Terms and Conditions

These Terms of Use ("Terms") govern your use of our website www.hyper.sd ("Website") and our mobile application "Hyper Express" ("App"). The Website and App are collectively referred to as the "Platform."

Please read these Terms carefully before using our services. If you do not agree to these Terms, you may not use the services provided on the Platform, and you are required to uninstall the Apps. By installing, downloading, or merely using the Platform, you enter into a contract with "Hyper Express" and agree to these Terms as well as other policies of "Hyper Express" (including but not limited to the Cancellation and Refund Policy, Privacy Policy, etc.) as published on the Platform from time to time, which will be effective as of the date you download, install, or use the services, and will constitute a legally binding agreement.

The Platform is to be used by (1) individuals who are 18 years of age or older and (2) legal entities such as companies. Where applicable, these Terms are subject to country-specific provisions as detailed herein.

Use of the Platform and Services

All commercial/contractual terms and agreements are solely between buyers and merchants. Such terms include, but are not limited to, pricing, taxes, shipping costs, payment methods, payment terms, delivery dates, delivery methods, warranties related to products and services, and post-sale services. "Hyper Express" does not control, determine, advise on, or participate in any way in the commercial/contractual terms between buyers and merchants. However, "Hyper Express" may provide support services to merchants regarding order fulfillment, payment collection, call center operations, and other services, according to separate agreements with the merchants. "Hyper Express" is not responsible for any non-performance or breach of any contract between buyers and merchants on the Platform. "Hyper Express" does not guarantee that buyers and/or merchants will complete any transaction made on the Platform. "Hyper Express" is not responsible for unsatisfactory services, non-performance, damages, or delays resulting from products being out of stock, unavailable, or reordered.

"Hyper Express" operates an e-commerce platform and acts solely as a facilitator, and does not engage in any transaction between buyers and merchants on the Platform or acquire any products or services provided by merchants. "Hyper Express" will not at any time have any rights, ownership, or interest in the products and does not assume any obligations or liabilities regarding the contract between the buyer and the merchant. You agree and acknowledge that we are not responsible for:

- Goods provided by stores or restaurants, including but not limited to food orders that meet your requirements and needs;
- Goods not meeting your expectations or causing any loss, damage, or harm to you;
- Availability or unavailability of certain items on the menu;
- Merchant fulfilling incorrect orders.

Menu details and pricing available on the Platform are based on information provided by merchants, and we will not be liable for any changes, cancellations, or unavailability. All menu and food images used on our Platforms are for illustrative purposes only and may or may not match the actual menu/food items ordered. "Hyper Express" will not be responsible or liable for any discrepancies in this regard.

Personal Information Provided

If you wish to use our service, you must create an account on our Website. To create your account, we will request personally identifiable information that can be used to contact you or identify you, including your name, phone number, and email address.

We allow you to provide additional information that will be part of your profile. Besides the basic information required to create your account, you will determine the amount of information you wish to share as part of your profile. We encourage you to carefully consider the information you share and advise you to protect your identity and sensitive information. You can review and update your profile at any time.

You acknowledge that the delivery times provided to you at the time of order confirmation are estimates and may vary. We will not be responsible for any delays in delivering your order due to delays by the seller/merchant in processing the order or any unavoidable circumstances.

Your order will only be delivered to the address you specified at the time of placing the order.

We reserve the right to cancel the order at our sole discretion if there is a change in the delivery location after the delivery representative has arrived at your previous location, and you will not be entitled to a refund for this. Delivery in the event of a change in the delivery location will be at our sole discretion, and we reserve the right to charge additional delivery fees if necessary.

You must provide proper instructions, information, and authorizations to accept delivery. In the event of any failure to accept delivery or non-delivery within the estimated time due to your failure to provide appropriate instructions or authorizations, the goods will be considered delivered to you, and all risks and responsibilities related to the goods will transfer to you, with no right to a refund. Our decision in this regard will be final and binding. You understand that our responsibility ends once your order is delivered to you.

You may be required to provide credit card or debit card details to authorized payment gateways during checkout. In this regard, you agree to provide accurate and complete credit card or debit card details to authorized payment gateways to avail of the services. You may not use a credit/debit card that you do not legally own; in any transaction, you must use your own credit/debit card. Information provided by you or shared with any third party may not be used or disclosed except as required in connection with fraud verification or as required by law or court order. You are solely responsible for the security and confidentiality of your credit/debit card details. We expressly disclaim all liabilities that may arise from any unauthorized use of your credit/debit card. You agree that we provide services only during the business hours of the concerned merchants.

