Terms and Conditions

Ratification of the agreement

By entering, connecting, using or creating an account on this website and its associated applications on iPhone, iPad, Android, and any mobile application (hereinafter collectively referred to as the "Platform") including without limitation to any services offered on the Platform, you acknowledge that you have read and understood the following Terms and Conditions (collectively the "Terms"), including these Terms, terms of our Privacy Policy available at www.Jivatma Seva .com and you agree to be bound by them and to comply with all the applicable laws and regulations regarding your use of the Platform. You acknowledge that these Terms constitute a binding and enforceable legal contract between yourself and DELIVERY HERO Jivatma Seva D.B. LLC (hereinafter referred to as "Jivatma Seva ", "Company", "we", "us", "our") with reference to the use of this Platform. Please read these terms before ordering any items from our application.

You become a user of the Platform ("User" or "you"), by entering, using, browsing or registering on the Platform. As a User, you agree and undertake to comply with the provisions of these Terms.

You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your Internet connection are aware of these Terms and that they comply with them. By viewing, using, accessing, browsing, or submitting any content or material on the Platform, you agree to these Terms as a binding legal agreement, without limitation or qualification. The term "you" or "You" shall include any person or entity, who views, uses, accesses, browses or submits any content or material to the Platform.

If you do not agree to these Terms, then you may not use the Platform. Jivatma Seva reserves the right to modify these Terms at any time without prior notice. You agree that each visit you make to the Platform shall be subject to the Terms as displayed, and your continued use of the Platform now or following the modifications in these Terms confirms that you have read, accepted, and agreed to be bound by such modifications.

Our Services

The Platform allows its Users who agree to the Terms to order from its partnered restaurants, vendors, groceries etc. that may be operated by third parties or affiliated companies (hereinafter referred to as the "Merchants").

The purpose of this Platform is to provide a simple and convenient service to Users, linking them to Merchants in their area for delivery (our "Service") to order a variety of goods including prepared meals, beverages, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods"). Some of the Goods such as - but not limited to - pharmaceuticals on our Platform may be subject to restrictions for purchase (“Restricted Goods”).

Interactive options allow Users to build and submit orders at the click of a button. When you place an order from a Merchant, Jivatma Seva acts as a facilitator on behalf of that Merchant to conclude your order from the Platform and to manage your experience throughout the order processing. We have created the Platform to serve as a marketplace for its Users.

Jivatma Seva does not sell or interfere in any way in the production of any goods or service produced by the Merchants. What this online market offers to the Users is the ability to search for and find local Merchants that deliver or make these Goods available to their addresses and enables ordering them through this Platform. The Merchants are obligated to comply with the country's local laws, rules, regulations, and standards pertaining to goods and services preparation, sale, marketing and safety.

However, it is important for Users to understand that Jivatma Seva does not in any way independently verify the credentials, representations or products of Merchants, the ingredients or the quality of any products, or that a Merchant is in compliance with applicable laws. Users must make themselves comfortable through information provided by Merchants on the Platform or as requested by Users directly from the Merchants as to the quality and reliability of the Merchants, as well as to their compliance with applicable laws.

We reserve the right, but are not obligated, to restrict or limit the sales of our Goods to any person, geographic region or jurisdiction. Due to the laws in some countries, we shall not offer for sale certain goods, or restricted items to you. Any offer for any Goods made on the Platform is void when it is prohibited by law.

Jivatma Seva does not in any way guarantee the quality of any Goods or that any Goods complies with applicable laws and does not guarantee matching the list of Goods displayed on the Platform to what is actually provided to the Users. In addition, a Merchant may represent that goods and services preparation is in accordance with special standards, for example (including without limitation) to "organic," "macrobiotic" or allergen-specific standards, for example (including without limitation) "nut-free", "gluten-free", or "lactose-free". However, Jivatma Seva is not obligated to provide ingredient information or allergen information on the Platform. Further, Jivatma Seva does not guarantee that the Goods sold by Merchants are free of allergens, unless otherwise required by applicable laws. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Merchant before placing an Order on our Platform. as Jivatma Seva does not independently investigate or verify such representations.

Jivatma Seva and the Merchants (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Jivatma Seva and/or the Merchants reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Jivatma Seva nor the Merchants shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.

Jivatma Seva shall not be liable or responsible for any goods and services offered by Merchants that is unhealthy, is the cause of injury, that is otherwise unacceptable to Users or that does not meet the expectation of Users in any manner. Users are solely responsible for verifying the accuracy of delivery addresses, and Jivatma Seva shall have no liability or responsibility for any such erroneous addresses. All goods and services preparation and deliveries are the sole responsibility of the Merchant accepting the order. Please be aware that the Merchant will do everything they can to meet the delivery time specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.

Creating an Account for the Platform

A User can create an account on the Platform and can determine their own "user name" and "password" which are determined by the User herself/himself. The "user name" is personal to the User and the same "user name" is not given to two different Users. The "password" is only known by the user. The user can change the password at any time. It is solely under the responsibility of the user to select and protect the password. Jivatma Seva is not liable for any problems, which may arise from the use of password. Jivatma Seva informs the user about the promotions, which take place in the user's area and from which the user may benefit, by emails. Jivatma Seva may share your username and password with the third party companies for the purpose of providing our Service – for example, the phone number may be shared with the Merchant which deals with take-out goods and services, in order to provide a faster and correct delivery. For the user to connect to the services, which require an Account of the Platform, the user must enter the user name and password. This process is called "login" to the Platform.

By using this Platform, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your User profile on the Platform or by contacting us, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

You are not allowed to register multiple Accounts for use by the same person. Violation of this clause may result in termination of your account. Users' passwords should be kept confidential at all times and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your Account. If you know or suspect that someone has knowledge of your password, then you should contact us immediately.

You may not use the Platform for any unlawful or unauthorized purpose, including without limitation to:

  • Distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material. Transmitting material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
  • Interfering with any other persons use or enjoyment of the Platform.
  • Damaging, disabling or impairing the operation of this Platform or attempting to gain unauthorized access to this Platform or to networks connected to it, through hacking, spoofing or other such similar means.
We expect a device to hold one User account only. We may allow service in such cases but we will not allow the use of promotions.

If you wish to delete your Account, please contact us via the Platform chat feature requesting the same.

