Terms And Conditions (15th January 2019)
- FoodKarma Limited is a company limited by shares incorporated under the laws of the Abu Dhabi Global Market (the “Company”, “we”, and “our”). The Company’s mission is to raise awareness of food waste by making surplus food available for collection before a food Vendor closes its business for the day or night as well as other ancillary services in connection with this aim.
- The United Arab of Emirates is our country of domicile.
- Our app (the “App”) provides a way for the end user (the “Customer” or “you”) to communicate his or her orders for food (“Products”) at Vendors, restaurants, cafes, supermarkets, bakeries, hotels, gas stations, etc. (“Vendors”) displayed on the App (the “Service”)
- These terms and conditions (these “T&Cs”) issued by the Company apply to any sale of Products carried out via the Company’s website(s) (http://www.foodkarma.ae and any other website owned by us) (the “Website”) or the App to Customers.
- While we seek to ensure that the App is available 24 hours a day, 7 days a week, the Company does not undertake any obligation to do so, and will not be liable to the Customer if the App is unavailable at any time or for any period.
- The Customer who are minor /under the age of 18 shall not register as a customer of the Website and App and shall not transact on or use the App.
- When placing an order, the Customer accepts these T&Cs and therefore the Customer is required to review the T&Cs thoroughly before placing an order on the App.
- By accepting these T&Cs, the Customer agrees to receive all relevant information in English.
- Furthermore, by accepting these T&Cs, the Customer agrees to receive emails and text messages related to any orders placed by the Customer. This is required in order to ensure that the Customer receives all essential notifications related to the order.
- The Company has the right to revise and amend the T&Cs from time to time. The Customer’s order will be subject to the T&Cs applicable at the time when the Customer placed the order. Additionally, and specifically, these T&Cs may be changed or updated occasionally to meet the requirements and standards. Therefore, Customers are encouraged to frequently visit these sections to be updated about the changes on the Website and App. Modifications will be effective on the day they are posted.
- We may terminate, without notice, your access to the App for failure to comply with these T&Cs. In addition, we shall be entitled, in our sole discretion, to suspend, restrict and/or terminate, without notice of any kind, your access to the App for any reason.
- The Customer is responsible for maintaining the confidentiality of his/her account.
- The Company does not, in any way, manufacture, sell, purchase, Vendor, prepare, produce, process, mark, pack, deliver or handle the Products.
- The Customer can find information about the Products and a description of the Products on the App.
- The description in the App is only instructive and for the purpose of to evaluate selected Products before making the purchase. There may be instances where the information is not updated and where the actual product range, stocked item etc. is not as stated on the App. In such cases, we have no liability. If the Customer is in doubt about allergy warnings, contents of a dish or any other menu information, the Customer shall confirm with the Vendor directly before ordering, and waives any liability towards the Company in such respect.
- The Company will not trade with or provide any services to OFAC and sanctioned countries.
Ordering of Products
- A list of Vendors can be found in the app. The App will track the Customer’s location and the App will show a list of Vendors near the Customer (or the location selected by the Customer). Once the Customer has selected the Vendor and Product, the Customer will be given the opportunity to submit his or her order by clicking “buy”, “reserve”, “place my order” or a similar button. It is important to check the Vendor and Product before clicking or selecting this button - once the Customer does so, the App will process the order and errors cannot be corrected.
- The supply of Products on the App is only an invitation to the Customer to place an order.
- Upon receiving the order, the Company will process it by sending the order to the relevant Vendor. The Company will notify the Customer that the order has been received and is being processed. Please note that any confirmation page that the Customer may visit on the App merely indicates that the order has been received and is being processed and does not mean that the order has been accepted by the Vendor. Thus, the agreement between the Customer and the Vendor is not final until the Customer has received a receipt in the App (an “Order Confirmation”).
- Please note that due to the nature of the Concept, Products may be sold out. We accepts no liability in this regard. The Vendor may cancel the order placed by the Customer until two hours before pick-up time. If a Vendor cancels an order the Customer will receive an email and an SMS (provided that the relevant contact information given by the Customer is correct).
- By placing an order through the App, the Customer is deemed to have accepted these T&Cs.
Order Confirmation and invoice
- After placing the order, the Customer will receive an Order Confirmation by email and on the App within 5 minutes. This means that the order is accepted (subject to cancellation as set out herein). The Order Confirmation should be saved by the Customer. The Order Confirmation will contain information regarding the order placed by the Customer and the Customer’s name, address, payment information, the Products ordered, price, terms of payment, time and place of pick-up and a link to the T&Cs accepted by the Customer.
