Legal · UpDash Mauritius
UPDASH CUSTOMER TERMS OF SERVICE
These Terms govern customer access and use of the UpDash Platform in Mauritius.
- Version
- 1.1
- Effective date
- 26 February 2026
- Jurisdiction
- Republic of Mauritius
Section 01
1. INTRODUCTION
These Terms of Service ("Terms") govern your access to and use of the UpDash platform, including our website, mobile applications, and related services (collectively, the "Platform").
UpDash acts strictly as an agent facilitating orders between Customers and independent Vendors. UpDash handles delivery logistics but does not prepare, manufacture, or own the Goods listed by Vendors.
By accessing or using the Platform, you agree to be bound by these Terms.
Section 02
2. ELIGIBILITY AND SECURITY MONITORING
2.1 Eligibility
You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you meet this requirement.
2.2 Security Monitoring
UpDash may collect and process technical data including IP address, device information, and session metadata for purposes of fraud prevention, abuse detection, security monitoring, rate limiting, and system integrity.
Section 03
3. ROLE OF UPDASH
3.1 Agency Role
UpDash acts solely as a commercial agent facilitating Orders between Customers and independent Vendors. UpDash is not the seller, manufacturer, or owner of the Goods offered by Vendors. The contract for the purchase of Goods is formed directly between the Customer and the Vendor.
3.2 Vendor Responsibility
Vendors are solely responsible for preparation, quality, legality, and compliance of Goods.
3.3 Delivery Responsibility
UpDash is responsible only for delivery logistics once an Order is accepted.
3.4 No Partnership
Nothing herein creates a partnership, joint venture, or employment relationship between Customer and UpDash.
3.5 Limited Data Sharing for Order Fulfilment
By placing an Order, you authorize UpDash to share limited personal information, including your first name, first letter of your last name, phone number, and delivery address, with the assigned Vendor and Driver strictly for the purpose of preparing and delivering your Order.
Vendors and Drivers are contractually prohibited from using such information for marketing or any purpose unrelated to Order fulfilment.
Section 04
4. ORDERS
4.1 Formation of Order
An Order is formed once confirmed by the Platform.
4.2 Vendor Acceptance
Orders are subject to Vendor acceptance.
4.3 Cancellation After Acceptance
Once accepted by a Vendor, Orders cannot be cancelled except as provided under Section 7.
Section 05
5. DELIVERY
5.1 Delivery Times
Delivery times are estimates only.
5.2 Customer Availability
Customer must be available to receive the Order.
5.3 Failed Delivery
Failure to receive the Order may result in cancellation without refund.
Section 06
6. COMPLAINT WINDOW
6.1 Time Limit
Any complaint must be submitted via the Platform within two (2) hours from the recorded delivery time.
6.2 Deemed Acceptance
After this period, the Order shall be deemed accepted and complete.
6.3 Mandatory Law Exception
No complaints shall be accepted beyond this period except where required by mandatory law.
Section 07
7. REFUND POLICY
All refunds are subject to investigation and strict verification.
7.1 Full Refund (Issued as UpDash Credits)
A full refund shall be issued where:
- Vendor rejects or cancels the Order;
- Driver collects Goods and delivery becomes impossible due to loss or emergency;
- Platform error results in non-delivery.
7.2 Partial Refund (Issued as UpDash Credits)
A partial refund may be issued only if:
- Missing items are confirmed;
- Incorrect items are confirmed;
- Quality complaint is verified;
- AND the Vendor agrees to accept responsibility.
7.3 No Refund Shall Be Granted If:
- Complaint is filed outside the 2-hour window;
- Insufficient evidence is provided;
- Vendor does not accept responsibility;
- Customer provides incorrect delivery information;
- Customer is unavailable at delivery;
- Fraudulent or abusive conduct is suspected.
7.4 Refund Method
Refunds shall primarily be issued as UpDash Credits to the Customer Wallet.
UpDash may, at its sole discretion, issue refunds to the original payment method.
Section 08
8. UPDASH CREDITS (WALLET SYSTEM)
8.1 Nature of Credits
UpDash Credits are not legal tender and hold no monetary value outside the Platform.