How to make an order and how it works

Once you have selected your Goods from the list of your chosen Merchant you will be given the opportunity to submit your order by clicking on the "Checkout" button (the "Order"). Please note it is important that you check the information that you enter and correct any errors before clicking on the "Checkout" button since once you click on this input, errors cannot be corrected. On receipt of your order, the Platform will begin processing your order and we will send an email and message on the final page that your order has been received and sent successfully to the Merchant. Where any payment you make is not authorized you will be returned to the previous page on the Platform and we shall not be obliged to provide the services.

Order Cancellation

The Customer shall not be entitled to cancel a food meal order nor be eligible for any refund in case the Customer cancelled such order after the Vendor’s acceptance, unless the cancellation is a result of Jivatma Seva or the Vendor's default. For the avoidance of doubt food meal order means any order from a restaurant/coffee shop/ juice bar or pastry shop.

In the event Jivatma Seva is unable to deliver the food meal order to the Customer for reasons due to the Customer's act, failure to act, default, omission, and/ or negligence, Jivatma Seva reserves the right to cancel the order without any refund to the Customer.

If the Customer is eligible for a refund for a cancelled order subject to the provisions of this T&Cs, the order value paid by the customer will be refunded to the customer's Jivatma Seva Credit, unless the customer requests otherwise, and in the latter case, the refund will be made only to the original payment method used for making the order.

It can take anywhere from 7 - 14 business days (or even up to 30 days for overseas banks) for your refund to be processed and reflected in your bank account, in consideration of the time and procedures required from Jivatma Seva and/ or the Credit Card Company and/ or the Bank.

For non-food vertical orders, any cancellation, return, or refund of items or orders shall be in accordance with the consumer protection laws and regulations applicable in the UAE. For the avoidance of doubt non-food vertical orders means any order from a shop under groceries, flowers, electronics, health & beauty.

Delivery

You understand that the available goods offered by Jivatma Seva may vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on different conditions such as: weather, traffic, situations of force majeure, etc.

Delivery Time
Jivatma Seva shall deliver your Order to the delivery address provided by you. An estimated delivery time will be provided to you in your email confirmation as well as on the order tracking page. However, delivery times shall vary depending on factors that are not controllable (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders' on the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.

Unsuccessful or Failed Deliveries
Without prejudice to any other clauses in these Terms, in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

  • no one was present or available to receive the Order;
  • customer was uncontactable despite attempts to reach the customer via the phone number provided;
  • lack of appropriate or sufficient access to deliver the Order successfully;
  • lack of a suitable or secure location to leave the Order.

We will contact you via, among others, in-app call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, Jivatma Seva reserves the right to cancel the Order without refund or remedy to you.

No Show Cancellation
If you remain uncontactable or fail to receive the Order within reasonable time from the time the Order arrives at your delivery address, Jivatma Seva reserves the right to cancel the Order without refund or remedy to you.

Wrong Order, Missing Order, Defective Items
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via our in-app customer support chat feature immediately. In some cases, Jivatma Seva may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

Late Delivery
If your Order is significantly delayed from the estimated delivery time, please contact customer support via our in-app customer support chat feature immediately. In some cases, Jivatma Seva may request for additional information to properly investigate the issue with your Order. If we determine that the Order and/or goods you received is significantly delayed we will compensate you for your Order.

Contactless Delivery
As one of the delivery options, the customer may select (for some of the offered goods) contactless delivery (the delivery of the Order to the front door of a specified delivery address without face-to-face interaction for instance). Jivatma Seva shall not be liable for theft, damage, contamination and/or other deterioration of the goods that occur after delivery has taken place.

Pick-up Services

Pick-up Process
Where available as indicated on the Platform, you will have the option of collecting your Order in-person directly from the Merchant’s premises ("Pick-Up") instead of having the Order delivered to You. Your email confirmation will indicate the time for you to take-out the Order (“Collection Time”). The Merchant will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Merchant agrees to hold the Order for you at the Merchant’s premises for no more than a reasonable period of thirty (30) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to take-out your Order within the Holding Time.

Pick-up Liability
In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Merchant, as a recipient of messages for Jivatma Seva , before leaving the Merchant’s premises.

Your responsibilities

During the use of the services of the Platform, the User accepts and undertakes:

  • The information provided to us is correct. The User is the only party responsible for any losses which may arise from any misinformation or inadequate information (ex. forgetting the password); and in these cases his/her Account may be terminated.
  • The User is solely responsible for all personal ideas, opinions, statements set forth by the User while using the services of the Platform, all the files uploaded to the Platform and the personal information sent, and that in no way Jivatma Seva shall be held liable for these files, not to access any services provided in the Platform unauthorized and in any way other that the one identified by the Platform; not to change the software in any way; not to use the software which is identified as being changed; and to indemnify Jivatma Seva for all material and moral losses in the event the User does not comply with the aforementioned articles, Jivatma Seva shall not be responsible for any damages which may arise from reading of data belonging to any Users by any unauthorized people, not to send any messages which are threatening, immoral, racially and contrary to the laws of United Arab Emirates and international agreements, any correspondences, titles, nicknames posted to the context shall not be contrary to the rules of public morality, good manners and laws, not to harass and/or threaten other users, or any of the Platform live chat personnel, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any amoral, inappropriate and unlawful materials and information which may give harm to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, engage in any activities such as survey, competition or chain letter, not to send any information or programs which may give harm to the information or software in the computers of other users.
  • All of the records or materials obtained by using the services of Jivatma Seva are within the consent of the user; the user shall be absolutely responsible for any damages, loss of information or other losses caused by them in the user's computer; the user shall not demand any compensation for any losses arising from the use of the service, not to use the services of the Platform for any commercial and advertising purposes without obtaining the consent of Jivatma Seva . Jivatma Seva may monitor all systems at any time or continuously.
  • The Platform may use its system for commercial purposes, not to mail any information which is forbidden legally and circulate any mails which do not have authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others, The User himself/herself is responsible for all kinds of acts made under the "username", The clients must pay the service fee which is notified previously at the time of delivery of products; otherwise the products shall not be delivered to the clients. not to access the Platform or services using a third-party's account/registration without the express consent of the account holder; not to use the Platform for illegal purposes; not to commit any acts of infringement on the Platform or with respect to content on the Platform; not to use the Platform to engage in commercial activities apart from sanctioned use of Jivatma Seva services; not to copy any content, including, but not limited to Merchant menu content and third-party reviews, for republication in print or online; not to create Merchant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; not to attempt to gain unauthorized access to other computer systems from or through the Platform; not to interfere with another person's use and enjoyment of the Platform or another entity's use and enjoyment of the Platform; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked Platforms (including those of our Merchant partners).
  • All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Platform. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Platform. Credit or Debit cards used in placing orders through the online payment gateway on the Platform must belong to the user. Otherwise, the user must obtain the legal permission from the card owner to perform the transaction.
  • To purchase Restricted Goods, you must be of the statutory legal age. We and/or the Merchants, as the case may be, reserve the right to: (i) ask for valid proof of your age (e.g. ID card); (ii) refuse delivery if you are unable to prove you are of legal age; (iii) to ask for a valid medical prescription (in the case of pharmaceuticals); (iv) refuse delivery to any person for any reason whatsoever. For Restricted Goods there is no “contactless delivery”, “just drop them at the door delivery” or other similar delivery available.

