Welcome to www.panthastore.com. Pantha-Africa LLC and/or its affiliates ("Pantha") provide website features and other products and services to you when you visit or shop at panthastore.com, use Pantha products or services, use Pantha applications for mobile, or use software provided by Pantha in connection with any of the foregoing (collectively, "Pantha Services"). Pantha provides the Pantha Services subject to the following terms.
By accessing this Site, App and/or using the Services, you hereby agree:
SITE, APP AND SERVICES
The Site and App is owned and maintained by Pantha. Pantha operates an online store through the Site or App, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of products; operates and offers scheduling of third party sellers (Merchants), logistics provider, courier, or vehicle through the use of Site or App: access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works; search engines or tools; blogs, message boards, communication tools; email or message alerts; and any other services, features, content or applications that Pantha may offer through the Site or App from time to time in our sole and absolute discretion.
Pantha reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site or App at any time. We may also impose limits on certain features or restrict your access to parts or the entire Services, App or Site without notice or liability.
Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, App, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Pantha.
The Site, App and all Content are the copyrighted work of Pantha or our content or software providers, and Pantha reserves and retains all rights in the Site, App and Content.
You may not decompile, reverse engineer or otherwise attempt to discover the source code of the App or any Content, except under the specific circumstances expressly permitted by law or Pantha in writing.
You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, App, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
To access certain parts of the Site, App or Services, you will be required to sign-up for an account with Pantha (“Account”) and select a user name ("User Name") and password ("Password").
You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password. You agree not to: share or permit others to use your Account or Password; or assign or transfer your Account to any other person or entity.
You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. Pantha shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: firstname.lastname@example.org.
Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information.
ORDERS, PRICING & PAYMENTS
At present, Pantha delivers to most areas within Uganda. You may contact us at email@example.com to check on our delivery coverage. Pantha will only process and accept orders within our delivery coverage.
All orders made by you are subject to stock availability. Pantha reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason. Pantha reserves the right to limit your order or the quantity of a particular product you may order.
Product Information, Pricing and Payment
Pantha endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. You agree that Pantha shall not be liable for any errors in the pricing and product or promotional information listed on our Site, App or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site, App or through our Services. If a product offered by Pantha itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by Pantha, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the actual price of any item ordered by you is higher than that reflected on the Site, App or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price. By confirming your purchase, you authorize us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.
Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout. The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and: in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.
All product prices are shown in Ugandan Shillings and are inclusive of Goods and Services Tax. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice. Payment for all orders shall be made in Ugandan Shillings.
When you use apps created by Pantha, such as the Pantha App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
Sanctions and export policy
You may not use any Pantha Service if you are the subject of Uganda sanctions or of sanctions consistent with Ugandan law imposed by the governments of the country where you are using Pantha Services. You must comply with all Ugandan or other export and re-export restrictions that may apply to goods, software (including Pantha Software), technology, and services.
Pantha Third Party Sellers (Merchants)
Promotions, Voucher Codes and other Privileges and Programs
Promotions, contests, privileges, and programs are only valid for the time period specified by Pantha and while stocks last basis. No compensation or cash will be offered in the event that a promotion is no longer in stock/effect.
The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):
DELIVERIES & RETURNS
Delivery slots are subject to availability.
Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled. “Bulk order” means an order for any product that comprises quantities of beyond 48 units, unless otherwise communicated in writing by Pantha.
Pantha will endeavor to deliver the products to your delivery address within the delivery time frame estimated, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries such as weather, traffic, haze, etc. You agree that Pantha shall not be liable for any deliveries made outside the delivery time frame. If your designated delivery location is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternative location and/or date.
Please notify Pantha immediately of any change to your delivery address, date or time of delivery, or contact number. Any changes in the delivery address or date or time of delivery after the submission of your order may incur an administrative charge of 10,000 Ugandan Shillings.
Pantha uses proprietary cooling systems to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or free perishable items.
If the delivery includes alcoholic drinks or any other age-restricted items, which may not be delivered to a minor, please ensure a person of 18 years of age or older with appropriate identification is present to take delivery of the alcoholic drinks or other items. Pantha reserves the right not to deliver any age-restricted product to anyone who is, or appears to be under, the age of 18 years old, and to charge the Customer an additional re-delivery fee of 10,000 Ugandan Shillings. Pantha also reserves the right to refuse to deliver any alcohol to any person who is, or appears to be, under the influence of either alcohol or drugs. You agree that if any applicable legal requirements for the delivery of alcohol are not met, Pantha reserves the right to cancel the alcohol-related portion of your order.
If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, Pantha reserves the right to charge a restocking fee equal to the sum of (1) 100% of the total value of your perishable items (since our perishable items are custom-ordered and guaranteed fresh) plus (2) a re-delivery or cancellation fee of 10,000 Ugandan shillings.
Pantha delivers case sizes of a variety of different goods, including laundry detergent, beverages, rice, etc. Given the heavy weight of some of these products, and our concern for the health of our drivers, we have purchase limits on a variety of these items on our website. Also in the interest of safety, we do not deliver to walk-ups (a building without an elevator) about the 5th floor, or deliver more than 3 cases of beverages about the 4th floor. In the event of a broken elevator, we also do not ask our drivers to carry products more than 5 floors. Our technology cannot, and does not, enforce these limits. We ask our clients to abide by these service limitations, as we may limit deliveries when orders exceed these requirements. Again this limitation exists only to protect the health of our delivery staff. We appreciate your understanding and cooperation.
