We are Louico Limited (“We”, “Us”, Our, the “Company”) a company registered in the Ministry of economy and trade of the Democratic republic of Congo. A cross border e-commerce platform, connecting migrants with their friends, family and business back home in Africa. By providing online services that brings them a little closer to home. With our services you can top up mobile credit from different providers online, as well as make orders of a variety of goods which your chosen recipient will pick up. If you would like to contact us please email us at beinvenu@louicoltd.com
1. Acceptance of the present Terms of Service
We want you to have an amazing experience using Louico, so please read the Terms of Services carefully. They tell you who we are, how we will provide our services to you, how you and we may bring the contract to an end, what to do if there is a problem and other important information.
These terms of service (the "Terms") constitute a legally binding contract between you, the “User” and Us. The Terms govern your use of the Company Site and services and your legal relationship with our Company. By accessing or using the Site and/or any content, materials or services made available through it you are agreeing to be legally bound by these Terms.
We reserve the right to make changes to these Terms from time to time at our sole discretion. Your use of the Site will be subject to the most recent version of the Terms posted on the Site at the time of such use. Although we recommend that you read through the Terms available on the Site from time to time, so that you can be sure that you are aware of the latest version, we will give you reasonable prior notice if we intend to make any changes to these Terms that may be materially to your detriment before such changes take effect.
1.1 Creating Your User Account
1.1.1. To register on our Platform you must be at least 18 years old. By registering with Us you are representing and warranting to us that: (i) you are or over 18 years old; (ii) you have not previously been banned from the Site; and (iii) you do not already have an account registered with us. We do not allow multiple accounts on our Site.
1.1.2. To create a user account and have access to Louico, you have to provide us with personal information. This personal information is required to enable you to use all the platforms functionalities.
1.1.3.While creating your account, you must provide us with the correct information, especially email and do not create an account without your own identity. In the event that your access to Louico has been suspended, interrupted or somehow blocked or removed by Louico, you won’t be allowed to create a new user profile.
1.1.4.Your account belongs to you and will not be shared with others. With this in mind you agree to keep your password secure. You will be responsible and liable for any actions of any person logging into the Site using your username and password. Within your account you’ll receive suspicious login email notifications. If you’ve identified any unauthorised use, or received a login email alert. You should change your password immediately if you suspect that anyone else knows your password or that anyone has accessed your account without your permission.
1.1.5.We reserve the right at any time for any reason to refuse, terminate or suspend your right to access or use Louico immediately and without notice if we have a good reason, including any violation of our Community Guidelines.
2. Your Data
Louico will comply with all of its obligations under applicable data protection law with regard to relevant data in its possession relating to you. Data collected by us as part of the Services will be treated in accordance with our Privacy Notice. These documents set out how we use and protect the information you provide to us. We recommend that you read the Privacy Notice carefully.
3. Use of Service and Cost
You agree to use the Applications and Services solely in accordance with these Terms and to comply with applicable law and the provisions set out in these Terms.
You may not use the Applications or Services: (i) in violation of any law, statute, rule or regulation; or (ii) in connection with any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (iii) in any manner that encourages, promotes, facilitates or instructs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity. The Services shall only be provided to you by Louico in respect of the mobile phone operators and other service providers available on the Applications (which are subject to change and availability).
Services are provided by Louico upon successful payment by you. Occasionally, there may be a short delay before the relevant third party delivers the Product to the recipient. Where contact details have been provided, we will send you a confirmation email or SMS which contains details of the Services as soon as your transaction has been successfully completed. In the case of Top-up, you agree and understand that Louico only acts on your authorisation to send the Top-up and the relevant third party shall be solely liable to you and the recipient, where applicable, for the provision of the services related to the Top-up. Once a Top-up is sent, it can be used immediately and therefore it cannot be refunded or removed. To avoid Products being provided to the wrong phone or email address, Louico asks you to confirm, where applicable, that the recipient details you have entered are correct.
You acknowledge that you will lose the right to cancel the Services once they have been fully performed by Louico. Accordingly, you will have no right to request a refund under the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. Please note that the Applications limit the number and value of Products that can be purchased or received, including over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the Applications and the purchase of Products may be applicable from time to time.