User Material

Other than personally identifiable information ("Personal Data"), which is covered under the Platform Privacy Policy, any material you transmit or post to this Platform will be considered non-confidential and non-proprietary. the Platform will have no obligations with respect to such material. the Platform and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

You are prohibited from posting, uploading or transmitting to or from this Platform any material that:

Breaches any applicable local, national or international law;
Is unlawful or fraudulent.
Amounts to unauthorized advertising; or
Contains viruses or any other harmful programs.
You may not misuse the Platform (including by hacking).
Any comments or feedback that you submit through the Platform must not:
Contain any defamatory, obscene or offensive material;
Promote violence or discrimination;
Infringe the intellectual property rights of another person;
Breach any legal duty owed to a third party (such as a duty of confidence);
Promote illegal activity or invade another's privacy;
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 in the above paragraphs are non-exhaustive. You will pay Jivatma Seva for all costs and damages which it incurs as a result of you breaching any of these restrictions.

Jivatma Seva will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraph.

Acceptable Use Policy

You may not access or use the Platform for any other purpose other than that for which the Platform makes it available. The Platform is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Platform. In case of any prohibited activities committed by the user, the company has the right to suspend, block or terminate the user's Account and prevent his access to log in the service. Prohibited activities include but not limited to the following:

  • Violate any law, statute, ordinance or regulation
  • Violate applicable laws or industry regulations regarding the sale of alcoholic drinks or prescription drugs and devices
  • Violate copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of account owner's jurisdiction
  • Any illegal products, services or activities, including encouraging, promoting, facilitating or instructing others to engage in illegal activities
  • Payments to or from any listed sanctioned countries. Businesses or businesses with persons subject to international/national sanctions, suspected or convicted of terrorism, financial crime or any other offence
  • Providing false information relating to the customer's identity or business activities
  • Any product, service or activity that finance terrorism
  • Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, products including THC, CBD or any other similar substance, any activity that relate to drug paraphernalia
  • Products, services or activities including media and journalism, that could be considered as being of a discriminatory, hateful, racist or exploitative nature, or of inciting harassment, bestiality, mutilation or violence
  • Connected to services where the service provider collects money on behalf of others as a payment services provider, cheque encashment agencies, foreign exchange providers,, money transmitters, traveler's cheques or money orders
  • Involving ammunition, explosives, arms, defense or weapons, replica weapons, gun parts or related parts or accessories, hunting, manufacture/distribution of weapons
  • Services relating to hospitality timeshares or issuing of travel visas
  • Promotion or advertising of products or services other than your own without appropriate authorisation
  • Collecting money without a license when compulsory in the account owner's jurisdiction
  • Multi-level marketing programs, network sales, matrix programs, outbound and inbound telemarketing or other similar programs including pyramid and Ponzi schemes
  • Gambling, betting activities, casinos, lotteries, sweepstakes, penny auctions, services related to fantasy sports or sports forecasting, or sale of value usable "chips" or vouchers connected to this services, certain in-purchasing games
  • Programs, materials or services related to get-rich courses or related to increasing your wealth or gambling
  • Factoring, lending, investment services, financial, escrow or mortgage services, pawn shops
  • Private business directories, businesses specializing in warning letters, liquidation or proxy services
  • Buying or selling stocks, bonds, securities, options, futures, binary options or investment interest in any entity or property, services related to raffles, debt consolidation, insurance brokers, payday lenders, medical collections, scholarship programs, payment protection insurance, currency exchange or FOREX activities
  • Modification chips (e.g. to modify a games console in order to use non-producer hardware or software)
  • Ticket agencies without a license, ticket resale
  • Replica clothes and products, or counterfeit goods
  • Objectionable, offensive, indecent, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially, ethnically or sexually offensive, or otherwise inappropriate behaviour towards the Jivatma Seva personnel.
  • Highly rated politically exposed persons (PEP).
  • Jivatma Seva reserves the right but is not obligated to do any or all of the following (with no limitation to other actions):

  • investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
  • remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
  • monitor, edit, or disclose any content on the Platform; and
  • edit or delete any content posted on the Platform, regardless of whether such content violates these Terms.
  • cancel any Order and/or suspend, deactivate or terminate your Account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Account and/or with your Order and/or any of the reasons named in section 4 of these Terms.

Authority of Jivsatma Seva

Jivatma Seva may temporarily suspend or completely cease the system operation at any time. the Platform shall not have any responsibilities against the Users of Jivatma Seva or any third parties due to the temporary suspension or complete cessation of the system operation.

The user name and password shall be displayed and approved by the registered Users. Jivatma Seva may prevent its registered Users who have created accounts on the Platform from creating new passwords or from using their old passwords for an indefinite period of time if it is deemed necessary by Jivatma Seva .

Jivatma Seva does not warrant that its services shall be provided on time in a secure and complete way, the results obtained from the services shall be correct and reliable, and that the service quality shall meet the expectations.

Jivatma Seva has the right to back-up and delete all or some of the files, messages which are provided by the Users during the use of services for some periods deemed suitable by the Platform. Jivatma Seva shall not be held responsible for back-up and delete processes.

The Platform has the ownership and copyrights arising from the ownership of the information, documents, software, designs, graphics etc. which are produced by itself and/or bought from outside.

The sales of Jivatma Seva are limited to the current availability of menus of the firms provided in Jivatma Seva . Jivatma Seva is not responsible for any item ordered and not delivered by the Merchant due to unavailability.

