Terms and Conditions for TiPrix.mu Online Portal
By accessing and using this Portal, you agree to be bound by the following terms and conditions including all the policies mentioned hereunder (hereinafter referred to as the “Terms & Conditions”). In case you do not accept to be bound by these Terms & Conditions, you may not use this Portal including any services provided hereunder.
- The Online Portal
1.1. This Online Portal accessible on https://www.tiprix.mu (hereinafter referred to as the “Portal”) is owned and operated by TiPrix Online Ltd Limited, a company having its principal place of business at Royal Rd, Chemin 20 pieds, Triolet, bearing Business Registration Number C17145497 (hereinafter referred to as “TiPrix Online Ltd”).
1.2. You acknowledge and accept that these Terms & Conditions must be read together with the following policies which are also accessible hereunder:
- Registration Policy
- Products & Services Policy
- Delivery Policy
- Cancellation of Order & Refund Policy
- Returns & Refund Policy
- Liability & Disclaimer Policy
The above policies shall collectively be referred to as the “Policies”.
1.3. These Terms & Conditions apply to persons purchasing Products or Services from the Portal, as well as any persons visiting same.
1.5. TiPrix Online Ltd reserves its right to amend these Terms & Conditions at any time at its sole discretion. We recommend you to read and acknowledge these Terms & Conditions each time you access the Portal.
- Definitions and Interpretation
2.1. Unless otherwise specified or unless the context clearly indicates otherwise, the following terms shall have the following meanings ascribed to them:
2.1.1. “Business Day” means any day of the week other than Saturday, Sunday or public holiday in the Republic of Mauritius;
2.1.2. “Calendar Day” means any day of the week, including Saturday, Sunday or public holiday in the Republic of Mauritius;
2.1.3. “Direct Marketing” means to approach a person, either in person or by mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, any goods or services to the person;
2.1.4. “Intellectual Property" means, collectively, the patents, copyrights (and moral rights), Trade Marks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, Know-How, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which are owned by, licensed to, used and/or held (whether or not currently) by TiPrix Online Ltd on or in connection with this Portal;
2.1.5. “Know-How” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secret and other processes and methods used by TiPrix Online Ltd in connection with this Portal, as well as, all available information regarding marketing and promotion of the Products and Services described in this Portal, as well as all and any modifications or improvements to any of them;
2.1.6. “TiPrix Online Ltd” will include the employees, officers, advisers, service providers, suppliers and content providers of TiPrix Online Ltd;
2.1.7. “Products & Services” products, devices, accessories, content, any other products or services which may be offered by TiPrix Online Ltd on the Portal;
2.1.8. “Trade Marks” means those trademarks owned by companies within TiPrix Online Ltd and any other trademarks, designs, logos, style names and slogans which TiPrix Online Ltd either owns or has the right to use or any derivative service offerings of, and applications for, any of same;
2.1.9. “Portal Material” means the contents of this Portal, including without limitation, all and any information, data, documents, Intellectual Property, material, products (including software) or services contained in, accessed through, or downloaded or obtained from this Portal;
2.1.10. Terms like “you”, “your”, “Customer” refers to any person accessing the Portal and/or registering on the Portal.
- Capacity to Contract
You hereby warrant to TiPrix Online Ltd that you have the required legal capacity to enter into and be bound by a contract to make any online purchase on the Portal under the laws of Mauritius. You warrant that you are 18 (eighteen) years or older.
- Modification of these Terms & Conditions
4.1. These Terms & Conditions shall commence from the date on which they are published on the Portal and continue indefinitely. TiPrix Online Ltd reserves the right, in its sole discretion, to amend, including without limitation, by the addition of new terms & conditions, at any time and from time to time and/or terminate these Terms & Conditions in its entirety and/or cease the operation of the Portal at any time, with no liability or recourse to you.
4.2. Any such amendments shall come into effect immediately and automatically. It is your responsibility and you undertake to read these Terms & Conditions each time before using the Portal for any such amendments.
