number of servings), pause your subscription, skip a week, change your payment method or cancel your account at any time online (while logged into your account) or by sending a request by email to support@nkwadua.com. Such requests will not affect charges submitted before Nkwa Dua could reasonably act on such requests. If you pause your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Your monthly subscription is considered final after you place your first order for the month. Your weekly order is considered final by noon GMT on Tuesday before the following week’s delivery (the “Deadline”), and therefore you must pause, skip or cancel before the Deadline to not be charged for such order. You can resume or re-subscribe at any time after you pause your subscription or cancel your account, respectively, but we reserve the right not to permit re-subscription where we have previously elected to terminate your subscription.

We reserve the right in our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

After placing your first order through our standard order form on this Website, you will see in your online account profile how much you were charged for such order. You will be charged for subsequent orders at the Deadline for each such order, at which time each such order will be considered final. If you elect to skip a week or weeks, that does not permanently pause or cancel your subscription. If you do not return to the Website or email support@nkwadua.com to skip additional weeks or take additional action, you will receive and be billed for the month that you have not skipped by the 25th of the previous month.

Your order will cover only the Offerings whose dispatch we have confirmed in your account or via email notification. We will not be obligated to supply any other Dietary Options that may have been part of your order unless the dispatch of such Dietary Options has been confirmed in a separate confirmation.

Nkwa Dua Billing

When you first sign up for a monthly subscription to a Nkwa Dua Plan (a “Plan”), you are charged for the first month of service prorated for the remaining weeks, or portions thereof in the calendar month. All Plans are continuous subscription plans, and you will be charged or submit the applicable price listed for the Plan that you select on the 25th of each month for the upcoming calendar month. If you wish to modify or cancel your subscription to a Plan, you can do so at any time as described in the “Modify or Cancel” a Subscription” and “Refunds” section below; however, except as otherwise noted below, any amounts charged to or paid by you before such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged.

If you modify or cancel a subscription to a Plan before receiving your first order, your first order may or may not be modified or canceled related to amounts paid may or may not be refunded to you, depending on factors including the status of your farm fresh delivery, meals in our production process, and any promotions applied. You will be notified at the time of cancel if any of your charged orders will be canceled and refunded, To

If you choose to cancel after receiving your first order, you acknowledge that any amounts charged to or paid by you before such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged.

To avoid being charged for placed orders that you no longer wish to receive in the event of a subscription cancellation, you must cancel prior to the date when you are to be charged for your next order, which is typically on or about the 25th of the month.

You acknowledge that the per meal pricing is discounted 80% of the regular retail value and once have subscribed you have committed for the month to the weekly delivery service for all of the produce, foodstuffs, supplies, and all items at a discount. Nkwa Dua reserves the right to charge the full price of previously sold meal items for the period when monthly orders are canceled or terminated midmonth.

Nkwa Dua may change the price of a Plan, introduce new Plans, or remove Plans from time to time, and will communicate any price or Plan changes to you in advance in accordance with the “Notice” section of this Agreement. Price and Plan changes will take effect as of the next billing period following the date on which Nkwa Dua provided notice to you of the price or Plan change. By continuing to use the Nkwa Dua Service after the effective date of a price or Plan change, you indicate your acceptance of such price or Plan change. If you do not agree with a price or Plan change, you have the right to reject the change by canceling your subscription(s) prior to the effective date of the price or Plan change. Please make sure that you read any notifications of price or Plan changes carefully.

Applicable sales tax may be charged on your order based on local and state laws.

You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account based on your delivery status as of the specified deadline. Your liability for such charges shall continue after termination of this Agreement.

Please immediately notify us of any unauthorized use of your account or any other breach of security by emailing us at support@nkwadua.com.

