Welcome to our platform’s terms and conditions. If you continue to use this service,
you are agreeing to comply with and be bound by the following terms and conditions,
which together with our Privacy Policy govern our relationship with you in the context
of our service. The term “Liquify” or “our” or “us” or “we” refers to the owner of the
application. The term “you” or “purchaser” or “the User” or “customers” refers to the user
of our application.
Effective: 1st December, 2021.
These Terms of Use ("Terms") governs the Users access or use, from within Lusaka, of the applications,
websites, content, products, and services (the "Services," as more fully defined below in Sections 3 & 4)
made available in Lusaka by Liquify’s representatives, affiliates, officers and directors (collectively, "Liquify").
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. In these Terms,
the words "including" and "include" mean "including, but not limited to."
By accessing or using the Services, the User confirms the agreement to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Services. These Terms expressly
supersede prior agreements or arrangements with the User. We may immediately terminate these Terms or
any Services with respect to you, or generally cease offering or deny access to the Services or any
portion thereof, at any time for any reason.
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule delivery services to purchase alcoholic beverages, and other commodities such as snacks, ice and mixers, and may include third party providers of such services and goods under agreement with Liquify or certain of our affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive transportation, logistics and/or delivery services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Liquify in a separate written agreement with the User, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN THE DELIVERY SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH US AS A PROVIDER OF TRANSPORTATION DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER.
Subject to the Users compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Liquify and our licensors.
The User may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
In order to use most aspects of the Services, The User must register for and maintain an active personal user Services account ("Account"). The User must be at least 18 years of age to obtain an Account. Account registration requires the User to submit to Liquify certain personal information, such as name, address, mobile phone number and age, as well as at least one valid payment method supported by Liquify. The User agrees to maintain accurate, complete, and up-to-date information in their Account. The Users failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in an inability to access or use the Services. The User is responsible for all activity that occurs under the Account, and agrees to maintain the security and secrecy of the Account username and password at all times. Unless otherwise permitted by Liquify in writing, you may only possess one Account.
Liquify's obligation to deliver to the User is fulfilled when the delivery of the physical products is made to the physical address nominated by the User for delivery of the order. Liquify is not responsible for any loss or unauthorised use of the goods, after Liquify has delivered the goods to the physical address as provided by the client.
The Service is not available for use by persons under the age of 18. The User may not authorize third parties to use the Account, and may not allow persons under the age of 18 to receive alcoholic beverages unless they are accompanied by the User. The User may not assign or otherwise transfer an Account to any other person or entity. The User agrees to comply with all applicable laws when accessing or using the Services, and will only access or use the Services for lawful purposes. The User may not access or use the Services to cause nuisance, annoyance, inconvenience, or property damage, whether to the driver, a Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and the User agrees that he/she may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
If there is no individual who is 18 years of age or older or cannot provide valid identification showing that he or she is 18 years of age or older, the delivery driver (the “Courier”) will not complete delivery of the Products. Additionally, if the Courier is unable to contact you or the account holder at the specified delivery address for 15 or more minutes, all Products will be removed from the order and returned to Liquify. Liquify retains the right to charge a delivery fee and a restocking fee in this instance, implemented at our discretion.
Liquify will make every effort to ensure that products which are listed and live on the mobile application reflect that which is in stock. However, from time to time, items go out of stock and customers place orders before Liquify is able to update the app listing. In the case of ordering a special item which is out of stock, Liquify is not obligated transfer the special pricing to another item. Liquify will however, make every effort to suggest replacement products, which are in a similar price bracket to the item which was asked for.
The User agrees that Liquify may contact by email, telephone or text message (including by an automatic telephone dialing system) at any of the phone numbers provided or on the Users behalf in connection with the Users account or for marketing purposes.
Liquify wants the User to be happy with their purchase. If not completely satisfied, the User can return the product to us and we will either replace/refund, subject to the terms below. This policy applies to products bought from Liquify only. Nothing in this policy is intended to limit the Users statutory rights in any way.
All refund amounts shall be credited to the User’s respective accounts.
Liquify accepts payment via Visa, MasterCard, Instant EFT, Cash and Mobile Money.
We are committed to providing secure online payment facilities. All transactions are encrypted & tokenized using appropriate
encryption technology. Payment can be made via:
Credit/Debit card:
Where payment is made by credit card, we may require additional information in order to authorise
and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional
information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation
your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied
for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all
the costs incurred as a result of the services used on the application and/or website.
Instant EFT:
Where payment is made via EFT, Liquify holds the right to withhold delivery until such a time that the
payment notification has been delivered from our bank or Mobile Money Account, verifying that payment has come through.
When paying via EFT, you agree and acknowledge that delivery time might be slightly delayed, due to us waiting on the
notification to confirm payment.
Cash:
Where payment is made via Cash, the user will be required to have the appropriate change for the order amount.
Liquify may, however, try to facilitate change on behalf of the user.
Mobile Money:
Where payment is made via Cash, the user agrees to bear any transfer or withdraw charges associated with the order amount.