4.3. TiPrix Online Ltd will notify you of amendments to these Terms & Conditions as and when they arise, by publishing a notice of such amendments on the Portal, which you will be required to accept before using the Portal.
4.4. If you choose to visit the Portal, your visit and any dispute over your privacy is subject to these Terms & Conditions, including limitations on damages, resolution of disputes, and application of the law of the Republic of Mauritius.
- Other Terms and Conditions
Certain Products & Services offered on the Portal may be subject to specific terms and conditions as indicated on that part of the Portal (see Product conditions & Services Policy) and your use of those Products & Services will also be subject to those specific terms and conditions governing those relevant Products & Services. To the extent that those specific terms and conditions conflict with these Terms & Conditions, then those specific terms and conditions shall take precedence.
- Login and Registration
Prior to any online purchase, you have to register your details online in order to initiate any order whether prepaid or postpaid transaction. (Please refer to the Registration Policy)
- Portal Material - Scope of Permitted Use
7.1. Subject to the provisions of these Terms & Conditions, you may only download, view and print the Portal Material online restrictively for your own personal use and only for non-commercial purposes.
7.2. You may not alter, modify, decompile, copy, reproduce, distribute, transfer, sell, transmit, display, broadcast, publish, exploit, license or create derivative works from the Portal. You must get TiPrix Online Ltd’s prior written approval if you wish to copy, reproduce, distribute, transmit, display, broadcast or publish any of the Portal Material, whether electronically or otherwise.
7.3. You may not use this Portal or its material for any illegal or unlawful purposes or as prohibited by these Terms & Conditions.
7.4. You may not link to any page on this Portal or frame same or any of the pages on this Portal in any way whatsoever without the prior written permission of TiPrix Online Ltd. Recognizing the global nature of the Internet, you agree to comply with all local laws, rules and regulations regarding online conduct.
7.5. You may not transfer any rights or obligations in terms of these Terms & Conditions to any other person or entity.
7.6. You are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you for the exercise of your rights of permitted use of the Portal.
- Your behavior when using the Portal
8.1. You may not use the Portal to obtain or distribute:
8.1.1. Material which is defamatory, unlawful or contains hate speech; or
8.1.2. Bulk e-mail, whether solicited or unsolicited.
8.2. You must not interfere with or jeopardise the functionality or the operation of any part of the Portal or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Portal or its material.
8.3. You are strictly prohibited from using the Portal for spoofing, hacking, flaming, cracking, phishing or spamming; and/or any other malicious behaviour.
8.4. You may not intercept any information transmitted to or from TiPrix Online Ltd or this Portal which is not intended by TiPrix Online Ltd to be received by you.
- Disclaimer and Limitation of Liability on this Portal
The use of the Portal and reliance on any Products & Services is subject to the Liability & Disclaimer Policy.
- Warranties and Indemnities
You hereby indemnify TiPrix Online Ltd and its officers, directors, employees, representatives or contractors or other persons for whom in law TiPrix Online Ltd may be liable from any loss, damages, liability, claim or demand due to or arising out of your use of the Portal or its material or your breach of these Terms & Conditions.
- Governing Law
This Portal is hosted, controlled and operated from the Republic of Mauritius. The parties agree that these Terms & Conditions shall be governed by and construed and interpreted in accordance with the laws of the Republic of Mauritius.
- Whole Agreement
12.1. These Terms & Conditions, together with the Policies, constitute the whole agreement between you and TiPrix Online Ltd relating to your access to and use of the Portal.
12.2. No indulgence, extension of time, waiver or relaxation of any of the provisions or terms of these Terms & Conditions which TiPrix Online Ltd may show, grant or allow you shall operate as an estoppel against any party in respect of its rights under these Terms & Conditions nor shall it constitutes a waiver by TiPrix Online Ltd of any of TiPrix Online Ltd’s rights and TiPrix Online Ltd shall not thereby be prejudiced or stopped from exercising any of its rights against you which may have arisen in the past or which might arise in the future.