WHEN YOU REGISTER FOR THE NKWA DUA SUBSCRIPTION SERVICE (AND EACH TIME YOU CHANGE YOUR PLAN) YOU EXPRESSLY AUTHORIZE AND AGREE THAT Nkwa Dua AND/OR OUR THIRD PARTY PAYMENT PROCESSOR IS AUTHORIZED TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD (AS DEFINED BELOW) ON A MONTHLY, RECURRING BASIS IN AN AMOUNT EQUAL TO THE THEN-EFFECTIVE RATE FOR YOUR PLAN, TOGETHER WITH ANY APPLICABLE TAXES AND SHIPPING (the “PLAN RATE”), FOR AS LONG AS YOU CONTINUE TO USE THE NKWA DUA SUBSCRIPTION SERVICE, EXCEPT ON WEEKS YOU CHOOSE TO SKIP PRIOR TO THE SPECIFIED DEADLINE OR UNLESS YOU CANCEL YOUR NKWA DUA SUBSCRIPTION SERVICE IN ACCORDANCE WITH THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT Nkwa Dua WILL NOT OBTAIN ANY ADDITIONAL AUTHORIZATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. IN ADDITION, YOU AUTHORIZE US (AND/OR OUR THIRD-PARTY PAYMENT PROCESSOR) TO CHARGE YOUR PAYMENT METHOD FOR ANY ADDITIONAL Nkwa Dua OFFERINGS PURCHASED BY YOU FROM TIME TO TIME OUTSIDE OF OR IN EXCESS OF YOUR PLAN, PLUS ANY APPLICABLE TAXES AND SHIPPING. EVERY TIME THAT YOU USE THE Nkwa Dua SUBSCRIPTION SERVICE, YOU RE-AFFIRM THAT Nkwa Dua IS AUTHORIZED TO CHARGE YOUR PAYMENT METHOD AS PROVIDED IN THE AGREEMENT, AND TO HAVE ALL APPLICABLE FEES AND CHARGES APPLIED TO SAME.

Modify or Cancel a Subscription

You may cancel or email support@NkwaDua.com or update your existing subscription forms to modify your subscription. Foodstuffs and supplies for upgrade requests are subject to availability.

Once you have subscribed, you have committed for the month to the weekly delivery service for all of the produce, foodstuffs, supplies, and all items at a discount. You may modify or cancel a subscription to a Plan at any time online by managing your account at Nkwa Dua.com, or by emailing us at support@NkwaDua.com.

Please refer to the “Billing” and “Refunds” sections for related Terms and Conditions.

Canceling your subscription does not automatically cancel your online account and account history access. If you wish to cancel your online account, email support@NkwaDua.com

Online Displays and Descriptions

We make reasonable efforts to display, as accurately as possible, the appearance of our Dietary Options. However, the actual colors, sizes, and appearance you see depend on your monitor or device as portion sizes, lighting, substitutions, and other factors may vary, you agree that the Content and photos displayed are for reference purposes only and are not a guarantee of what Offerings will look like once received.

Shipping

We use third-party carriers to deliver your food packages and provide you with tracking information for every package. You must provide us with the proper shipping information and any special instructions that the delivery driver may need

Vouchers and Gift Cards

We may offer gift cards, discount promotions, referral credits, and other types of vouchers (“Voucher”) which must be activated by online application in order for the holder to commence delivery of Dietary Options through a service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these Terms and Conditions will become applicable as between us and the holder of the Voucher (“Holder”) when the Holder redeems the Voucher by applying for a service to commence.

A Voucher may be used only once by its Holder and may not be copied, reproduced, distributed, transferred, sold, or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

There is no cash value to any discount or referral credit received through a promotional offer. We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.

Vouchers may be redeemed only through our Website and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and the use of such code will be deemed to confirm your agreement to these Terms and Conditions and any special conditions attached to the Voucher.

Vouchers are subject to the terms and conditions thereon. Unless otherwise explicitly stated, all promotional discounts may not be combined with any other offers, are valid for new customers only, and are limited to one per household address.

Referrals

You agree that if you participate in the Nkwa Dua referral program you will do so with your personal connections only via email, your own social media accounts, and personal blogs where you are the primary content owner. Public distribution on sites where you are not the primary content owner, spamming, e.g. Nkwa Dua’s social media pages and coupon websites, is not allowed. We reserve the right to suspend your account and/or revoke any referral credits at any time if we believe that your credits were inappropriately earned.

Risk and Title

Once the Dietary Options are delivered to you, ownership and the risk of loss passes to you. Following delivery, you, and not Nkwa Dua, are solely responsible for the proper and safe washing, preparation, storage, and cooking of the Dietary Options. By ordering any of our Dietary Options, you agree to use our Dietary Options at your own risk.

Price and Payment

The prices for our Dietary Options and delivery, if any, will be as quoted on this Website from time to time, except in cases of obvious error, and include applicable taxes. Our prices may change from time to time, but changes will apply only to orders that are confirmed after the changes are stated on our Website.

