Mangochip Limited (the “Company”, “we”, “us”, “our”) owns the rights to the website of the Hylo application whose domain is [link] (“Website”) and to its related mobile application (“App”) (together the “Platform”).
This Cancellation and Refund Policy (the “Policy”) sets out the basis upon which Parties may cancel an order and/or claim for a refund.
DEFINITIONS AND INTERPRETATION
This Policy may contain a number of terms and phrases which have a specific meaning in this document. In this Policy, headings are for convenience and shall not be used in its interpretation.
Unless we indicate to the contrary in this Policy, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa.
The following definitions and rules of interpretation shall apply in this Cancellation and Refund Policy:
“Account” means a Customer’s user account on the Platform;
“Affiliate” means, in relation to a body corporate, its holding company or its Subsidiary or any other Subsidiary of such holding company or any other body corporate which is Controlled by the same person(s) who Controls the body corporate; and in relation to an individual means a body corporate which the individual Controls or a parent, spouse, child or family trust of the individual;
“Applicable Law” means, from time to time, any law (including statutory, common or customary law), statute, constitution, decree, judgement, treaty, regulation, directive, by-law, order, other legislative measure, or any directive, requirement, request or guideline (whether or not having the force of law but, if not having the force of law, is generally complied with by the persons to whom it is addressed or applied) of any government, supranational, local government, statutory, regulatory, self-regulatory or similar body, authority or court, as amended, replaced, re-enacted, restated or reinterpreted;
“Company” means Mangochip Limited;
“Customer” means a user of the Platform requesting goods and/or services;
“Parties” means all parties to this Policy and “Party” shall mean any one of them as the context may require; and
“Vendor” means an independent contractor that intends to provide products and services through the Platform.
Once a Customer has placed an order through the Platform and the order has been accepted by the Company and the Vendor, such order cannot be cancelled. If the Customer has a history of cancelling orders frequently, the Company may in its sole discretion refuse to process the cancellation even if it is prior to the order being accepted by the Company and the Vendor.
If a Customer cancels their order after acceptance as stipulated in clause 3.1 above, the Company has the right to collect a penalty of 100% of the value of the order for breach of contract (“Cancellation Fee”) as compensation for the costs incurred by the Company, with a right to either retain the Cancellation Fee in the case where the Customer has paid for the cancelled order or to recover the Cancellation Fee from the Customer’s subsequent order where the Customer did not pay for their cancelled order.
In the event of an item or service ordered by a Customer being unavailable, the Company will contact the Customer to inform the Customer of such unavailability. In such circumstances, the Customer will be entitled to cancel the full order and will be entitled to a full refund if such an order is pre-paid.
The Company has the right to collect a penalty from a Customer for orders cancelled by the Company for reasons not attributable to the Company, including but not limited to:
the address supplied by the Customer being incorrect or outside of the delivery zone;
being unable to contact the Customer by phone or email at the time of delivery; and
failure to deliver the order due to a lack of information or authorisation from the Customer.
In a situation where a cancellation is not attributable to the Customer, the Customer shall not be charged.
The Customer may be entitled to a refund on a pre-paid order if the refund has been requested due to one of the following reasons:
the items delivered do not match the items ordered by the Customer;
some items were missing from the Customer’s order on delivery;
the items delivered are damaged at the time of delivery
the package has been tampered with prior to delivery;
the items have not been delivered within 2 hours of the order being accepted by the Company and the Vendor; or
the items were never delivered.
Refunds will only be processed in accordance with this Policy, in the payment method that was used when the order was created, and into the account it was paid from. A refund once approved may take up to 7 business days to reflect in a Customer’s account.
All refunds requests will be assessed by the Company on a case by case basis.
If the Customer opts to pay on delivery, they will not be required to pay for any items that are damaged, missing or incorrect.
In case of a complaint of any spurious product and/or service or any complaint relating to the quality of any product and/or service, the liability shall solely lie with the Vendor providing such product and/or service. The Company is merely facilitating the transaction between the Vendor and the Customer and therefore, the Company shall assume no liability with respect to the products and/or services provided by the Vendor.
If you have any questions relating to this Cancellation and Refund Policy, please contact us on [insert contact address].
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