14.1. In the event that any claim, matter or dispute arises between you and TiPrix Online Ltd arising out of or in connection with your use of the Portal, same must be referred to the Customer Services Department by contacting our Customer support department on 59611005/59611015 or by email on firstname.lastname@example.org. Both parties shall first strive to amicably resolve all matter or disputes arising from the interpretation or performance of these Terms and Conditions, failure of which, the matter or dispute will be resolved in accordance with the Mauritian Code of Civil Procedure.
14.2. Notwithstanding the clause 14.1, TiPrix Online Ltd reserves the right to deal with any legal claims arising from the matter in a forum of its choice, which will include but will not be limited to, the courts of the Republic of Mauritius. This right will continue to apply after termination, cancellation or amendment of these Terms & Conditions. You agree that TiPrix Online Ltd is entitled, but is not obliged, to institute any proceedings arising out of or in connection with these Terms & Conditions or your use of the Portal or its material, in any court in the Republic of Mauritius having jurisdiction over you, even though the cause of action in question may exceed the jurisdiction of that court.
14.3. Notwithstanding the above provisions, either party shall be entitled to institute action in any court of law of competent jurisdiction to obtain urgent interim relief or, in the case of TiPrix Online Ltd, including but not limited to, for the collection of any outstanding debts due and payable by you to TiPrix Online Ltd.
- Address for delivery of notices
TiPrix Online Ltd chooses the below address for the delivery of notices for all purposes under these Terms & Conditions, whether in respect of court process, notices or other documents or communications of whatsoever nature:
TiPrix Online Ltd Ltd
Chemin 20 pieds
Attention: General Manager. (JayPrakash Boojhawon)
- Removal of Access
TiPrix Online Ltd may, in its sole discretion, change, amend, suspend, withdraw or discontinue any aspect, feature, Products & Services or information contained on the Portal at any time. TiPrix Online Ltd may also impose limits on certain features and services or restrict your access to any or all of Portal or Portal material without notice or liability.
- Intellectual Property Rights
All the content, Trade Marks and data (including copyrighted content) on the Portal, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to TiPrix Online Ltd and as such are protected from infringement by local and international legislation and treaties. Any and all copyright subsisting on the Portal, including these Terms & Conditions, vested in TiPrix Online Ltd and all rights not expressly granted are reserved. The re-publication or distribution of any content available on the Portal including by framing or similar means is prohibited.
- Electronic Communications
You consent to receive communications from TiPrix Online Ltd electronically and agree that all such agreements, notices, disclosures and other communications are deemed to be duly sent by TiPrix Online Ltd for the purposes of these Terms and Conditions.
By registering & accepting these Terms & Conditions, you acknowledge and accept to receive promotional advertisement from TiPrix Online Ltd from time to time.
- Registration Policy
1.1. This Registration Policy must be read together with the Terms and Conditions for TiPrix Online Ltd Online Portal and the Policies indicated therein.
1.2. Customers are free to browse the Portal without registration, but registration is mandatory for the customer to be able to perform the following:
- Make online Purchases
- Receiving newsletters with exclusive online offers
- Opening an online account
1.3. Customers will need to provide the following details to process their registration:
- Mobile Phone Number
- A valid e-mail address. (This e-mail address will be used for identification purposes and for sending notifications and electronic receipts)
1.4. Online registration is free of charge for the Customer.
1.5. TiPrix Online Ltd shall use all reasonable endeavours to protect the Customer’s information submitted on the Portal in line with the Data Protection Act.
1.7. Customers need to enter their email (e-mail address provided under Clause 1.3 above) and password (obtained upon registration) to log-in online.
1.8. Payment can be made using a MasterCard or Visa Card or by internet banking or by direct payment with our delivery agent at the moment of delivery.
1.9. The Customer agrees that:
- He will keep his username and password safe, and will not share them with anyone.