Payments must be made by payment card, debit card, or the Nkwa Dua designated Mobile Money as stated on the Nkwa Dua website. We reserve the right to change the available payment methods at any time. When you sign up for a new subscription, we will immediately charge your credit or debit card. Thereafter, we will not charge your credit or debit card for delivery until after the cancellation deadline for that particular delivery.

Although we make reasonable efforts to provide accurate pricing information and Dietary Options descriptions, pricing mistakes, typographical errors, or mistakes regarding availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the Website is 100% accurate. If a Dietary Option is listed at an incorrect price or description is inaccurate, we have the right, in our sole discretion, to reject any order or to cancel any orders placed for that Dietary Option. In those circumstances, if your payment method has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.

Order Limitations

We reserve the right to limit, in our sole discretion, the quantities of any of the Dietary Options that may be purchased on a per person or per order basis.

Events Outside Our Control.

We will not be liable or responsible for any failure to perform or for any delay in performance of any of our obligations under an order that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lock-outs or other industrial action;
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • Government shutdowns
  • Government imposed curfews
  • Impossibility of the use of public or private telecommunications networks; and
  • The acts, decrees, legislation, regulations, or restrictions of any government.

Our performance under any order is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under the order may be performed despite the Force Majeure Event.

 

 

Availability and Delivery

Meal items are subject to ingredient availability. (See Substitutions section.) You may opt to have your order delivered to your primary residence and one consistent secondary location (example an office). You must confirm to which location your subscription order will be delivered through the online confirmation form. Nwka Dua is not responsible for attempted deliveries when the confirmation form is not submitted or correctly completed. You can request delivery windows. Delivery windows are not guaranteed.  You agree to be at your designated location on the day of delivery during our normal posted business hours to receive your deliveries.  If you are unavailable or unreachable on your day of delivery you may be charged a food storage fee for overnight holds each day your special request items are on hold. You are responsible for all additional delivery fees for failed delivery attempts. If you or a representative at your location refuses delivery, Nkwa Dua reserves the right to cancel your weekly order and collect a fee for processing. Nkwa Dua is not responsible for items left in storage after the close of business. Nkwa Dua is not responsible for the condition of food once it leaves the property in customer coordinated third party transportation services.

Customers are responsible for coordinating and paying for all delivery and transportation fees except during explicitly stated promotional deliveries. Customers are responsible for all delivery fees above the included promotional rates.

Your order will be fulfilled by the delivery date provided in the confirmation, absent the occurrence of a Force Majeure Event. If there is a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries; however, we reserve the right to refund you for all or part of any such compromised or failed deliveries as we see fit.

 

Our Refund Policy

For monthly subscriptions, you acknowledge that the per meal pricing is discounted 80% of the regular retail value and once have subscribed you have committed for the month to the monthly delivery service at the for all of the produce, foodstuffs, supplies, and all items at a discount. Nkwa Dua reserves the right to charge the full price of previously sold meal items for the period when monthly orders are canceled or terminated midmonth. After you begin a monthly subscription you any amounts charged to or paid by you before such cancellation or modification will not be refunded, and cancellations or modifications may not impact any order for which you have already been charged, depending on the status of the order.

acknowledge that you may update accept delivery of Dietary Options from us, if you are not 100% satisfied with the Dietary Options (because it is defective or otherwise), you may request a Nkwa Dua credit redeemable through your account for the future purchase of a Product of equal value thereto (a “Credit”) or a refund therefor within seven days of delivery by sending an email to support@nkwadua.com. If part of a Product is defective, we reserve the right to decide in our discretion whether we will provide you with (A) a Credit or a refund in an amount equal to the value of the defective portion(s) or (B) a Credit or a full refund in an amount equal to the full value of the Product. The full refund option does not apply to orders larger than 100 Ghana Cedis and we reserve the right to reject requests deemed to be fraudulent.

If you refuse delivery of a Product from us because you skipped, paused or canceled the order prior to the Deadline for that order, and you are able to provide documentary evidence of such skip, pause or cancelation (for instance, a time-stamped email), we will process a Credit or a full refund (including any applicable delivery charges) as soon as practicable and, in any case, within 30 days of your cancelation request.

