WHAT THE USER SHOULD KNOW AT A GLANCE 

Please note that some provisions in these terms may apply exclusively to certain categories of users. Notably, some provisions may be applicable only to consumers or to users who do not qualify as consumers. Any such limitations are explicitly stated within the relevant clauses. Unless otherwise specified, clauses apply to all users. 

TERMS OF USE 

Unless otherwise specified, the terms of use detailed in this section apply generally when using Osusu by PacknPay (the App) 

Single or additional conditions for use or access may apply in certain scenarios and, when applicable, are expressly outlined in this document. 

By using the App, users confirm to meet the following requirements: 

ACCOUNT REGISTRATION 

To use the service, users must register or create a user account, ensuring that all required information is provided accurately and completely, failure to do so may result in the unavailability of the Service. Users are responsible for keeping their login credentials confidential and safe and for this reason, users are also required to choose passwords that meet the highest standards of strength.  By registering, users agree take full responsibility for all activities that occur under their username and password. Users must immediately notify the owners using the contact details provided in this document if they suspect that their personal information—such as user accounts, access credentials, or personal data—has been compromised, misused, disclosed without authorization, or stolen. 

ACCOUNT TERMINATION 

Users may terminate their account and discontinue use of the service at any time by directly contacting the owners using the contact details provided in this document. 

ACCOUNT SUSPENSION AND DELETION 

The owners reserve the right, at their sole discretion, to suspend or delete User accounts at any time, without notice, if they are deemed inappropriate, offensive, or in violation of these Terms. The suspension or deletion of User accounts does not entitle Users to any claims for compensation, damages, or reimbursement. The suspension or deletion of accounts due to causes attributable to the user does not exempt the user from any obligation to pay any applicable fees or charges. 

LIABILITY FOR PROVIDED CONTENT 

Users are solely liable for any content they upload, post, share, or provide through the APP. Users acknowledge and accept that the owners do not filter or moderate such content. However, the owners reserve the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice to the user, deny the uploading user access to the App. 

If any complaint based on such content is received;  if a notice of infringement of intellectual property rights is received;  upon order of a public authority; or  where the owners are made aware that the content, while being accessible via the App may represent a risk for users, third parties and/or the availability of the service, the removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.  

ACCESS TO EXTERNAL RESOURCES 

Through the App, users may have access to external resources provided by third parties. Users acknowledge and accept that the owners have no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law. 

ACCEPTABLE USE 

The App and its service may only be used within the scope of what they are provided for, under these terms and applicable law. Users are solely responsible for making sure that their use of  and/or the service does not violates any applicable law, regulations or third-party rights. Therefore, the owners of the App reserve the right to take any appropriate measure to protect its legitimate interests including denying users access to the App or its service, terminating contracts, reporting misconduct performed through the App or its service to the competent authorities (such as judicial or administrative authorities) whenever users engage or are suspected to engage in any of the following activities:  violations of extant laws; regulations and/or these terms;  infringement of any third-party rights; considerable impairment of the owners’ legitimate interests; offending the owners or any third party. 

TERMS AND CONDITIONS OF SALE 

Paid Products 

Some of the Products provided on the App, as part of the service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such products are described below and in the dedicated sections of the App 

PRODUCT DESCRIPTION 

Prices, descriptions or availability of products are outlined in the respective sections of the App and are subject to change without notice. 

PURCHASING PROCESS 

Any steps needed from Product choice to order submission, form part of the purchasing process. 

The purchasing process includes these steps: 

• Users must indicate the desired product(s) by selecting them, including, where applicable, the quantity and specifics, for the item(s) to appear in the purchase selection.
• Users may review their purchase selection, modify, remove or add items.
• Users will be required to specify their billing address, contact details and a payment method of their choice.
• where selected products are to be shipped, users shall need to indicate a shipping address.
• During the purchasing process, users may, at any time, modify, correct or change the information provided, or altogether abort the purchasing process with no consequence.
• After providing all required information, users must carefully review the order and may then proceed to checkout. To submit the order, users must accept these terms and use by using the designate button or mechanism on the App, hereby committing to pay the agreed-upon price.

ORDER SUBMISSION 

When the user submits an order, the following applies: 

• The submission of an order indicates contractual obligation and therefore creates for the user, the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
• In cases where the purchased product requires active input from the user, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the user to provide these information.
• Upon submission of the order, users will receive a receipt confirming that the order has been received. All notifications related to the described purchasing process shall be sent to the email address provided by the user for such purposes.

PRICES 

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. 

Prices are displayed on the App: either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the user is browsing. 