Prohibited Activities on the Platform

The following is a partial list of types of illegal or prohibited behavior on the websites. "Hyper Express" reserves the right to investigate and take appropriate legal action against any person, at its sole discretion, who engages in any prohibited activities. Prohibited activities include, but are not limited to:

- Using the websites for any purpose that violates laws or regulations;
- Posting content that infringes on intellectual property rights, privacy rights, publicity rights, trade secrets, or any other rights of any party;
- Posting illegal, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing content about any person or entity as determined by "Hyper Express" at its sole discretion or according to local community standards;
- Posting content that constitutes online bullying as determined by "Hyper Express" at its sole discretion;
- Posting content depicting any dangerous, life-threatening behavior or involving risks;
- Posting phone numbers, street addresses, or family names of any person;
- Posting URLs to external websites or any form of HTML or programming code;
- Posting anything that may be considered "spam" as determined by "Hyper Express" at its sole discretion;
- Impersonating someone else when posting content;
- Harvesting or collecting information about others, including email addresses, without their consent;
- Allowing any other person or entity to use your identity to post or view comments;
- Harassing, threatening, stalking, or abusing any person;
- Engaging in any other behavior that restricts or inhibits any other person from using or enjoying the websites, or which, in the sole discretion of "Hyper Express," exposes "Hyper Express" or any of its clients, suppliers, or any other parties to any liability or harm; or
- Encouraging others to engage in any prohibited activities as described herein.

"Hyper Express" reserves the right, but is not obligated, to do any or all of the following:

- Investigate claims that any content posted on the websites does not comply with these Terms and determine at its sole discretion whether to remove or request the removal of such content;
- Remove offensive, illegal, or disruptive content that does not comply with these Terms;
- Terminate user access to the websites for any breach of these Terms;
- Monitor, edit, or disclose any content on the websites; and
- Edit or delete any content posted on the websites, regardless of whether such content violates these standards.

Additional Terms:

Clause 1: Goods and Services Provided

1.1 Provision of Products and Services:
   Merchants on the Platform must provide accurate and complete descriptions of the goods and services they offer, including information about content, quality, features, and technical details if relevant.

1.2 Delivery and Shipping:
   Service providers are obligated to deliver services effectively and on time. Emphasis is placed on ensuring prompt delivery of parcels and products without unjustified delays.

1.3 Quality Assurance:
   Merchants must ensure the quality of the products and services offered and refrain from selling low-quality products or unsatisfactory services.

Clause 2: Customer Rights and Settlements

2.1 Customer Rights:
   Customers have the right to receive products or services that meet their expectations and verify them before payment. In the event of dissatisfaction or complaints, the customer must notify "Hyper Express" immediately.

2.2 Return and Replacement Rights:
   An effective return and replacement system must be in place for products that do not meet customer expectations or arrive in unsatisfactory condition. Merchants must clearly disclose their return and replacement policies on the Platform.

2.3 Settlement and Dispute Resolution:
   "Hyper Express" reserves the right to intervene in resolving disputes between buyers and merchants and seeks to achieve fair and effective settlements.

Clause 3: Security and Data Protection

3.1 Data Protection:
   "Hyper Express" and merchants must take all necessary measures to protect customer information and ensure its security. Customer personal information must not be shared with any third party without explicit consent.

3.2 Electronic Security:
   All parties must implement robust security measures to protect electronic information, including encrypting data and securing online financial transactions.

Clause 3: Electronic Security

3.2 Electronic Security:
   All parties must implement robust security measures to protect electronic information, including data encryption and securing online financial transactions.

Clause 4: Compliance and Legislation

4.1 Compliance with Legislation:
   All participants on the Platform must comply with relevant local laws and regulations to ensure legal and effective operations.

4.2 Prohibited Products:
   The sale or provision of any products that conflict with local legislation or encourage illegal activities is prohibited.

Clause 5: Updates and Amendments

5.1 Amendment of Terms:
   "Hyper Express" reserves the right to amend these Terms of Use with prior notice, and all participants are encouraged to regularly review updates.

5.2 User Notification:
   Users will be notified of any amendments before they take effect, and users should read and understand the amendments before continuing to use the Platform.

Signature: ________________
[Company Name]
[Date of Signature]

Amendments

"Hyper Express" reserves the right to modify or amend these Terms (including our policies incorporated into these Terms) at any time by posting changes on the Platform. It is strongly recommended to review these Terms regularly. You will be deemed to have agreed to the amended Terms by continuing to use the Platform after the date of publication of the amended Terms.

Payment

"Hyper Express" reserves the right to introduce additional payment methods and/or remove current payment methods at any time at its discretion. If you choose to pay using an online payment method, payment will be processed by a third-party payment service provider. With your consent, your credit/debit card information will be stored with the third-party payment service provider for future transactions. "Hyper Express" does not store your credit card or bank card information. You must ensure that you have sufficient funds on your credit/debit card to cover the payment for your order. To the extent required, "Hyper Express" will be responsible for payments made on our Platforms, including refunds, chargebacks, cancellations, and dispute resolution, provided they are reasonable, justified, and in accordance with these Terms.

Cancellation

"Hyper Express" may cancel any order at any time due to unavailability of foods/products, out-of-coverage areas, or any other unavoidable circumstances.