Terms & Conditions
PLEASE READ THE TRADE TERMS AND CONDITIONS CAREFULLY BEFORE ENGAGING ANY FURTHER WITH TIYENI XPRESS OR USE OF THE TIYENI XPRESS PLATFORM, OR ANY RELATED LINKS OR WEBSITES. USE OF AND/OR REGISTRATION ON THE PLATFORM WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THESE TRADE TERMS AND CONDITIONS. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS & CONDITIONS. YOU MUST NOT TRADE WITH TIYENI XPRESS OR USE THE PLATFORM IF YOU DO NOT AGREE TO THESE TRADE TERMS & CONDITIONS OR ANY ASPECT THEREOF.
The terms “Customer”, “User”, “You” or “Your” applies to any individual or party trading with Tiyeni Xpress and/or using the Tiyeni Xpress platform in any capacity.
1. Platform Registration
Registration for an Account is free and does not oblige the Customer to purchase anything, however, you must have successfully registered for an Account to be a Customer, have a username and password before you will be able to transact on the platform.
To register for an Account, you will be required to provide Tiyeni Xpress with your information which is protected by our privacy policy. In registering for an Account you undertake to provide Tiyeni Xpress with complete and accurate information and by so doing, you warrant that the information provided is true and correct.
Transacting on the platform includes online transacting and the Customer agrees that transacting on Tiyeni Xpress’s platform is entirely at the Customer’s own risk and responsibility. The Customer agrees that transacting with Tiyeni Xpress on the platform is subject to the provisions of Electronic Instructions and all other provisions, waivers and indemnities as set out herein, and all other related policies such as the Refunds Policy, Privacy Policy and the Terms of Use Policy.
2. Use of the Platform
The Customer agrees that once the correct username and password have been entered to access the Customer’s Account, irrespective of whether the activity is unauthorised or fraudulent, the Customer bears all responsibility and is fully liable for all transactions and activities on the platform.
The Customer agrees to notify Tiyeni Xpress immediately upon becoming aware of or reasonably suspect any unauthorised use of the Customer’s Account and to take steps to mitigate any resultant loss or harm.
You may not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the platform. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the platform or the information contained therein.
You clearly understand and agree that you bear the full responsibility and carry all risks in respect of the use of whatsoever nature conducted on the platform. Tiyeni Xpress bears no responsibility and accepts no liability under any circumstances for any damages suffered or losses incurred from the use or misuse of the platform.
3. User & Customer’s Obligations
You agree and warrant to Tiyeni Xpress that all information provided by you:
- is accurate and not false, misleading, deceptive, or fraudulent;
- is given in compliance with all applicable laws, government regulations or guidelines;
- is not forged, threatening, offensive or constituting harassment;
- does not contain any viruses, worms, Trojan horses or other invidious programs;
- will not defame (libel or slander) another person or transmit misleading or inaccurate information.
The purchase of any services or items from Tiyeni Xpress is absolutely at your own risk.
4. Orders, Services & Products
You may order products or book services, which Tiyeni Xpress in its sole discretion may accept, reject or amend. Whether or not Tiyeni Xpress accepts an Order depends on the availability of items/services, correctness of information, and receipt of payment.
Tiyeni Xpress will indicate the rejection of an Order by cancelling it and, where applicable, refunding any amounts paid. Tiyeni Xpress reserves the right to amend the Order relating to the availability of items and shipping/service schedules. You agree that once an Order has been submitted, it cannot be cancelled unless specified by service-specific terms.
5. Returns & Refunds Policy
Due to the nature of our on-demand services (food, rides, stays), all sales are generally final. Physical items cannot be returned or exchanged unless assessed to be defective and in original condition.
Where Tiyeni Xpress accepts a return by written confirmation: returns accepted are for online platform credit or replacement items and exclude shipping costs and surcharges. The items must be new or in an unused condition. The Returns Policy forms part of the Terms & Conditions and the Customer must refer to the specific module's policy for details.
6. Price Policy & Taxes
The prices listed on the platform are subject to change without prior notice. All Orders will be billed at the prices prevailing at the time of Order confirmation. The prices listed are inclusive of Value Added Tax (“VAT”) or other applicable Sales Taxes for the respective region of operation.
7. Delivery & Fulfillment
The Customer may request delivery to any address within the operational zones of Tiyeni Xpress. Tiyeni Xpress reserves the right to refuse delivery to any address which is not feasible or constitutes an unacceptable risk.
Delays in delivery for any reason whatsoever or failure to deliver within the estimated time will not diminish any of the rights of Tiyeni Xpress, and Tiyeni Xpress shall not be held responsible or liable for loss sustained due to such delay.
8. Default by the Customer
Where the Customer has breached any of the Terms and Conditions, Tiyeni Xpress may demand immediate payment of any monies owing, suspend or terminate access to the platform, cancel any Orders, and require security for full satisfaction before any further services are rendered.
9. Availability, Errors & Omissions
Tiyeni Xpress shall take all reasonable care to accurately reflect description, availability, and pricing. Should there be any errors or omissions, Tiyeni Xpress will not be held liable. Tiyeni Xpress reserves the right to refuse or cancel any Orders relative to inadvertent errors.
Tiyeni Xpress will use reasonable endeavours to maintain the availability of the platform, but reserves the right to discontinue providing the platform or any part thereof with or without notice.
10. Customer Privacy Policy
Tiyeni Xpress shall take all reasonable steps to protect the personal information of users. This is strictly managed in accordance with the Malawian Data Protection Act, 2023.
11. Payment Options & Security
Payment may be made via Visa, MasterCard, and integrated digital wallets. Card transactions will be acquired for Tiyeni Xpress via PayFast or other approved payment gateways. We use strict encryption, and no card details are stored directly on the Tiyeni Xpress platform. Customer details will be stored separately from card details entered on secure gateway sites.
12. Merchant Outlet & Country of Domicile
The merchant outlet country at the time of presenting payment options to the cardholder is Malawi. Transaction currency is the Malawian Kwacha (MWK).
This platform is governed by the laws of the Republic of Malawi. Tiyeni Xpress chooses as its domicilium citandi et executandi for all purposes under this agreement in respect of court processes, notices, or other communications.
13. Limitation of Liability & Disclaimer
The use of the platform is entirely at the Customer's own risk. Tiyeni Xpress disclaims liability for any damage, loss, or liability, whether direct, indirect, or consequential in nature, arising out of or in connection with the Customer's access to or use of the platform. Tiyeni Xpress, its directors, and employees shall under no circumstances become liable for losses resulting from delays, incorrect supply, unlawful platform activity, or defective items/services.
14. Promotions, Competitions & Giveaways
All promotions, competitions, and giveaways offered by Tiyeni Xpress are subject to their own specific terms and conditions outlining eligibility and redemption processes. By participating in any Tiyeni Xpress promotion, you agree to be bound by those specific terms.