If you refuse delivery of a Product from us for any other reason, we will notify you within a reasonable period whether you are entitled to a Credit or a refund (and, if so, the amount) by phone or e-mail. If we determine that you are entitled to a Credit or a refund, we will process such Credit or refund within 30 days of communicating our decision to you.

We usually provide refunds using the same method that you used to pay for your purchase.

App

You shall be responsible, at all times, for ensuring that you have an applicable device and/or other equipment and service necessary to access the Site. Nkwa Dua does not guarantee the quality, speed, or availability of the Internet connection associated with your device. Nkwa Dua does not guarantee that the Site can be accessed: (a) on all devices; (b) through all wireless service plans; and/or (c) in all geographical areas. Standard messaging, data, and wireless access fees may apply to your use of the Site, chat features, and forms. You are fully responsible for all such charges and Nkwa Dua has no liability or responsibility to you, whatsoever, for any such charges billed by your Internet service provider or wireless carrier.

The Nkwa Dua Offerings are subject to, and you agree that you shall at all times comply with, all local, state, national and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Nkwa Dua Offerings. You agree not to use the Nkwa Dua Offerings: (a) for any commercial purposes; or (b) to conduct any business or activity, or solicit the performance of any activity, which is prohibited by law or any contractual provision by which you are bound.

Content

The Site and App contain Content which includes, but is not limited to, information pertaining to the Nkwa Dua Offerings, as well as regularly updated blog posts and third party links. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein, and on the Site and in the App.

Interactive Services

Subject to the restrictions set forth herein, the Interactive Services will allow users to participate in comment sections and other interactive areas of the Site and/or App. Each user agrees to use the Interactive Services in full compliance with all applicable laws and regulations. Each user shall be solely responsible for her/his comments, opinions, statements, feedback, and other content (collectively, “Feedback”) posted by and through the Interactive Services. You understand and agree that Nkwa Dua shall not be liable to you, any other user or any third party for any claim in connection with your use of, or inability to use, the Interactive Services. Nkwa Dua does not monitor the Feedback submitted by users and operates the comment sections of the Site and App as a neutral host. Interactive Services contain Feedback that is provided directly by users. You agree that Nkwa Dua shall have no obligation and incur no liability to you in connection with any Feedback appearing in or through the Interactive Services. Nkwa Dua does not represent or warrant that the Feedback posted through the Interactive Services is accurate, complete, or appropriate. Nkwa Dua reserves the right to remove any Feedback from the Site and/or App at any time and for any reason, in Nkwa Dua’s sole discretion.

You agree to use the Interactive Services in a manner consistent with any applicable laws and regulations. In connection with your use of the Interactive Services and other of the Nkwa Dua Offerings, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in unauthorized advertising to, or commercial solicitation of, other users; (g) transmit any chain letters, spam or junk e-mail to other users; (h) express or imply that any statements that you make are endorsed by Nkwa Dua, without Nkwa Dua’s specific prior written consent; (i) harvest or collect personal information of other users whether or not for commercial purposes, without their express consent; (j) use any robot, spider, search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the App, Site and/or their respective content; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained in the App and/or Site; (m) interfere with or disrupt the App, Site and/or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to mobile networks; (p) “frame” or “mirror” any part of the App and/or Site without Nkwa Dua’s prior written authorization; (q) use metatags or code or other devices containing any reference to any Nkwa Dua Offerings in order to direct any person to any other mobile application or website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Nkwa Dua Offerings or any software used in or in connection with Nkwa Dua Offerings. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to the App and/or Site without notice, in the sole discretion of Nkwa Dua. Nkwa Dua reserves the right to pursue any legal remedies against users that engage in the aforementioned prohibited conduct.

By submitting or posting content to the Interactive Services, you grant Nkwa Dua, its directors, officers, affiliates, subsidiaries, assigns, agents, and licensees the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote any posted content in any medium. Once you submit or post content to the Interactive Services, Nkwa Dua will not give you any right to inspect or approve uses of such content or to compensate you for any such uses. Nkwa Dua owns all right, title, and interest in any compilation, collective work or other derivative work, whether or not created by Nkwa Dua, using or incorporating Content posted to the Interactive Services. For more information, please review Nkwa Dua’s Privacy Policy.

You are solely responsible for anything you may post on the Interactive Services. Nkwa Dua will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Interactive Services.