8.2 Expiry
Credits expire one (1) year from issuance.
8.3 Transferability
Credits are non-transferable and non-cashable.
8.4 Revocation
UpDash may revoke Credits in cases of fraud, abuse, or chargeback.
Section 09
9. FRAUD AND ABUSE
UpDash reserves the right to suspend or terminate accounts for:
- Repeated unsubstantiated refund claims;
- Chargebacks after credit issuance;
- Abusive conduct toward Vendors or Drivers;
- Manipulation or exploitation of promotions.
UpDash may freeze Wallet Credits pending investigation.
9.1 Fraud Detection and Profiling
UpDash may use automated systems and manual review processes to detect fraudulent or abusive behavior, including repeated refund abuse, suspicious complaint patterns, misuse of promotions, or other conduct deemed harmful to the Platform.
Where serious abuse is confirmed following investigation, UpDash reserves the right to permanently restrict or terminate access to the Platform.
Section 10
10. GIFT CARDS
10.1 Expiry
Gift Cards expire one (1) year from issuance.
10.2 Claim Requirement
Gift Cards must be claimed before expiry.
10.3 Non-Refundable
Gift Cards are non-refundable and non-exchangeable.
10.4 Incorrect Email Disclaimer
UpDash is not responsible for incorrect recipient email provided by purchaser.
Section 11
11. RESTRICTED GOODS
Future sales of alcohol, tobacco, pharmacy products, or other restricted goods shall require age verification.
UpDash reserves the right to refuse delivery where legal requirements are not met.
11.1 Age Verification
Where restricted goods are offered, Customers agree to provide valid government-issued identification for age verification purposes.
UpDash may temporarily retain such identification strictly for compliance, audit, and dispute resolution purposes in accordance with the Privacy Policy.
Section 12
12. LIMITATION OF LIABILITY
12.1 Liability Cap
UpDash's total liability shall not exceed the value of the relevant Order.
12.2 Excluded Damages
UpDash shall not be liable for indirect, incidental, consequential, special, or exemplary damages, including loss of profits, goodwill, data, or opportunity.
12.3 Non-Excludable Rights
Nothing excludes liability for fraud, wilful misconduct, gross negligence, or non-excludable statutory rights under Mauritian law.
12.4 Security Incidents
UpDash shall not be liable for unauthorized access, data loss, cyber incidents, or system interruption arising from factors beyond its reasonable control, provided that UpDash has implemented reasonable and industry-standard security measures.
12.5 Third-Party Service Providers
UpDash relies on third-party service providers for hosting, payment processing, messaging, and technical infrastructure.
UpDash shall not be liable for service interruptions or failures caused by such providers beyond UpDash’s reasonable control.
Section 13
13. DISPUTE RESOLUTION
13.1 Internal Resolution
Customers must first contact UpDash Support for internal resolution.
13.2 Resolution Period
UpDash shall attempt resolution within fourteen (14) days.
13.3 Governing Law
These Terms are governed by the laws of Mauritius.
13.4 Jurisdiction
The Courts of Mauritius shall have exclusive jurisdiction.
Section 14
14. DATA PROCESSING AND TRANSFERS
14.1 Privacy Policy Reference
By using the Platform, you acknowledge that your personal data will be processed in accordance with the Privacy Policy.
14.2 Cross-Border Transfers
Personal data may be processed outside Mauritius where UpDash utilizes secure cloud infrastructure or service providers.
UpDash implements appropriate safeguards to protect personal data during such transfers.
14.3 Deletion and Anonymization
Upon verified deletion request, personal data shall be anonymized in accordance with the Privacy Policy, except where retention is required by law or for legitimate compliance purposes.
Section 15
15. AMENDMENTS
UpDash may amend these Terms at any time. Continued use constitutes acceptance.
Section 16
16. SEVERABILITY
If any provision is held invalid, the remainder shall remain enforceable.
Section 17
17. CONTACT
Email: legal@updash.mu
Website: https://www.updash.mu