Terms of service

TERMS AND CONDITIONS OF USE
Welcome to Petrite, an application ("App") provided by Petrite Nigeria Limited (hereinafter
referred to as "Petrite," "we," "us," or "our"). These Terms and Conditions of Use ("Terms")
govern your use of the Petrite App. By accessing or using the App, you agree to be bound by
these Terms. Please read them carefully before using the App.
1. Acceptance of Terms
1.1. By downloading, installing, accessing, or using the Petrite App, you affirm that you have
read, understood, and you agree to these Terms and our Privacy Policy. . If you do not agree to
these Terms, you are not authorized to access or use the App.
1.2. We reserve the right to modify or update these Terms at any time without prior notice. It is
your responsibility to review these Terms periodically for changes. Your continued use of the
App after any modifications to the Terms constitutes acceptance of those changes.
2. Use of the App
2.1. Eligibility: You must be at least 18 years old or the legal age of majority in your jurisdiction
to use the App. By using the App, you represent and warrant that you meet these eligibility
requirements.
2.2. License: Subject to these Terms, Petrite grants you a limited, non-exclusive, nontransferable,
revocable license to use the App for your personal, non-commercial use.
2.3. Restrictions: You agree not to:
a. Use the App for any illegal or unauthorized purpose;
b. Modify, adapt, translate, or reverse-engineer any portion of the App;
c. Violate any applicable laws, rules, or regulations while using the App;
d. Interfere with or disrupt the operation of the App;
e. Use any automated means to access the App;
f. Use the App in a manner that could damage, disable, overburden, or impair the App;
g. Attempt to gain unauthorized access to any portion of the App;
h. Use the App to harass, abuse, or harm others;
i. Use the App to transmit or distribute spam, viruses, or other harmful computer code;
j. Use the App to collect or track personal information of others without their consent.
2.4. You are responsible for obtaining and maintaining any equipment, software, and internet
connectivity necessary to access and use the App. We are not responsible for any technical issues
or limitations related to your equipment or internet connection.
2.5. We reserve the right to modify or discontinue, temporarily or permanently, the App (or any
part thereof) with or without notice. We shall not be liable to you or any third party for any
modification, suspension, or discontinuation of the App.
3. User Accounts
3.1. Account Creation: In order to use certain features of the App, you may be required to
create an account. You agree to provide accurate, current, and complete information during the
registration process.
3.2. Account Security: You are responsible for maintaining the confidentiality of your account
credentials and for all activities that occur under your account. You agree to notify Petrite
immediately of any unauthorized use of your account or any other breach of security.
3.3. Account Termination: Petrite reserves the right to suspend or terminate your account at any
time, without prior notice or liability, for any reason whatsoever, including if we believe that you
have violated these Terms.
4. Pet Products and Services
4.1. Product Listings: Petrite provides a platform for the sale of pet products, pet food, and
supplies. We strive to ensure that all product listings are accurate and up-to-date, but we do not
guarantee the availability or quality of any products listed on the App.
4.2. Pricing: Prices for products listed on the App are subject to change without notice. Petrite
reserves the right to modify or discontinue any products or services offered on the App at any
time.
4.3. Orders: By placing an order through the App, you represent that you are legally capable of
entering into a binding contract and that the information you provide is accurate and complete.
Petrite reserves the right to refuse or cancel any orders placed through the App.
4.4. Payment: Payment for orders placed through the App is processed through third-party
payment processors. You must make payments due under these general terms and conditions in
accordance with the Payments Information and Guidelines on the marketplace. By providing
your payment information, you authorize Petrite to charge your payment method for the total
amount of your order, including any applicable taxes and shipping fees.
4.5. Shipping: Petrite offers shipping to addresses within Nigeria. Shipping times and costs may
vary depending on the delivery location and the shipping method selected at checkout.
4.6. Returns: Petrite's return policy is clearly outlined in clause 12 of these terms of use and is
subject to change without notice. Please review the return policy carefully before making a
purchase.
