THE COMPANY IS A TECHNOLOGY COMPANY. THE COMPANY IS NOT A FOOD OR BEVERAGE VENDOR. THE SERVICE OF THE COMPANY IS TO LINK INDEPENDENT THIRD-PARTY FOOD DELIVERY SERVICE PROVIDERS (“DELIVERY SERVICE PROVIDER”) WITH APPLICATION USERS AND FOOD AND BEVERAGE SERVICE PROVIDERS AVAILABLE ON OUR APPLICATION (“VENDOR”).
IT IS UP TO EACH DELIVERY SERVICE PROVIDER TO OFFER AND PROVIDE FOOD DELIVERY SERVICES TO YOU. THE MERCHANTS ALSO OPERATE INDEPENDENTLY OF THE COMPANY. THE SERVICE OF THE COMPANY DOES NOT NOR IS IT INTENDED TO PROVIDE FOOD AND BEVERAGE AND/OR DELIVERY SERVICES. THERE WILL BE NO ACT OF THE COMPANY THAT CAN BE CONSTRUED IN ANY WAY AS AN ACT OF A VENDOR OR DELIVERY SERVICE PROVIDER. THE COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY DELIVERY SERVICE PROVIDER OR VENDOR. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE VENDOR’S FOOD PREPARATION, FOOD HYGIENE AND SAFETY AND THE COMPANY DOES NOT VERIFY ANY VENDOR’S COMPLIANCE WITH APPLICABLE LAWS OR FOOD HYGIENE AND SAFETY REGULATIONS.
1. Representations and Warranties
The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than the purposes for which the Software and/or the Application is intended to be used.
By using the Software or the Application, you agree that:
· You will only use the Service for lawful purposes;
· You will not use the Service, the Application and/or the Software for sending or storing any unlawful material or for fraudulent purposes;
· You will not use the Service, the Application and/or the Software to cause nuisance, annoyance, inconvenience or make fake bookings and/or orders;
· You will not use the Application and/or the Software for purposes other than obtaining the Service;
· You will not use the Service, or any content accessible through the Service, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, Application user or Delivery Service Provider, unless the Company has given you specific consent to do so in writing;
· You will not copy any content displayed through the Service and/or the Application, including but not limited to Merchants’ menu content and reviews, for republication in any format or media;
· You shall not contact the third party transportation provider and/or Delivery Service Provider for purposes other than the Service;
· You will not copy, or distribute the Software or other content without written permission from the Company;
· You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
· You acknowledge and agree that only one (1) account can be registered on one device;
· You will only use an access point or data account which you are authorized to use;
· You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;
· You are responsible for ensuring that the delivery details entered by you on the Application are accurate and complete. The Company shall not be liable in the event of late delivery or non-delivery of items that you order by reason of erroneous delivery details entered by you on the Application.
The Application allows you to place orders for items from Merchants, such orders to be delivered to you by Delivery Service Providers, subject to the terms and conditions set out herein.
The Company does not own, sell or resell any items and does not control the Merchants, the Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and delivery location serviceability of the Merchants and the Delivery Service Providers.
As a general rule, all order and delivery bookings placed on the Application are treated as confirmed. However, upon your successful completion of a booking, the Merchant and/or the Delivery Service Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid, any change in price of the order, and/or the estimated delivery time.
The Company, Merchant and Delivery Service Provider reserve the right to not to process your booking in the event you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable, and in such event the provisions relating to cancellation below shall be applicable.
The prices of items reflected in the Application are determined solely by the Merchant and are listed for information only.
Prices of items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by Merchant, be incorrectly reflected and in such event Merchant may cancel your order(s).
The Merchant shall be solely responsible for any warranty in relation to, and quality of, the products sold to you and in no event shall the foregoing be the responsibility of the Company.
3. Booking Cancellation
As a general rule you shall not be entitled to cancel your booking once you have received confirmation of the same. The Company, Merchant and Delivery Service Provider will have the right to not proceed with your booking in the following circumstances:
· where the requested delivery location falls outside the delivery zone offered on the Application;
· failure to contact you by phone or other means at the time of confirming the order booking;
· failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery; or
· unavailability of all the items ordered by you at the time of booking.
You shall pay for the order and delivery bookings by cashless method(s) such as but not limited to credit card or debit card, Internet banking where available by such other methods as are made available in the Application.
Once the delivery to you has been completed, you are required to make payment in full for the order and delivery and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the items and/or delivery service provided, then that dispute must be taken up with the Merchant and/or Delivery Service Provider directly.
5. Loyalty Programme
By using the Application, you will automatically be a member of the loyalty programme named operated by the Company and/or its Affiliates.
6. Internet Delays
THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE VENDOR OR THIRD PARTY TRANSPORTATION AND/OR DELIVERY SERVICE PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
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