Jivatma Seva has right to post any information, documents, software, designs, graphics, etc. (such as the messages, poets, reports/news, file posted to the bulletin board) which are User generated and uploaded to the system by the Users and/or to transmit them to another place within the Platform deemed as appropriate by Jivatma Seva . It is probable that this information is copied and/or posted by other users. In such cases, the users shall not demand any royalty from Jivatma Seva .

The obligation to change the information in relation to the price and product specifications, which are provided to sell in Jivatma Seva , belongs to the companies which have cyber Merchants in the Platform. In the event of any misinformation relating to the price and specifications of products, Jivatma Seva may correct this mistake by canceling the order.

Jivatma Seva may provide transition for a User to other Platforms. In this case, the User agrees that Jivatma Seva shall not be responsible for the context of the Platforms, which the User may access through its Platform.

Jivatma Seva may change in time the services for which any Account is not required to a form, which requires Account. Jivatma Seva may provide additional services, change some of the services partially or completely, or transform into a paid service.

This Platform may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify Users in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Guidelines for Reviews

RELEVANCY
Reviewers must have had an experience with the Merchant firsthand.

ACCEPTABLE CONTENT
Jivatma Seva is not obligated to approve reviews on the Platform. A subset of the potential reasons for rejection are:

Offensive Language: Profanity, abusive, racist, and hate language is not tolerated in our interactive sections.
Irrelevant or non indicative content.
Discrimination based on the grounds of religion, race, gender, national origin, age, marital status or disability.
References to illegal activity or uncorrelated references towards society's traditions and values.

Conflicts of interest: Competing Merchants are not allowed to post negative reviews. Violation of this might result in permanent removal from the Platform.
Allegations of health code violations.
Outdated and obsolete information.

NOT ENDORSED
Reviews are not endorsed by Jivatma Seva, and do not represent the views of Jivatma Seva, our parent companies, our subsidiaries. Jivatma Seva does not assume liability for any review or for any claims, liabilities or losses resulting from any use of the Platform, or information on the Platform.

OWNED BY JIVATMA
Reviews are owned by Jivatma Seva exclusively in perpetuity. We have the right to reproduce, modify, translate, transmit, and/or distribute all materials relating to reviews. Jivatma Seva is under no obligation to pay the author or anyone else for their reviews.

Termination of Agreement

Jivatma Seva has the right to terminate, suspend or delete your Account and your access to or use of the Platform, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Jivatma Seva , in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of these Terms. Where appropriate, Jivatma Seva will give you the opportunity to state your position, before any termination, suspension or deletion of your account.

Restrictions for Non-Personal and Non-Commercial Use

You agree that the consequences of commercial use or re-publication of content or information of Jivatma Seva may lead to serious and incalculable monetary compensation that may not be a sufficient or appropriate remedy and that Jivatma Seva will be entitled to temporary and permanent injunctive relief to prohibit such use.

Refund Policy

Jivatma Seva takes user satisfaction very seriously. In the case of problems with your goods and services order, please contact Jivatma Seva through our live chat and we will assist you, in accordance with the provisions stipulated under Order Cancellation of this T&Cs.

For non-food vertical orders, any cancellation, return, or refund of items or orders shall be in accordance with the consumer protection laws and regulations applicable in the UAE. For the avoidance of doubt non-food vertical orders means any order from a shop under groceries, flowers, electronics, health & beauty.

Price and Payment

Once your order has been accepted, this represents an agreement between you the User and the Merchant. The Merchant has sole responsibility for this order. Cash payments are made directly to the Merchant upon delivery to fulfill the order.

Jivatma Seva does not provide any payment service either to you or to third parties. All online payments are processed via your own issuer / payment service provider and the payment service providers in partnership with Jivatma Seva .

Prices quoted on the Platform shall be displayed in the applicable country's national currency and subject to applicable tax. You accept that prices and offers on the Platform may vary from the prices and offers offered by our Merchants elsewhere (including their own websites, mobile applications, or at their brick-and-mortar outlets).

The way we display the prices of our goods may vary depending on the Merchant, and, subject to applicable laws, the prices reflected on our Platform. Prices and additional charges (including but not limited to Delivery, Small Basket or Service fees) indicated on the Platform are as at the time of each Order and may be subject to change later. Jivatma Seva reserves the right to charge fees (including but not limited to Delivery, Small Order or Service fees) for our services as we deem necessary for our business. The breakdown of the prices and additional charges (including but not limited to Delivery, Small Order or Service fees) are displayed before checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total' amount which is displayed to you.

For more information on our charges and fees, please see our blog here: https://blog.Jivatma Seva .com/feesfaqs/

Payment Methods

When using your Account as payment instrument you may choose from different payment methods as available and indicated on the Platform.

Jivatma Seva reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future Orders. Jivatma Seva does not store your credit card or payment information.

You must ensure that you have sufficient funds on your credit and debit card to fulfill payment of an Order. Insofar as required, Jivatma Seva takes responsibility for payments made on our Platform including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms

At the time of checkout, please read the applicable payment terms linked and disclaimers carefully before using any payment method.

Rider Tips

Rider Tip (as defined herein) is applicable for all orders except for cash-on-delivery orders and orders delivered by the Merchant. When you place an order on the Platform, you will have the option to pay a tip to the rider assigned to deliver your order ("Rider Tip"). Jivatma Seva will collect payment for the Rider Tip using the payment method chosen by you for the order. The rider will receive the full amount of any Rider Tip you choose to make once the delivery is completed.

If the Customer is eligible for a refund for a cancelled order subject to the provisions of these T&Cs, a refund of the rider tip paid through Jivatma Seva 's online platform, will be made to the customer’s Jivatma Seva credit unless otherwise requested, in the latter case the refund will be made only to the original payment method used for making the order.

Refunds will require time to be processed by us, your credit card company and/or your bank. It can take anywhere from 7 - 14 business days (or even up to 30 days for overseas banks) for your refund to be processed and reflected in your bank account, in consideration of the time and procedures required from Jivatma Seva and/ or the Credit Card Company and/ or the Bank.

If you have any questions or issues regarding your Rider Tip, please reach out to our customer support via email or the in-app chat feature available on the Platform.

Validity of Jivatma Seva records

In the disputes which may arise in relation to their Terms, the User agrees, states and warrants that any bookkeeping entry, microfilm, microfiche and computer records constitute a valid, binding, absolute and exclusive evidence; this article has the characteristics of an evidential contract, and that the User waives in advance all kinds of objections to the specified Jivatma Seva records and the right to tender an oath in relation to the fact that these records are kept in due form.