4. Topping Up Credit
You will be required to input certain information (e.g. a receive mobile phone number or email address) in respect of the Services or the Applications. It is your responsibility to ensure that you have correctly inputted the information. In the case of Top-up, you will then be required to select the amount of Top-up that you wish to purchase. The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Applications before you are asked to confirm your transaction and proceeding with the transaction at this point is entirely optional. In the case of Top-up, the cost will vary depending on the amount of Top-up that you wish to send. If the Top-up you purchase is to be received in a different currency to the currency of your chosen payment method, the payment amount will be subject to the applicable FX rate on the payment date. You may also be charged a secure online processing fee in respect of any Product you purchase through the Applications.
5. Placing An Order, Its Acceptance & Pick Up
Please follow the onscreen prompts to place an order, selecting recipient and pick up location where the recipient will pick up the goods ordered.
Placing an order: Louico’s order process allows you to check and amend any errors before submitting your order to Louico. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.
After you place an order, you will receive an email from Louico acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Louico’s acceptance of your order will take place as described below.
Accepting your order: Louico’s acceptance of your order takes place when we call you to accept your order and confirmation of payment, at which point the Contract between you and Louico will come into existence. In the event Louico cannot accept your order or if Louico is unable facilitate Goods being picked up for any reason, Louico will inform you of this by email, voice call or WhatsApp message on the Services platform and Louico will not process your order. If you have already paid for the order, Louico will refund you the full amount charged as soon as possible.
Order Pick Up: Once order is confirmed and payment has been successfully processed, the recipient you have selected will be notified and will pick up the goods ordered in the pick-up location you have selected.
6. Our Goods
The images of the Goods displayed on our Services platform are for illustrative purposes only. Although Louico has made every effort to display the colours accurately, Louico cannot guarantee that your computer’s or phone’s display of the colours accurately reflect the colour of the Goods. The colour of the Goods may vary slightly from those images.
The packaging of your Goods may vary from that shown on images on Louico’s Services platform.
Louico reserves the right to amend the specification of the Goods if required by any applicable statutory or regulatory requirement.
7. Price of Goods
The prices of the Goods will be as quoted on the Services platform at the time you submit your order. Louico will take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
Prices for the Goods may change from time to time, but changes will not affect any order you have already placed.
The price of the Goods does not include delivery charges. The delivery charges are as advised to you during the check-out process, before you confirm your order.
8. PAYMENT
You can only pay for Goods using wire transfer, debit card or credit card.
Payment for the Goods and all applicable pick up service charges will be in advance.
9. EVENTS OUTSIDE OUR CONTROL
Louico will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
Louico will contact you as soon as reasonably possible to notify you; and
Louico’s obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
You may cancel the Contract affected by an Event Outside Our Control [which has continued for more than [30] days]. To cancel please contact us.
10. OWNERSHIP
The Services and all rights therein are and shall remain Twiga’s property or the property of Twiga’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
in or related to the Services except for the limited license granted above; or
to use or reference in any manner Twiga’s company names, logos, product and service names, trademarks or services marks or those of Twiga’s licensors.
11. NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Louico does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.
12. DISCLAIMER
The Services are provided “as is” and “as available”. Louic disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
In addition, Louico makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Services, or that the Services will be uninterrupted or error-free. Louico does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the Services, remains solely with you, to the maximum extent permitted under applicable law.
13. LIMITATION OF LIABILITY
13.1. Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by negligence; (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us; or (c) any other liability which may not be limited or excluded by applicable law.
13.1.2. You agree that we shall not be liable for: (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or (b) any direct or indirect loss of profit, anticipated savings, opportunity or business and loss, corruption or damage to data, in each case whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with: (i) any use of this Site or the services provided through it; (ii) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services provided through it irrespective of the duration of any period of unavailability; (iii) any use of or reliance upon any adverts, information, material, or other products or services offered through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage; and (iv) any tenancy or lodging arrangements of any kind that you enter into as a result of using our Site.
14. LIMITATION OF LIABILITY
For any claim or dispute, the user is invited to contact Louico in the first instance at beinvenu@louicoltd.com in order to allow an amicable solution to be found. 14.1. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.1.2. These terms are governed by DR Congo law and you can bring legal proceedings in respect of the products in the DR Congo courts.
If you have any questions or comments regarding the Terms, the Services and the Contract please contact Louico by sending an email to the address or calling the number specified on Louico’s Services platform.