5. Intellectual Property
5.1. Ownership: The App and all content, features, and functionality thereof are owned by
Petrite or its licensors and are protected by copyright, trademark, and other intellectual property
laws.
5.2. License: Subject to these Terms, Petrite grants you a limited, non-exclusive, nontransferable
license to access and use the App for your personal, non-commercial use.
5.3. Restrictions: You agree not to reproduce, distribute, modify, or create derivative works of
any content from the App without the prior written consent of Petrite.
6. Privacy Policy
6.1. Privacy Policy: Your use of the App is subject to Petrite's Privacy Policy, which is
incorporated into these Terms by reference. By using the App, you consent to the collection, use,
and disclosure of your personal information as described in the Privacy Policy.
6.2. Children's Privacy: The App is not intended for children under the age of 13, and Petrite
does not knowingly collect personal information from children under the age of 13. If you are a
parent or guardian and believe that your child has provided personal information to Petrite,
please contact us immediately.
7. Disclaimer of Warranties
7.1. No Warranties: THE APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE"
BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMITTED BY LAW, PETRITE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
7.2. Availability: Petrite does not warrant that the App will be uninterrupted or error-free, that
defects will be corrected, or that the App or the servers that make it available are free of viruses
or other harmful components.
7.3. Accuracy of Information: Petrite does not warrant or make any representations regarding
the accuracy, completeness, or reliability of any information obtained through the App. You
acknowledge that any reliance on such information is at your own risk.
7.4. Third-Party Content: Petrite may provide links to third-party websites or services for your
convenience. Petrite does not endorse or control any third-party content and makes no
representations or warranties regarding the accuracy, legality, or content of such third-party sites.
8. Limitations pertaining to Liability
8.1. Limitation of Liability: YOU UNDESTAND AND AGREE THAT IN NO EVENT
SHALL PETRITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF THE APP, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF
PETRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. Total Liability: IN NO EVENT SHALL PETRITE'S TOTAL LIABILITY TO YOU FOR
ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR
USE OF THE APP EXCEED THE AMOUNT YOU HAVE PAID TO PETRITE, IF ANY,
DURING THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM.
8.3. Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT THE
DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND
PETRITE, AND THAT PETRITE WOULD NOT BE ABLE TO PROVIDE THE APP
WITHOUT SUCH LIMITATIONS.
9. Indemnification
9.1. You agree to indemnify, defend, and hold harmless Petrite and its officers, directors,
employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs,
and expenses (including reasonable attorneys' fees) arising out of or in connection with your use
of the App or any breach of these Terms.
9.2. Scope of Indemnity: This indemnification provision shall apply to any claim, demand, suit,
or proceeding brought against Petrite by any third party arising out of or relating to:
a. Your violation of these Terms or any applicable law, regulation, or third-party right;
b. Your use or misuse of the App;
c. Any content or information you submit, post, or transmit through the App;
d. Any violation of the rights of any other person or entity by you.
9.3. Defense of Claims: Petrite reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which case you
agree to cooperate with Petrite in asserting any available defenses.
9.4. Notification of Claims: You agree to promptly notify Petrite of any third-party claims or
demands related to your use of the App and to provide Petrite with reasonable assistance in
defending such claims.
9.5. Limitation of Liability: In no event shall Petrite's total liability to you for all claims arising
out of or in connection with these Terms or your use of the App exceed the amount you have
paid to Petrite, if any, during the twelve (12) months preceding the date of the claim.
9.6. No Consequential Damages: In no event shall Petrite be liable for any indirect, incidental,
special, consequential, or punitive damages, including but not limited to lost profits, lost revenue,
loss of data, or loss of business opportunity, arising out of or in connection with these Terms or
your use of the App.
9.7. Lifespan: The provisions of this Section 9 shall continue to be in force despite any
termination or expiration of these Terms or your use of the App.
10. Waiver
10.1. No Waiver: The failure of Petrite to enforce any right or provision of these terms, shall not
constitute a waiver of such right or provision.