Governing law & competent

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. Disputes arising in connection with these Platform Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of the United Arab Emirates.

Severability

If any part of these Terms deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

License

Jivatma Seva grants you permission (which may be revoked at any time for any reason or no reason) to view the Platform and to download, email, share via social networking or print individual pages from the Platform in accordance with these Terms and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted.

You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Platform, except as specifically noted above. Except as specifically authorized by Jivatma Seva , you may not deep-link to the Platform for any purpose or access the Platform manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Platform or any information, content, or material on the Platform. Jivatma Seva reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Platform or any content contained therein, whether in whole or in part, without prior written consent from Jivatma Seva . You may become a "fan" of the Platform or share links to the Platform via social networking technology reference on the Platform. Any rights not expressly granted herein are reserved

Intellectual Property Rights

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material are the Intellectual Property of Jivatma Seva and/or third parties who have authorised us with the right to use such proprietary rights (collectively the "Intellectual Property"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Intellectual Property in any way without our prior express written consent. The use of our Intellectual Property rights, including but not limited to the Jivatma Seva 's trademarks and copyrights to the Jivatma Seva logo on any other website not approved by us is strictly prohibited. Jivatma Seva will aggressively enforce its Intellectual Property rights to the fullest extent of the laws, including criminal prosecution. Jivatma Seva neither warrants nor represents that your use of materials displayed on the Platform will not infringe or constitute a misappropriation of any rights of third parties not owned by Jivatma Seva or its Affiliates. Use of any materials on the Platform is at your own risk.

Contribution License

By posting contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to Jivatma Seva an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Platform or the promotion thereof, to prepare derivative works of, or incorporate into other works, such contributions, and to grant and authorize sub licenses of the foregoing.

Jivatma Seva has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any contributions, (ii) re-categorize any contributions to place them in more appropriate locations or (iii) pre-screen or delete any contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

Links to and from other Platforms

As a courtesy to you, the Platform may offer links to other websites/applications. Some of these websites/applications may be affiliated with Jivatma Seva while others are not. Jivatma Seva is not responsible for the contents of any website/application pages created and maintained by organizations independent of Jivatma Seva . Visiting any such third-party website/application pages is at your own risk. Jivatma Seva has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Jivatma Seva . By using the Platform, you acknowledge that Jivatma Seva is responsible neither for the availability of, nor the content located on or through any third-party website pages.

Prescription Medicine

When you order prescription medicine from our Platform, you must be 18 years of age or older. You agree to provide your or your dependent’s ID, medical prescription and health insurance information. This information will be immediately transferred to the pharmacy to verify your ID and prescription, and to process your order in accordance with our Privacy Policy. Please note that Jivatma Seva shall have no access or visibility to any information shared. In case of discrepancy of your ID or prescription, your order may be rejected. You accept that the pharmacy is solely responsible for the prescription medicine and you must raise any questions or claims in this regard to the pharmacy. You fully accept and understand that Jivatma Seva bears no responsibility or liability in relation to any issues arising out of such orders.

You may find information about the pharmacy - such as the name of pharmacy as per the competent authority’s license, the name of the pharmacy manager or pharmacist-in-charge, the name of the licensed pharmacists providing the services, the physical location of the pharmacy(s) and telephone number(s) - on the pharmacy's invoice that the pharmacy will be sending in the prescription bag.

Please note that prescriptions issued outside the United Arab Emirates are prohibited.

Delivery of prescription medicine is only possible to you personally or a representative as authorized by you who must be 18 years of age or older. Upon delivery, we may check the ID, and we may refuse delivery in case of wrong ID.

For any information on usage and dosage of the medicine, we recommend consulting the pharmacy or your doctor before taking the medicine. You understand and accept that Jivatma Seva is not a pharmacy and is only acting as a delivery partner.

You acknowledge that:

  • In accordance with the laws and regulations in force in the United Arab Emirates and the regulations applied by the authority, it is strictly prohibited to deliver medicines included in the controlled or semi-controlled category.
  • In regard to medicines that need to be refriderated between 2-8 degrees Celsius, it is prohibited to deliver this type of medicine according to the applicable conditions and standards.

Jivatma Seva Pro

The terms and conditions for the Jivatma Seva Pro (“Jivatma Seva Pro Service”) operated by Delivery Hero Jivatma Seva D.B. LLC (“Jivatma Seva ” or “we” or “us”) are applicable to all users (“Users” “you” and “your”) of the Jivatma Seva Application and its associated applications on iPhone, iPad, Android, and mobile application platforms (hereinafter referred to as the “Jivatma Seva Application” or “Application”) that have signed up for the Jivatma Seva Pro Service. If you sign up for the Jivatma Seva Pro membership, you are deemed to agree to the following terms and conditions, and any other relevant policies, terms and conditions and notices (collectively referred to as the “Jivatma Seva Pro Terms”) which are currently applicable or will be applicable to your use of the Services, without qualification.

The Jivatma Seva Pro Service is a membership-based program available in select countries which will offer Jivatma Seva Customers that sign up for membership (“Members”) a range of benefits which may include without limitation to free delivery, discounts, reward privileges etc. with those Merchants partnered with Jivatma Seva (“Partnered Merchants”). You understand and accept that the Jivatma Seva Pro Service shall be available on the Jivatma Seva Application (mobile applications) only. Jivatma Seva Pro Service will not be available on any orders made on www.Jivatma Seva .com website.

1. Jivatma Seva PRO MEMBERSHIP

Membership Fee & Renewal

1.1. To become a Member, the Customer shall subscribe to the Jivatma Seva Pro Service and pay the membership fee as shown on the Jivatma Seva Application (the “Membership Fee”). The Membership Fee shall vary from each country.

1.2. The membership for the Jivatma Seva Pro Service will renew automatically every 30 (thirty days) unless cancelled by the Member.

1.3 Jivatma Seva will charge the Membership Fee on the payment method chosen by you at the time of subscription. If the payment is unsuccessful, or the payment method selected originally is declined or inactive, Jivatma Seva reserves the right to obtain payment from another payment method saved to your account on the Platform. You agree and provide full consent that you have the legal authority to use any payment method saved in your account on the Jivatma Seva Platform. Your new membership period will be based on the original renewal date and not the date of the successful charge.