- All prices are indicated United Arab Emirates Dirham (AED) and include applicable VAT and delivery fees (if applicable). Any fees related to the order and payment will be calculated and listed when the Customer places the order.
- Any fees charged by the Company will be clearly set out in the App as part of the price being paid for the Product. No other charges will be made to the Customer other than as set out on the order page of the App.
- The Customer can pay by Visa or Mastercard.
- The Payment Service Provider needs to collect payment information (credit card information), as it is necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations), without it, you will not be able to use the App.
- Upon placing a purchase order, the amount stipulated by the Vendor for the Products (“Purchase Price”) is reserved on the Customer´s account according to the chosen payment method (“Account”). The Purchase Price is charged to the Customer´s account after pick-up of the Products. The Purchase Price is collected by the Company from the Customer on behalf of the Vendor. The Company may amend, modify or restructure the payment procedure for its Customers, as it deems reasonable.
- The App uses licensed Payment Service Providers. Payment by debit or credit card on the App is safe and certified by the card issuer. All payments are made through an encrypted internet connection.
- The Customer (and Cardholder) must retain a copy of transaction records and merchant policies and rules.
- If the Customer’s credit card or payment method is rejected when trying to pay for an order, the Customer should verify that the entered information is correct.
- In some cases, The Company may receive an error code when a Customer’s credit card or payment method is rejected. The error code makes it possible to identify the cause of rejection. In order to give the Customer the opportunity to correct the error, we may inform the Customer in the App about why the credit card or payment method was rejected.
- If the Customer has corrected the error and the credit card is still rejected, we recommend that the Customer contacts his or her bank.
- Due to standard banking procedures, once the Customer has submitted an order that is paid for by credit or debit card and the payment has been authorised, the bank or card issuer will reserve the full amount of the order. If the order is subsequently rejected by the Vendor or cancelled for any other reason, the bank or card issuer will not transfer the funds for the order to the Company and will instead refund the Customer by releasing the relevant amount back into the Customer’s available balance. However, this may take 10-45 days (or longer, depending on the Customer’s bank or card issuer), and the Company does not have authority to make enquiries to a Customer’s bank or card issuer on specific payment issues - the Customer must do so.
- By accepting these T&Cs, the Customer acknowledges and agrees that The Company is not responsible or liable to the Customer in relation to the above.
- In case of non-delivery of food items by food outlets bought with FoodKarma, customers are entitled to receive full refund through the original mode of payment.
- Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card.
- Except in respect of delivery, Products ordered on the App must be picked-up by the Customer at the stated pick-up address. The pick-up time will normally be a time period of 10-30 minutes but can be both shorter and longer. Vendor description and details about when and where the Products can be picked up will appear on the App and in the Order Confirmation. If the Customer arrives late, the Vendor may be closed. Customers are requested to show respect for the Vendor´s guests and personnel. Any unacceptable behavior may lead to the Customer being banned from the App and the Vendor.
- Customer’s may be entitled to dine in at the Vendor’s premises if stated on the App.
- If the Customer does not pick up the order on time, the Vendor is entitled to sell the Product to another party, without any liability to the Customer, and the Company is entitled to charge the Purchase Price from the Customer.
- Upon pick-up, the Customer must show his or her Order Confirmation in the App to the Vendor’s employees. It is the Customer’s responsibility to ensure that the Order Confirmation in the App can be shown at pick-up. The Customer is required to make sure that the Products and number of Products delivered correspond to the Customer’s order.
- Further, the Company is not liable or responsible for any failure or non-compliance with respect to its Services if such failure is caused by circumstances outside the Company’s control. Such circumstances include but are not limited to disruptions in the operation of the Company and/or the Vendor as a result of legislation, acts of state or public authorities, acts of war, terrorism, strikes, physical blockades, lockouts and natural disasters.
Right of cancellation; Zombies
- Since the Products are perishable goods, the Customer is not entitled to cancel the order less than 3 hours before the time of pick-up or after the time of pick-up.
- Any cancellation following an Order Confirmation will be in the discretion of the Company.
- In the case of a Zombie Apocalypse all orders will be immediately terminated and access to the App will be removed for anyone suffering symptoms that we reasonably believe may lead to such person evolving into a Zombie. For the purposes of this paragraph, “Zombie Apocalypse” means any pandemic involving viral infections being transmitted via bites or transmission of bodily fluids resulting in such recipient to turn into a Zombie, and “Zombie” means any previously living organism whose corpse is reanimated with no apparent mental function other than to pursue living organisms in order to consume the flesh, bodily fluids, blood, or body parts of such living organism with a view (or subconscious purpose) to furthering the spread of such pandemic and ultimately resulting in the end of civilisation as we know it.