Nkwa Dua is not responsible for and does not endorse, content in any posting made by other users on the Interactive Services. You are solely responsible for your reliance on anything posted by another user on the Interactive Services. Under no circumstances will Nkwa Dua be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you or any third party in connection with the use of or reliance on any content posted by a third party on the Interactive Services. If you become aware of any misuse of the Sites by any person, please contact Nkwa Dua at support@Nkwa Dua.com.

If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. Nkwa Dua has the right to remove any user contributions from the Interactive Services for any or no reason. Nkwa Dua reserves the right to take necessary legal action against users.

Nkwa Dua may disclose user information including personal identity and other personal information to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. Nkwa Dua has the right to cooperate with any law enforcement authorities or court order requesting or directing Nkwa Dua to disclose the identity or other information of anyone posting any materials on or through the Interactive Services.

YOU WAIVE AND HOLD NKWA DUA HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NKWA DUA, DURING OR AS A RESULT OF ITS INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY NKWA DUA, LAW ENFORCEMENT AUTHORITIES OR OTHER THIRD PARTIES.

Nkwa Dua does not undertake to review any materials before you have posted them on the Interactive Services and cannot ensure prompt removal of objectionable material after it has been posted. Nkwa Dua assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Nkwa Dua shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Nkwa Dua has the right to terminate your account and your access to the Interactive Services for any reason, including, without limitation, if Nkwa Dua, in its sole discretion, considers your use to be unacceptable. Nkwa Dua may, but shall not be under any obligation to, provide you a warning prior to termination of your use of the Interactive Services.

Nkwa Dua Intellectual Property

The Site, App, and all associated Content, design, text, graphics, and interfaces; as well the collection, selection, and arrangement thereof; and all associated software (collectively, the “Nkwa Dua Materials”), are the sole and exclusive property of, or duly licensed to, Nkwa Dua. The Nkwa Dua Materials are copyrighted as a collective work under the laws of the United States and other copyright laws. Nkwa Dua holds the copyright in the collective work. The collective work includes works which may be the property of other members. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the material from the different areas of the Site and/or App solely for your own non-commercial use, unless otherwise permitted (e.g., in the case of electronic coupons, etc.). Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Site and/or the App.

The Nkwa Dua Materials (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Nkwa Dua or its affiliates, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

This Agreement permits you access to the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site and/or the App.

You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, and (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site and/or the App. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site and/or the App.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Nkwa Dua. Any use of the Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

Trademarks

The Nkwa Dua name, logo and all related names, logos, product and service names, designs and slogans are trademarks of Nkwa Dua Inc. or its affiliates or licensors. You must not use such marks without the prior written permission of Nkwa Dua. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered trademark of Pinterest, Inc. (“Pinterest”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Snapchat® is a registered trademark of Snapchat, Inc. YouTube® is a registered trademark of Google, Inc. (“Google”). Please be advised that Nkwa Dua is not in any way affiliated with Facebook, Google, LinkedIn, Pinterest or Twitter, and the Nkwa Dua Offerings are not endorsed, administered or sponsored by any of those parties.

Policy/DMCA Compliance

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Nkwa Dua (as set forth below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number, and e-mail address.

A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information by mail to Nkwa Dua, nkwaduavegan@gmail.com Legal Department. In an effort to protect the rights of copyright owners, Nkwa Dua maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Changes to the Site

Nkwa Dua may update the content on the Site/and or the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and Nkwa Dua is under no obligation to update such material.

Information About You and Your Visits to the Site and/or the APP

All information we collect on this Site is subject to our Privacy Policy. By using the Site and/or the App, you consent to all actions taken by Nkwa Dua concerning your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through this Site or other transactions for the sale of goods or services or information formed through the Site or as a result of visits made by you are governed by this Agreement.

Additional terms and conditions may also apply to specific portions, services, or features of the Site and/or the App. All such additional terms and conditions are hereby incorporated by this reference into this Agreement.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Nkwa Dua has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Nkwa Dua, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Nkwa Dua. Nkwa Dua is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Warranties

THE NKWA DUA OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED STATUTORY OR OTHERWISE, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, NKWA DUA MAKES NO WARRANTY THAT THE NKWA DUA OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE Nkwa Dua OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NKWA DUA WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE NETWORK CONNECTION ASSOCIATED WITH THE NKWA DUA OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NKWA DUA OR OTHERWISE THROUGH OR FROM THE NKWA DUA OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. WITHOUT LIMITING THE FOREGOING, NKWA DUA DOES NOT ENDORSE USER CONTENT OR FEEDBACK AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY FEEDBACK.