1.4. We reserve the right to accept or refuse membership at our discretion.

1.5. We may send you email and other communications related to Jivatma Seva Pro and your membership (regardless of any settings or preferences related to your account).

Membership Cancellation

1.6. You may cancel your Jivatma Seva Pro membership any time by visiting Your account and adjusting your membership settings. The membership cancellation must be done at least 24 (twenty four) hours prior to the auto-renewal date in order to avoid being charged for the following month.

1.7. After cancellation, the membership will not be renewed but you will still have access to your Benefits until the subscription expiry date of the paid month.

Promotional Trials & Offers

1.8 We may offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through Your Account) choose not to continue to paid membership by cancelling the membership.

Benefits

1.9. As a member of Jivatma Seva Pro, you will be entitled to avail select benefits and privileges as determined by Jivatma Seva and communicated on the Application. The benefits and privileges (collectively referred to as the “Benefits”) available on the Jivatma Seva Application may include:

• Free delivery from Partnered Merchants: “Where members to Jivatma Seva Pro will receive free delivery on all Eligible orders from Partnered restaurants, Free delivery on Jivatma Seva Pro, comprehends subscription based delivery, where the delivery fees will be considered as part of the the Jivatma Seva Pro subscription, based on the order value mentioned below. The minimum order value will be communicated to you when subscribing to Jivatma Seva Pro and when placing an order. Jivatma Seva reserves the right to change Partnered restaurants at any time. Jivatma Seva also reserves the right to change the minimum order value required for the aforementioned Jivatma Seva Pro subscription.

• Rewards privileges: Members will receive extra reward points on their eligible orders. An eligible order is any order placed with a Partnered restaurant and meet the required minimum order value.

• Other benefits associated with Partnered Merchants

• Exclusive discounts

The above list of Benefits is not exhaustive and is determined by Jivatma Seva at any time at its own discretion. Jivatma Seva reserves the right to amend, remove or add to the Benefits at any time, the changes will be communicated and reflected to the Customer on the Jivatma Seva Application. You are advised to check the Benefits being offered by the Partner Restaurant at the time of placing your order.

1.10. The Benefits available under Jivatma Seva Pro Service will be automatically applied at the time of check-out and can be redeemed at the Partnered Merchants only and the list of such Partner Merchants may be updated periodically. The Benefits cannot be exchanged for cash.

1.11. The Benefits can be used in combination with other ongoing promotions or offers, unless specified in the customers FAQs or explicitly not allowed.

1.12. You may not transfer or assign your Jivatma Seva Pro membership or any Benefits, including promotion codes for Jivatma Seva Pro memberships or benefits, except as allowed in these Terms.

1.13. Please note that we offer various membership options in partnership with other companies/banks, each having its own terms and conditions. It is your responsibility to carefully read and understand the specific terms associated with your chosen membership before subscribing. We provide different membership plans, each with differing features, benefits, and pricing. It is advisable to review the terms and conditions of your membership, which can be found at the time of subscription and under the ‘Jivatma Seva pro’ section in your account on our mobile application. Please be aware that cancellation, refund, and renewal policies may vary depending on the type of membership you have.

2. TERMINATION BY US

We may terminate your Jivatma Seva Pro membership at our discretion without notice.

We may terminate your Jivatma Seva Pro immediately without any prior notices, if we determine, in our discretion, that you violate these Terms or any applicable law, involving fraud or misuse of the Jivatma Seva Pro membership, or is harmful to our interests or another user.

3. INDEMNITY AND LIMITATION OF LIABILITY

3.1. You agree to defend, indemnify and hold harmless Jivatma Seva and its affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims, losses, liabilities, expenses, damages and costs (including reasonable legal fees) arising or resulting directly or indirectly from or out of your breach of any of these Terms, or any activity you conduct in connection with the Application. Jivatma Seva reserves the right, but not the obligation, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such instances, you agree to cooperate fully with Jivatma Seva in the defense of such matters.

3.2. Jivatma Seva does not warrant or make any representations regarding the use or the results of the use of the Jivatma Seva Pro Service or in linked sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Jivatma Seva will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special losses, or loss of profits). You release Jivatma Seva from all claims arising from any statement or representation made on the Jivatma Seva Pro Service. Your sole and exclusive remedy for any of the foregoing or any dispute with Jivatma Seva , our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Jivatma Seva Pro Service.

3.3. To the fullest extent permissible pursuant to applicable law, Jivatma Seva excludes all responsibility and liability in relation to the Benefits, and disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Jivatma Seva does not warrant that the functions contained in the Jivatma Seva Pro Service will be uninterrupted or error-free, that defects will be corrected, or that the Jivatma Seva Pro Service or the server that makes it available, are free of viruses or other harmful components.

3.4. To the maximum extent permitted by law, you will indemnify Jivatma Seva , its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against Jivatma Seva arising from a breach by you of any of the Terms. You acknowledge that the limitation/exclusion of liability of Jivatma Seva , and your indemnity to Jivatma Seva , will also apply to all affiliates of Jivatma Seva , including any parent or subsidiary companies.

4. DATA PROTECTION

4.1. Jivatma Seva is committed to upholding the trust given by you to handle your personal data. Jivatma Seva and our affiliates will process your data in accordance with applicable data protection regulations. In order to deliver certain functions as part of the services, we will need to record your name, national ID number and any other details on such ID, date of birth, email address, address, telephone number and details around the payments due by you to us.

4.2. Please see our Privacy Policy for more details.

5. GENERAL TERMS

5.1. These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.

5.2. All intellectual property rights in the contents of the Jivatma Seva Pro Service are owned by Jivatma Seva , its affiliates, or its licensors and are protected by copyright, trademark, and other applicable laws.

5.3. We reserve the right to provide to you, at our sole discretion, with offers and benefits such as discounts, special events, pre-access to products, sales promotions, retailer offers, sampling and giveaways. Any such offers or benefits will be subject to terms and conditions as notified to you.

5.4. You hereby agree to maintain and promptly update all of your identifying information and any other information you provide to Jivatma Seva , to keep such information accurate, current and complete and to promptly notify Jivatma Seva regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Jivatma Seva Pro Services or the terms on which you use the Jivatma Seva Pro Services.

5.5. You hereby agree to maintain the confidentiality and security of your password and agree to accept responsibility for all activities that occur with your permission in relation to your Jivatma Seva account. If your password is lost or stolen, or if you believe there has been unauthorized access to your Jivatma Seva account you are required to notify us immediately and change your Jivatma Seva account password as soon as possible.