OFFERS AND DISCOUNTS 

The owners may offer discounts or provide special offers for the purchase of products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of the App. Offers and discounts are always granted at the owner’s sole discretion. Repeated or recurring offers or discounts create no claim/title or right that users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the owner, as indicated in the owner’s location details in this document, unless otherwise specified. 

COUPONS 

Offers or discounts can be based on coupons, where a breach of the conditions applicable to coupons occurs, the owners can legitimately refuse to fulfill any contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests. Notwithstanding the provisions below, any additional or diverging rules applicable to using the coupon displayed in the corresponding information page or on the coupon itself shall always prevail. Unless otherwise stated, these rules apply to the use of coupons: 

• Each coupon is only valid when used in the manner and within the time frame specified on the website and/or the Coupon;
• A coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
• Unless otherwise stated, single-use coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
• A coupon cannot be applied cumulatively;
• A coupon must be redeemed exclusively within the time specified in the offer. After this period, the coupon will automatically expire, precluding any possibility for the user to claim the relevant rights, including cash-out;
• The user is not entitled to any credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;
• The coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

METHODS OF PAYMENT 

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the App. All payments are independently processed through third-party services. Therefore, the App does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the owners shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the user. 

RETENTION OF PRODUCT OWNERSHIP 

Until payment of the total purchase price is received by the owner, any product ordered shall not become the user’s property. 

DELIVERY 

Deliveries are made to the address indicated by the user and in the manner specified in the order summary. Upon delivery, users must verify the content of the delivery and report any discrepancy without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged. Delivery times are specified on the App or during the purchasing process. Free delivery may apply for orders above a certain threshold in specific locations.  Address too far from our location may incur delivery charges 

FAILED DELIVERY 

The owners cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the user, nor for any damages or delays after handover to the carrier if the latter is arranged by the user. If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the owners, who will contact the user to schedule a second delivery attempt or to agree on the future course of action. Unless otherwise agreed, any delivery attempt made after the first attempt shall be at the user’s expense. 

USER RIGHTS 

Right of withdrawal 

Unless excepted, Users may be eligible to withdraw from the contract within the period specified below (generally 7 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section. 

EXERCISING THE RIGHT OF WITHDRAWAL 

To exercise their right of withdrawal, users must send to the owners an unequivocal statement of their intention to withdraw from the contract. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, users must send the withdrawal notice before the withdrawal period expires. 

When does the withdrawal period expire? 

• Regarding the purchase of goods, the withdrawal period expires 7 days after the day on which the user or a third party – other than the carrier that is designated by the user – takes physical possession of the goods.

EFFECTS OF WITHDRAWAL  

Users who correctly withdraw from a contract will be reimbursed by the owners for all payments made to the owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the owner, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 20 days from the day on which the owner is informed of the user’s decision to withdraw from the contract. Unless otherwise agreed with the user, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the user shall not incur any costs or fees as a result of such reimbursement. 

LIABILITY AND INDEMNIFICATION 

Indemnification 

The user agrees to indemnify and hold the owners and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law. 

LIMITATION OF LIABILITY 

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, users shall have no right to claim damages against the owners (or any natural or legal person acting on its behalf). Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the owners shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into. 

LIMITATIONS OF LIABILITY 

To the maximum extent permitted by applicable law, in no event shall the owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein; any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service; any unauthorized access to or use of the owners’ secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the Service; any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or the defamatory, offensive, or illegal conduct of any User or third party.  

In no event shall the owners, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by users to the owner hereunder in the preceding 12 months, or the period of duration of this agreement between the owner and user, whichever is shorter. This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.  

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law. Indemnification The User agrees to defend, indemnify and hold the owners and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from 

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

COMMON PROVISIONS 

No Waiver 

The Owners’ failure to assert any right or provision under these terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term. 

SERVICE INTERRUPTION 

To ensure the best possible service level, the owners reserves the right to interrupt the service for maintenance, system updates or any other changes, informing the users appropriately. Within the limits of law, the owners may also decide to suspend or terminate the service altogether. If the service is terminated, the owners will cooperate with users to enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc). 

INTELLECTUAL PROPERTY RIGHTS 

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with OSUSU BY PACKNPAY, and remain, the exclusive property of the owners or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. 

CHANGES TO THESE TERMS 

The owner reserves the right to amend or otherwise modify these terms at any time. In such cases, the owners will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force. 

ASSIGNMENT OF CONTRACT 

The owners reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the Users’ legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these terms in any way, without the written permission of the owner.