Nkwa Dua makes no warranty as to the reliability, accuracy, timeliness, usefulness, adequacy, completeness or suitability of the Site and/or the App. Nkwa Dua cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. Nkwa Dua cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties. Nkwa Dua cannot and does not guarantee or warrant that any content you post on the Site will remain on the Site and/or the App. Nkwa Dua does not warrant or guarantee that the functions or services performed on the Site will be uninterrupted or error-free or that defects in the Site will be corrected.

Nkwa Dua may disable all or any social media features and any links at any time without notice in our discretion.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NKWA DUA IS TO DISCONTINUE YOUR USE OF THE SITE. NKWA DUA, NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY,” NKWA DUA PARTIES”) SHALL BE LIABLE TO YOU OR THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, (EVEN IF Nkwa Dua OR THE APPLICABLE NKWA DUA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE Nkwa Dua OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE Nkwa Dua OFFERINGS; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR ACCOUNT INFORMATION; (D) THE FAILURE TO REALIZE ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME; AND/OR (E) ANY OTHER MATTER RELATING TO THE NKWA DUA OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE NKWA DUA AND THE NKWA DUA PARTIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS OVER THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF NKWA DUA TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE AS SET FORTH IN THE DISPUTE RESOLUTION PROVISIONS OF THESE TERMS AND CONDITIONS. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE NKWA DUA OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR NKWA DUA MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE SUBJECT CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NKWA DUA. ACCESS TO THE NKWA DUA OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, NKWA DUA’S AND ‘THE NKWA DUA PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

 

Indemnification

You agree to indemnify, defend, and hold Nkwa Dua, its officers, directors, employees, shareholders, affiliates agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your use of the Nkwa Dua Offerings or your use of any information obtained from the Nkwa Dua Offerings.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws Greater Accra, Ghana, without regard to its conflict of laws rules.

Resolving Disputes — Arbitration

Most customer concerns can be resolved quickly and to the customer’s satisfaction BY calling our customer service department with contact information as shown on the Contact Us page of NkwaDua.com. If Nkwa Dua’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if Nkwa Dua has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small-claims court instead of in courts of general jurisdiction.

All disputes or claims that arise under or related to this Agreement (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) will be resolved either in small claims court or by individual arbitration. Unless you and Nkwa Dua agree otherwise, any arbitration hearings will take place in the region of the Nkwa Dua headquarters. Nkwa Dua agrees that it will pay a consumer’s filing fee FOR the arbitration.

You agree to arbitration on an individual basis. In any dispute,   NEITHER CUSTOMER NOR Nkwa Dua SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIMS AS A REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).

The arbitrator shall be empowered to grant whatever relief would be available in a court under law. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

You may elect to opt-out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms and Conditions by doing the following. Within 15 days of creating your Nkwa Dua account, you must send a letter to Nkwa Dua, Attn: Legal Department an email to support@nkwadua.com including; (1) your name, (2) your account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms and Conditions. All other Terms and Conditions shall continue to apply to you and your account, including the requirement to participate in pre-dispute mediation.

 

Termination of Service

You agree that Nkwa Dua may, without prior notice, immediately terminate, limit your access to, or suspend your account based on any of the following: (a) breach or violation of these Terms and Conditions; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive, or illegal activity, or other activity which Nkwa Dua believes is harmful to this Website or its business interests. You agree that termination, limitation of access, and/or suspension will be made in Nkwa Dua’s sole discretion and that Nkwa Dua shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your account.

Upon termination, you will no longer have a right to access your account or your User Content. We will not have any obligation to assist you in migrating your data or your User Content and we may not keep any back up of any of your User Content. We will not be responsible for deleting your User Content.

 

Waiver and Severability

No waiver by Nkwa Dua of any of the terms and conditions outlined in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nkwa Dua to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Notice

Nkwa Dua may deliver notice to you under this Agreement using electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in your Nkwa Dua account. You may give notice to Nkwa Dua at any time via electronic mail to support@nkwadua.com

Entire Agreement

This Agreement, our Privacy Policy, and our Cookies Policy constitute the sole and entire agreement between you and Nkwa Dua concerning the Nkwa Dua Offerings and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, concerning the Nkwa Dua Offerings.