In the case that the amount being credited from your credit card does not come through (i.e. the payment fails), Liquify holds the right to withhold delivery until payment has been made via an alternative payment option.
We may, in our sole discretion, permit the User from time to time to submit, upload, publish or otherwise make
available to us through the Services textual, audio, and/or visual content and information, including commentary
and feedback related to the Services, initiation of support requests, and submission of entries for competitions
and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User
Content to Us, you grant Us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right
to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform,
and otherwise exploit in any manner such User Content in all formats and distribution channels now known or
hereafter devised (including in connection with the Services and our business and on third-party sites and services)
, without further notice to or consent from you, and without the requirement of payment to you or any other person
or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have
all rights, licenses, consents and releases necessary to grant Us the license to the User Content as set forth
above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available
of such User Content, nor our use of the User Content as permitted herein will infringe, misappropriate or violate
a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the
violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic,
unlawful, or otherwise offensive, as determined by Us in our sole discretion, whether or not such
material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content,
at our sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The User understands that use of the Services may result in charges for the services and/or goods received
("Charges"). We will receive and/or enable your payment of the applicable Charges for services or goods obtained
through your use of the Services. Charges will be inclusive of applicable taxes where required by law.
As between you and Liquify, we reserve the right to establish, remove and/or revise Charges for any or all services
or goods obtained through the use of the Services at any time in our sole discretion. We will use reasonable
efforts to inform the user of Charges that may apply, provided that the user will be responsible for Charges
incurred under the Account regardless of awareness of such Charges or the amounts thereof. We may from time to
time provide certain users with promotional offers and discounts that may result in different amounts charged for
the same or similar services or goods obtained through the use of the Services, and you agree that such promotional
offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the
Charges applied to you. After you have received beverages obtained through the service, you will have the opportunity
to rate your experience and leave additional feedback.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOODS REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE
RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR
CONCURRENT) OF OURS, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE
SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND
ANY THIRD PARTY PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE
FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER
THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The User agrees to indemnify and hold Us and our affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) the use of the Services or services or goods obtained through use of the delivery Services; (ii) the users breach or violation of any of these Terms; (iii) or, our use of your User Content.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have
against us on an individual basis in arbitration, as set forth in this Arbitration Agreement. This
will preclude you from bringing any class, collective, or representative action against us, and also
preclude you from participating in or recovering relief under any current or future class, collective,
consolidated, or representative action brought against us by someone else.
Agreement to Binding Arbitration Between You and Liquify.
The User and Liquify agree that any dispute, claim or controversy arising out of or relating to (a)
these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or
(b) your access to or use of the Services at any time, whether before or after the date you agreed to the
Terms, will be settled by binding arbitration between the User and Liquify, and not in a Court of Law.
The User acknowledges and agrees that he/she and Liquify are each waiving the right to a trial in court
or to participate as a plaintiff or class member in any purported class action or representative proceeding.
Unless both The User and Liquify otherwise agree in writing, any arbitration will be conducted only on an
individual basis and not in a class, collective, consolidated, or representative proceeding. However,
The User and Liquify each retain the right to bring an individual action in Small Claims Court and the
right to seek injunctive or other equitable relief in a Court of competent jurisdiction to prevent the
actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade
secrets, patents or other intellectual property rights.
The parties agree that the arbitrator (“Arbitrator”), and not any court or agency, shall have exclusive
authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation
of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is
void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitration issues,
including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration,
including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge
that this Arbitration Agreement evidences that The Arbitration Act No.19 of 2000 will govern the interpretation
and enforcement and proceedings of this Agreement. If the Arbitration Act Rules are found to not apply to any issue
that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the
laws of the Zambia.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Arbitration Rules. The Arbitrator will be either (1) a Judge or (2) an attorney specifically licensed to practice law in Zambia and will be selected by the parties from the roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the Court will appoint the Arbitrator in accordance with the Arbitration Rules.
The Arbitrator will render an award within the time frame specified in the Arbitration Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys' fees and expenses if we prevail in arbitration.
Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Arbitration Rules.
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if We make changes to this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Us written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, or (b) by email from the email address associated with your Account to: support@liquify-zambia.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Liquify in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
These Terms are governed by and construed in accordance with the laws of the Republic of Zambia, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Zambian law to interpret these Terms and the forum for disputes asserting a breach of these Terms. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrary disputes as defined therein. Instead, as described in Section 2, the Arbitration Act shall apply to any such disputes.
We may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account.
The User may not assign these Terms without Our prior written approval. We may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of our equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Liquify as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Liquify in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms
The use of the mobile application is subject to the following terms of use:
Liquify commits to deliver within an hour depending on location from Our Headquarters and road accessibility that are easily tracked on our app
*During inclement weather, traffic congestion, extremely high call/or Order volume or other unforeseen circumstances, deliveries may take longer than 1 hour or may be temporarily be unavailable.
If you have any questions or comments regarding are terms & conditions, please contact us:
Email: support@liquify-zambia.com
Phone Number: +260979227810 / +260962439414
Liquify Enterprise Limited
1 Nelson Sapi Road, Chainama, Lusaka