10.2. Express Waiver: Any waiver of any provision of these Terms by Petrite must be in writing
and signed by an authorized representative of Petrite.
10.3. Limited Waiver: A waiver of any provision of these Terms shall not be deemed a waiver
of any other provision or a continuing waiver of the same provision in the future.
11. Severability
11.1. Severability: If any provision of these Terms is found to be invalid, illegal, or
unenforceable, the remaining provisions shall remain in full force and effect to the fullest extent
permitted by applicable law.
11.2. Modification of Invalid Provision: In the event that any provision of these Terms is
determined to be invalid, illegal, or unenforceable, the parties agree to replace such provision
with a valid, legal, and enforceable provision that most closely reflects the original intent of the
parties.
11.3. Partial Invalidity: If any part of a provision of these Terms is held to be invalid, illegal, or
unenforceable, the validity, legality, or enforceability of the remainder of that provision and the
remaining provisions of these Terms shall not be affected.
12. Return Policy
12.1. This Return Policy applies to all purchases made through the Petrite App and by making a
purchase through the App, you agree to be bound by this Return Policy.
12.2. Return Eligibility:
12.2.1. You may return products purchased through the App within 14 days of the date of
shipment from Petrite ( hereinafter referred to as "Return Period").
12.2.2. To be eligible for a return, the product must be unused, in its original packaging, and in
the same condition as received.
12.2.3. Products that are not eligible for return include:
- Perishable items such as pet food;
- Personalized or customized items;
- Products that have been opened or used;
- Products damaged due to your misuse or negligence.
12.3. Return Process:
12.3.1. To initiate a return, please contact Petrite's customer service team within the Return
Period. You may reach us at through the channels specified on our contact us page.
12.3.2. When contacting us, please provide your order number, the reason for return, and any
relevant photographs or documentation.
12.3.3. Once your return request is approved, Petrite will provide you with a return authorization
number and instructions for returning the product.
12.3.4. You are responsible for the cost of return shipping, unless the return is due to an error on
the part of Petrite such as a mistaken order shipment..
12.4. Refund Process:
12.4.1. Upon receipt of the returned product, Petrite will inspect it to ensure that it meets the
return eligibility criteria.
12.4.2. If the returned product meets the eligibility criteria, Petrite will issue a refund to the
original payment method within 7 business days.
12.4.3. Shipping and handling charges are non-refundable, unless the return is due to an error on
the part of Petrite such as a mistaken order shipment.
12.5. Exchanges:
12.5.1. Petrite does not offer exchanges for returned products. If you wish to exchange a product,
please follow the return process outlined in this Return Policy and place a new order for the
desired item.
12.6. Damaged or Defective Products:
12.6.1. If you receive a damaged or defective product, please contact Petrite's customer service
team immediately for assistance.
12.6.2. Petrite reserves the right to request photographs or other evidence of the damage or defect
before approving a return or issuing a refund.
12.6.3. Petrite SHALL NOT BE LIABLE for any damage or defect arising from the negligence
of the shipping/logistics company used in shipping the product, and any complaint as to such
should be directed towards the shipping/logistics company.
12.7. Modifications to Return Policy:
Petrite reserves the right to modify or revise this Return Policy at any time, in its sole discretion.
Any changes to this Return Policy will be effective immediately upon posting on the App.
13. Terms of Sale, Pricing, and Offers.
13.1. Purchases and Refunds: Purchases are non-refundable except to the extent provided in
the applicable return policy. You may review our current return policy as stated in clause 12.
Prices, offers, and product availability are subject to change without notice in Petrite’s sole
discretion.
13.2. Price and Offer Variations: Regular and sale prices, offers, and selections found online
may vary from those found, for example, at Petrite stores and in local Petrite advertisements. In
addition, pricing may vary from store-to-store. Occasionally, we offer special promotions or
offers that may include, for example, free shipping, discounts, manufacturer offers, or other
promotions associated with a purchase. These offers may be for a limited time only and are
subject to change without notice.
13.3. Legal Compliance: Any and all offers or promotions advertised on the Services are legally
compliant, and where they are found not to be, they will be retracted and rectified.