5.6. You hereby agree to cooperate with Jivatma Seva to the fullest extent permitted by applicable law, including agreeing to the written answering of any questions or the provision of information to assist Jivatma Seva in conducting any internal investigation or inquiry.

5.7. Jivatma Seva ’s failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of its right to subsequently enforce such provision or any other provisions of the Terms.

5.8. Jivatma Seva reserves the right to change the Terms at any time and without providing you with notice of such changes. You agree that your continued use of the Jivatma Seva Pro Services constitutes your acceptance of the modified Terms, and you agree that all previous versions of the Terms are superseded by the modified version. You should check these Terms each time you use the Jivatma Seva Pro Service to check for updates.

5.9. Headings in these Terms are for convenience only and do not affect the interpretation of these terms and conditions.

5.10. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions.

5.11. Our failure or delay in exercising any of our rights under these Terms does not mean that we are unable to exercise those rights later.

5.12. All notices and other communications under this Agreement shall be in writing through communications to the Jivatma Seva email address shown on the Jivatma Seva Application.

5.13. Your use of the Jivatma Seva Pro Service and these Terms are governed by and construed in accordance with the laws and regulations of Dubai, United Arab Emirates. You agree that the courts of Dubai, United Arab Emirates shall have exclusive jurisdiction over these Terms.

Dine Out Deals

These terms of use (including all other terms, policies, notices, guidelines, and forms referenced herein or otherwise available on the Platform or by hyperlink) (" Terms") govern your use of the Dine Out Solution provided on the Platform by Jivatma Seva .

Please read these Terms carefully. By accessing and using the Dine Out Solution, you agree that you have read, understood and accepted the Terms and consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy (https://www.Jivatma Seva .com/uae/privacy). If you do not agree with the Terms, please do not access or use the Dine Out Solution, or the Services.

The Dine Out Solution may be used by (i) persons that have an account on the Platform and (ii) only on the mobile version of the Platform. You accept and understand that the Dine Out Solution will not be available on any website or the web based Platform. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Dine Out Solution and/or purchase of Goods (as defined below). If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Dine Out Solution immediately.

Jivatma Seva reserves the right to change or modify these Terms (including any additional terms and conditions or policies, which are published on the Platform and incorporated into these Terms) at any time. It is your responsibility to review the Terms regularly and you are strongly recommended to do so. You will be deemed to have agreed to the amended Terms (whether or not reviewed by you) by your continued use of the Dine Out Solution following the date on which the amended Terms are posted.

All photos and images of the Goods shown on the Platform are also for illustrative purposes only and may differ from the actual Goods.

1.Services

Through our Dine Out Solution, Jivatma Seva provides the technology for you to find Merchants ("Merchants" ) and enjoy your prepared meals, catering, beverages, and non-prepared food (hereinafter collectively referred to as ("Goods") at the Merchant's location. Jivatma Seva is in no way responsible nor liable for the Goods served to you.

2.Use of the Dine Out Solution

Jivatma Seva shall not be liable for Goods that encounter issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of your order.

Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please immediately contact the Merchant. Jivatma Seva is not responsible for any issues with your order.

Please refer to Jivatma Seva 's Privacy Policy if you wish to delete your personal data collected by Jivatma Seva , please send us an email requesting the same. We may restrict, suspend or terminate your use of the Dine Out Solution, if we reasonably believe that you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Dine Out Solution.

3.Intellectual Property

All trademarks, logos, images, and service marks, including these Terms as displayed on the Dine Out Solution or in our marketing material, whether registered or unregistered, are the intellectual property of Jivatma Seva and/or third parties who have authorised us with the use (collectively the "Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of the Trademarks on any other website not approved by us is strictly prohibited. Jivatma Seva will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Jivatma Seva neither warrants nor represents that your use of materials displayed on the Dine Out Solution will not infringe rights of third parties not owned by or affiliated with Jivatma Seva . Use of any materials on the Dine Out Solution is at your own risk.

4.Restrictions on Goods

Some of the Goods offered by the Merchant via the Dine Out Solution are subject to restrictions for purchase including but not limited to alcohol, tobacco, shisha, etc. (" Restricted Goods"), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include (without limitation) minimum age requirements for the purchase of Restricted Goods and any other goods that the Merchant reserves the right not to serve or deliver to you based on the relevant statutory requirements of the time being in force.

You agree and accept that no sale of Restricted Goods shall be made using the Dine Out Solution available on the Platform. Jivatma Seva shall in no way be liable for any sale of Restricted Goods by the Merchant or any inaccurate information or representations provided by you.

5.Cancellation

By accepting the Goods provided by the Merchant, you accept and agree that the Merchant's relevant cancellation policy may apply to you. Please check the terms and conditions of a Merchant's service (if any) thoroughly for any such conditions prior to placing an Order.

When you request for a cancellation (Cancellation Request), the approval of the Cancellation Request will be determined by the Merchant in accordance with the Merchant's cancellation and refunds policy.

You acknowledge and agree that we have no control of any Merchant's cancellation and refunds policy and that we will not be responsible for any result or consequence of a request for a cancellation or refund from the Merchant.

Jivatma Seva reserves the right to cancel any Order and/or suspend, deactivate or terminate your use of the Dine Out Solution in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your Order.

6.Menu Prices, Merchant Invoice and Payments to Merchant

Prices and additional charges indicated on the Dine Out Solution are as at the time of each Order and may be subject to change.

A breakdown of the prices and additional charges are displayed before checkout. When you place an Order, you agree to all amounts, additional charges, the final 'Total' amount and the payment terms and conditions which are displayed to you.

It is your responsibility to ensure and collect the invoice from the Merchant that has been issued by them.

Jivatma Seva reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s).

7.Discounts and Promotions

From time to time, the Dine Out Solution may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Dine Out Solution ("Discounts"). These Discounts are subject to validity periods, redemption periods, use restrictions, limits and/or other availability.

You understand and accept that any discounts available on the Dine Out Solution are subject to change at the sole discretion of Jivatma Seva and the Merchant. These discounts cannot be used in combination with any other discount or offer available at the Merchant or for any items that are already discounted (including without limitation to combos, platters etc.) by the Merchant. Additional terms and conditions (including Merchant-specific terms) may apply to the Discounts.