Where purchases of physical items from Pantha are made pursuant to a shipment contract for example where goods are to be shipped to another country/state, the risk of loss and title for such items pass to you upon our delivery to the independent carrier.
We ask that you please check your order upon delivery. If you’re not completely happy with your fresh or perishable products, let us know within 1 day from your delivery date and we’ll give you a full refund. If there is any damaged or incorrect product(s) (including delivery of additional product(s) not ordered by you), please contact us within 1 days of your delivery date at firstname.lastname@example.org or call us. Pantha at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).
For items listed by third party sellers (including electronics, large items, or high value items over 250,000 UGX) that are faulty, damaged, expired, or not as described on Website, please email us at email@example.com or call us within 3 days of your delivery date, and we’ll do our best to resolve the matter either by replacing the product or by issuing you a credit.
We ask that all returned products are not used or expired, and in the original box and/or packaging. Pantha reserves the right, but has no obligation to, inspect the returned product and to determine whether the product was rightfully returned in accordance with this paragraph. Where Pantha exercises its right to inspect the Product, Pantha’s decision in respect of such returned products shall be deemed final and binding on you.
Pantha does not take title to returned items until the item arrives at our physical address. At our discretion, a refund may be issued without requiring a return. In this situation, Pantha does not take title to the refunded item.
The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Site, the App and all Content shall vest in and remain with Pantha and its licensors. Consent is granted to view, electronically copy, and print in hard copy portions of the Site for the sole purpose of placing an order with Pantha for your use. Any other use of the materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Pantha is strictly prohibited. You acknowledge that Pantha and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Pantha reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Pantha.
The trademarks, logos and service marks ("Marks") displayed on this Site or App are the property of Pantha and other third parties, and all rights to the Marks are expressly reserved by Pantha and relevant third parties. You are not permitted to use the name of Pantha or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of Pantha or such third party.
The domain name on which the Site is hosted on is the sole property of Pantha and you may not use or otherwise adopt a similar name for your own use.
Comments, Feedback, and Other Information
You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. Pantha reserves the right (but not the obligation) to review, remove or edit such content.
You hereby grant Pantha a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable license to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any comments that you provide or publish through or in relation to the Site or App, for any purpose as Pantha may require at its sole discretion. You further agree that Pantha may use and publish your name in connection with such comments.
Disclaimers & Limitations
While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the Site, App, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Pantha disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Pantha does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, quality, suitable, available, accurate, uninterrupted, error-free, or without omission, that defects will be corrected, or that the Site, App, Services, or Content are free of viruses or other harmful components, or that the download, installation or use of the App or any Content in or with any device will not affect the functionality or performance of the device. Pantha does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site or the App in terms of their correctness, accuracy, completeness, reliability, or otherwise.
The Site, App, and Service is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise including or otherwise, including, without limitation, any limitation, any implied warranty or merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by guarantee as to the reliability, safely, timeliness, quality, suitability or availability of any services, products, or goods obtained by third parties through the use of the services or Site, App, or Services. Your use of the Site, App, or Services and any third party services or products remains solely with you to the maximum extent permitted by law.
You agree that:
Pantha shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, App or Services without assigning any reason; and access to or the operation of the Site, the App and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors. Pantha’s Site, App, and Service may be subject to limitations, delays, and other problems inherently and in any such event, Pantha shall not be liable for any loss, liability or damage, which may be incurred as a result.
In no event shall Pantha be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, the App, Content or any other website or device. In the event that Pantha is liable for damages despite the foregoing provision, you agree that Pantha’s aggregate liability to you for any and all causes of action in relation to:
In no event shall Pantha be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site, App or Content, or your use of, or the inability to use, the Services, Site, App, Content or any other website or device, even if Pantha or a Pantha authorized representative has been advised of, or should have foreseen, the possibility of such damages.
You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by Pantha at either reasonable costs or no costs to you.
Pantha may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users. Pantha has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites. Pantha does not endorse, recommend or guarantee any of the Linked Sites, and Pantha expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.
Security & Privacy
Suspension and Termination
You agree that Pantha has the right in its sole and absolute discretion and without notice or liability to: restrict, suspend, or terminate your access to all or any part of the Site, App or Services; and/or terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account, without assigning any reason.
Notification of Infringement
Pantha reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of the Site, App, Services or Content (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, App or Services, please notify Pantha in writing immediately in the form and containing the information prescribed by the Copyright and Neighboring Rights Act (Cap. 215) (“Infringement Notice”).
Pantha will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Pantha in respect of any Infringing Material, unless you have first given Pantha the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Pantha refuses or fails to remove the Infringing Material within a reasonable time. Where Pantha removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Pantha under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Pantha.
You acknowledge and agree that Pantha has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Sites or other third party sites.
The Site, App and Services are meant for use by residents of Uganda. Pantha makes no representation that the Services and Contents of the Site or App are appropriate or available for use in your location. Those who choose to access this Site or App from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Relationship of Parties
Any dispute or claim relating in any way to your use of any Pantha Service, or to any products or services sold or distributed by Pantha or through www.panthastore.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our office. Pantha will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the region where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Governing Law & Jurisdiction