13.4. Color Accuracy Disclaimer: Please note that while Petrite strives to display as accurately
as possible the colors of the products shown on the Sites, it cannot guarantee that the colors
shown on the Sites exactly reproduce the colors of its products. This may depend on the color
reproduction on your computer or mobile device.
14. Dispute Resolution
14.1 In the event of any dispute, controversy or claim arising out of or in connection with this
terms and conditions of use, the parties agree to first try to resolve the dispute through
negotiation and good faith communication. If the parties are unable to reach a resolution through
negotiation, the following dispute resolution process shall apply:
14.1.1 Mediation: The parties shall attempt to resolve the dispute through mediation with a
mutually agreed upon mediator. The mediation shall be held within 7 days of the initiation of the
mediation process. If the dispute is not resolved through mediation, the parties may proceed to
the next stage of dispute resolution.
14.1.2 Arbitration: Any dispute, controversy or claim that is not resolved through mediation
shall be finally settled by binding arbitration. The arbitration shall be conducted by Institute of
Chartered Meditators and Conciliators, and shall be held in accordance with the rules and
procedures of Institute of Chartered Meditators and Conciliators and the laws guiding arbitration
in Nigeria. The arbitration shall take place within 14 days of the initiation of the arbitration
process. The award rendered by the arbitrator shall be final and binding, and judgment may be
entered upon it in any court having jurisdiction thereof.
14.1.3 Court Proceedings: If arbitration as an option fails to resolve the dispute, either party
may initiate a court proceeding in accordance with the laws and jurisdiction of the applicable
court.
14.2 This dispute resolution process is binding upon the parties. The prevailing party in any
dispute resolution technique or litigation arising out of or relating to this Agreement shall be
entitled to recover its reasonable attorney’s fees and costs from the other party.
14.3 This dispute resolution process shall not prevent any party from seeking injunctive or other
equitable relief as necessary to protect its rights pending the resolution of any dispute,
controversy or claim under this Agreement.
15. Changes to Terms
15.1. Petrite reserves the right to modify or revise these Terms at any time, in its sole discretion.
Any changes to these Terms will be effective immediately upon publishing on the App.
15.2. Notification of Changes: In the event of any material changes to these Terms, Petrite may
notify you by email or through the App's notification system. It is your responsibility to review
these Terms periodically for any changes.
15.3. Acceptance of Changes: Your continued use of the App following the posting of changes
constitutes your acceptance of such changes. If you do not agree to the modified Terms, you
must stop using the App immediately.
15.4. Retroactive Changes: Changes to these Terms will not apply retroactively and will only
apply to actions taken after the effective date of the changes, unless otherwise specified.
16. Additional Terms
From time to time, we may present you with additional terms that apply to specific promotions,
programs, goods, or services offered by or associated with Petrite (the “Additional Terms”). In
the event that any Additional Terms conflict with these Terms, these Terms will control. In the
event that these Terms, or any Additional Terms, conflict with the Privacy Policy, the Privacy
Policy shall control.
17. Modification, Termination, or Suspension of the Services
17.1. Petrite may, in its sole discretion and at any time, modify, discontinue, or suspend its
operation of the Services or any part thereof, temporarily or permanently, without notice or
liability to you. Petrite further reserves the right, in its sole discretion, to terminate your account
and/or your access to the Services or any portion thereof without prior notice at any time and for
any reason, or for no reason.
17.2. The provisions of these Terms relating to Intellectual Property, User Submissions, User
Accounts, Disclaimers & Limitation of Liability, Indemnification, Dispute resolution and
Applicable Law shall survive any termination.
18. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Nigeria, without
regard to its conflict of laws principles. Any dispute arising out of or in connection with these
Terms shall be subject to the exclusive jurisdiction of the courts of Nigeria.
19. Contact Us
If you have any questions or concerns about these Terms, please contact us via the channels
provided on our contact us page.
These Terms and Conditions of Use were last updated on May 14, 2024.