Right of complaint
- It is advised, that the Customer verifies the content of the Product upon receipt.
- In case of a complaint, the Customer shall contact the Company by sending an email with the order no. and information about the Products and why the Customer is unsatisfied. After receiving the complaint, we will process the complaint in cooperation with the Vendor if relevant and the Customer will receive a reply from us within 10 working days
Limitation of liability
- Except as explicitly set forth herein, neither the Company, its affiliates or any of such party's shareholders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation warranties of merchantability or fitness for a specific purpose. In addition, you hereby agree and acknowledge that: (i) we shall not be responsible for any statements or representations made or actions taken by any other party using the Website and/or App or reviewing any of your content; (ii) we do not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party; (iii) we are not responsible for vendors, users or any other party's compliance with applicable laws, rules or regulations; (iv) our services are administrative in nature and we are not responsible for ensuring that any third party honour any offer, coupon, rebate, discount or other obligations such third party may have towards you; (v) we shall not, under any set of circumstances, be responsible or liable for any content, including any content which may violate applicable law and/or a third party's intellectual property rights; (vi) the Website and/or App may not function properly or as intended at times; and (v) we shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you.
- We are not liable to you for failure or delay in performing any obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control.
- The Customers agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from the Customer’s unauthorized use of the Website and/or App or from any breach by you of these T&Cs, including without limitation any actual or alleged violation of any laws, rules or regulations under applicable law.
In particular, (but without limitation), any reviews that the Customer submits through the App may not:
- contain any defamatory, obscene or offensive material;
- promote violence or discrimination;
- infringe the intellectual property rights of another person or legal entity;
- breach any legal duty owed to a third party (such as a duty of confidence);
- promote illegal activity or invade another’s privacy;
- offend any moral principles or public policy matters in the country of residency of the Customer;
- give the impression that they originate from us; or be used to impersonate another person or to misrepresent your affiliation with another person.
- The prohibited acts listed above are non-exhaustive. We reserve the right to remove or edit at any time any reviews posted, uploaded or transmitted to the App (or the Website or app store) if we determine that the review breaches one or more of the prohibitions mentioned above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
- The reviews contained on the App are for information purposes only and do not constitute advice from us. Reviews reflect the opinions of customers who have ordered through the App or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any reviews, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that the Customer may encounter in any such reviews.
- If a Customer in any way misbehaves, insults the employees or other customers of a Vendor or the Company, commits a crime against or in the Vendor or the Company, violates the code of conduct rules of the Vendor or the Company or conducts similar behaviour, we may, in our discretion, ban or suspend the Customer from the App and the Services.
- The Customer is granted a limited license to use the App. This license is non-exclusive and non-transferable and shall only be used by the registered Customer and may be withdrawn by us at any time.
- The Customer may use the App and print and download extracts from the App for his or her personal non-commercial use on the following basis:
- The Customer must not misuse the App (including hacking or “scraping”).
- Unless otherwise stated, the copyright and other intellectual property rights in the App, on the Website, and in material published on it (including without limitation photographs and graphical images) are owned by the Company or its licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these T&Cs, any use of extracts from the App other than in accordance with this paragraph is prohibited.
- The Customer may not modify the digital or paper copies of any materials that he or she prints in accordance with this paragraph and the Customer may not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
- The Customer shall ensure that our status as the author of the material on the App is always acknowledged and referenced.
- The Customer is not allowed to use any of the materials on the App or the App itself for commercial purposes without obtaining a license from us to do so.
- Except as stated in this paragraph, the App may not be used, and no part of the App may be reproduced or Vendor in any other App or included in any public or private electronic retrieval system or service, without our prior written permission.
- These T&Cs and any contract for the purchase of Products are subject to the laws of the Abu Dhabi Global Market.
- Any dispute arising out of or in connection with these T&Cs shall be subject to the exclusive jurisdiction of the Courts of the Abu Dhabi Global Market.
The Company’s contact information and customer service
- FoodKarma Limited
- +971 50 561 8559
- Office 2428 ResCo-work03, 24th Floor, Al Sila Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates, PO Box 644795
- [email protected]
- We obtain and store the information you provide when you register on our App. When you register with us, you generally provide:
- your name, email address, user-name, password and other registration information;
- transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us;
- information you provide us when you contact us for help; and information you enter into our system when using our services, such as contact information.
- Visa or MasterCard debit and credit cards in AED will be accepted for payment. All credit and debit cards details and personally identifiable information will not be stored, sold, shared, rented or leased to any third parties.
- In addition, we may collect certain information automatically, including, but not limited to, the type of web-browser and/or mobile device you use, (IP) address, your login details, browser type and version, your operating system type and version, your device type and network, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, and information about the way you use the Website and/or App.
- We may also use GPS technology (or other similar technology) to determine your current location and display a location map with relevant details. We will not share your current location with other users or partners.
- If you do not want us to use your location for the purposes set forth above, you should turn off the location services in your mobile phone settings and/or within the App.
- We will use your information to provide and personalise our service. We will also use your contact details to communicate with you. We may use your information to send you special offers, and news about our services or those of relevant companies which we think may be of interest to you. We may contact you by post, email or telephone (including SMS) for these purposes. We may also use and analyse the information that we collect so that we can review, administer, support, improve, and develop our business and services.
- We may use aggregate information (meaning the information which do not identify you personally) for any purpose and share aggregate information with third parties for any purpose. We may share the information gathered using cookies, pixel tags and other similar technologies with our third-party vendors. Use of this data is to improve our site by responding to our users' interests and providing more relevant and useful information. For example, we use aggregate information collected on the Website and the App to evaluate how they are being used. In addition, we may collect and analyse information about how many visited certain pages, time spent on those pages, and any subsequent page visits. This information allows us to determine which pages might be the most interesting and popular with visitors. It enables us to provide visitors with a better and richer experience.
- The Company takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, the Website/App cannot guarantee the security of any information that is disclosed online.
- The Company is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. You should contact these entities directly if you have any questions about their use of the information that they collect.
- We may disclose personal information in circumstances where: you agree; as permitted by applicable laws, court order or regulatory authority; for the purposes of prevention of fraud or other crime; or if we believe that such action is necessary to protect and defend the rights, property or personal safety of the Company, the App, or its visitors.
- The Company will not pass any debit/credit card details to third parties (except as otherwise permitted under these T&Cs).
- If we undergo reorganisation, restructuring, change of control, financing or investment, you agree that any personal information we hold about you may be transferred to any or third party connected with such transaction.
- We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating the Website and/or App, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
- We comply with our statutory obligations regarding retention of data. We will retain your information in accordance with current legislation for as long as necessary for the purposes defined above. After that time, we will remove unnecessary data and continue to process the Data Subject’s name and contact details and individual data items describing the Data Subject’s profile for marketing purposes as long as the data subject does not deny us the right to send marketing messages. If the Data Subject objects to marketing messages and there is no other basis for processing, we will retain the Data Subject’s opt-out decision and contact details to ensure that we are able to enforce that decision. In the above situation, the Data Subject may request the removal of data in its entirety. You may, within the framework of applicable regulations, influence the retention period of data by exercising your rights depicted in this Privacy Statement.
- We aim to ensure that the personal data in our possession is up to date and valid by updating outdated data and removing unnecessary data. From time to time, we may prompt you to check that your data is up to date.
- A ‘cookie’ is a small bit of data used by a browser to store information. These enable us to provide you with more personalized services when revisiting the Website and/or the App. Cookies can be deleted from your hard drive if you wish. Most web browsers automatically accept cookies, but you can change your browser settings to prevent this. Even without a cookie you can use most of the features on the Website and/or the App. Our cookies do not contain any personally identifying information.
Your rights regarding privacy
- The Customer can influence the processing of your data by exercising the following rights:
- you can ask us for a copy of the personal information we hold about you by sending us a signed written request;
- you can inform us of any changes to your personal information, or if you want us to correct any of the personal information we hold about you;
- in certain situations, you can ask us to erase, block or restrict the personal information we hold about you, or object to particular ways in which we are using your personal information; and in certain situations, you can also ask us to send the personal information you have given us to a third party.
- Where we are using your personal information on the basis of your consent, you are entitled to withdraw that consent at any time. Moreover, where we process your personal information based on legitimate interest or the public interest, you have the right to object at any time to that use of your personal information.
- We rely on you to ensure that your personal information is complete, accurate and up to date. Please inform us of any changes to or inaccuracies in your personal information by contacting [email protected] We will respond to your request as soon as possible but within 30 days.
- We want to safeguard the confidentiality of your information and therefore take great care to ensure the security of this site and our server. We offer the use of secure communication transmission software (known as "secure sockets layer" or "SSL") that encrypts all information you input to the Website or App before it is sent to us. SSL is an industry standard encryption protocol, and this ensures that the information is reasonably protected against unauthorized interception.
- We also follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorized access to that information and limit access to this information to authorized employees and contractors who may require access to that information to provide our services.
- Although we endeavour to provide reasonable security (as per the industry standards) for information we process and maintain, please be aware that no security system can prevent all potential security breaches.