You understand and accept that the Discounts available on the Dine Out Solution cannot be redeemed on public holidays as determined by the local government or on any celebration days including without limitation to Christmas day (25th Dec), New Year’s eve (31st Dec), New Year's day (1st Jan), Valentines Day (14th Feb), UAE National Day (2nd & 3rd Dec), Eid Al Fitr (first and second day of Eid Al Fitr as per lunar calendar), Eid Al Adha (first and second day of Eid Al Adha as per lunar calendar)or during live performances/events organised as per the Merchant’s discretion. It is your responsibility to check with the Merchant to ensure that the discount is available on the day you chose to avail it, Jivatma Seva shall not be held responsible for any losses due to this clause.

Unless otherwise stated, Discounts can only be used on the Dine Out Solution.

Discounts are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash.

Jivatma Seva may withdraw, amend and/or alter any applicable terms and conditions of the Discounts at any time without prior notice. Jivatma Seva and/or the Merchant further reserves the right to void, discontinue or reject the use of any Discounts without prior notice.

Jivatma Seva and/or the Merchant may at its sole and absolute discretion forfeit, exclude, disqualify or refuse you or certain Merchants from the use of Vouchers at any time without prior notice.

8.Representations, Warranties and Limitation of Liabilities

8.1 Representations and Warranties

You acknowledge and agree that the content on the Dine Out Solution is provided on an "as is" and "as available" basis, and that your use of or reliance upon the Dine Out Solution and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion.

All photos and images of the Goods are also for illustrative purposes only and may differ from the actual Goods.

While Jivatma Seva makes reasonable efforts to ensure the provision of the Dine Out Solution we offer, are available at all times, we do not warrant or represent that the Dine Out Solution shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Dine Out Solution due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure .

8.2 Limitation of Liability

To the extent permitted by law, Jivatma Seva (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Dine Out Solution, and any website linked to our Dine Out Solution and any content or material posted on it (if any). Your exclusive remedy with respect to your use of the Dine Out Solution is to discontinue your use of the Dine Out Solution. The Jivatma Seva entities, their affiliates,agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Dine Out Solution or for any other claim related in any way to your use of the Dine Out Solution. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Jivatma Seva entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Jivatma Seva , the Jivatma Seva entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.

8.3 Merchant's representations

Jivatma Seva shall neither be liable for actions or omissions of the Merchant nor of you in regard to provision of the Goods. Jivatma Seva does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Merchants or guarantee the accuracy or completeness of the information (including menu information, photographs and images of the Goods) displayed on the Merchant's listing/offering/menu. Nothing in these Terms shall exclude Merchant's liability for death or personal injury arising from Merchant's gross negligence or willful misconduct.

8.4 Merchant Liability

Merchants are solely responsible for the preparation, condition and quality of Goods sold to you. Jivatma Seva shall not be responsible or liable for any loss, damage, expense, cost or fees arising from your contractual relationship with the Merchant.

9. Personal Data (Personal Information) Protection

You agree and consent to Jivatma Seva and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is incorporated by reference herein and accessible here (https://www.Jivatma Seva .com/uae/privacy) or via the links on our Platform.

10. Indemnity

You agree to indemnify us for all reasonable losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the the Dine-Out Solution, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.

We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

11. Third Party Links and Websites

The Dine Out Solution may contain links to other third party products, websites, services and offers and by clicking on these third party links, you agree to do so at your own risk. These third party links, products, websites and services not owned or controlled by us. We do not control or endorse these third party websites or links and shall not be responsible for the content, functionality, security, services, privacy policies, or other practices of these third party linked pages. We accept no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.

12. Termination

Jivatma Seva has the right to terminate, suspend, take legal action or delete your access to or use of the Dine Out Solution, including any services we provide to you in respect of an Order, for any reason, including, without limitation, if Jivatma Seva or the Merchant in its sole discretion:

considers your use to be unacceptable; suspects or discovers you to have been involved in any activity or conduct that is in breach of any of the Terms.

Jivatma Seva or the Merchant may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Dine Out Solution.

Jivatma Seva Rewards Program

Terms & Conditions

Delivery Hero Jivatma Seva D.B W.L.L (referred to hereinafter as the 'Company')may or may not consider launching a Jivatma Seva Loyalty Reward Program (referred to hereinafter as the 'Program') operating under the terms and conditions as set out below.

1. Eligibility

Only members and users of Jivatma Seva within U.A.E, and those who are selected and invited by the Company shall be eligible to join the Program. Such eligibility criteria may be subject to change at any time.

2. Acceptance and Disclosure

The terms and conditions set out herein, together with the Company's Privacy Policy available on its website shall govern the Company's relationship with members of the Program including but not limited to the membership, expiration, redeeming and earning Program points.

By using your Membership Account that you were invited to receive and redeem points of the Program, you agree that;

  • You have read and accept these terms and conditions set out herein,
  • You consent to the collection, use, and disclosure of your personal data by the Company, the Program, and the Company's affiliates to any third party for any purpose related to the Program or the company's business.

-You accept and acknowledge the Privacy Policy of the Company available on the Company's website remain in effect.

3. Termination or Modification

The Company reserves the right to modify at any time without notice its Program including but not limited to the Program benefits, awards, The program's Earning and Redemption Points as set in provision no. 4(referred to hereinafter as 'Provision No. 4' ), and some or all of these terms and conditions set out herein in the program pages. Loyalty Members are responsible for remaining knowledgeable of the Program terms and conditions and any modifications that may occur to them. The Program Account member's continued participation in the Program will constitute the acceptance of any such modifications.

The Company may terminate the Program, in whole or in part, with one-week prior notice to all active Program Members, and all unredeemed Points will be lost after the conclusion of the notice period without any obligation or liability.

The Company can immediately terminate the Program Membership Account of an Account member, if in its reasonable opinion the account member has breached these terms and conditions, or behaved fraudulently, or has provided the company with false or misleading information. In the mentioned events the account member case will lose all the acquired benefits and any right of use.

4. Earning and Redemption

The Company's Program membership allows its account members to earn and redeem points when making purchase orders through the Company's application and only within the U.A.E territory, and in accordance with the rules, requirements and specifications set out below:

Users will benefit from a minimum of three (3) points for every AED 1 spent and the opportunity to earn additional points from time to time as communicated by the Program.

Provided that the Jivatma Seva Rewards Relationship is active and in good standing, as determined by Jivatma Seva , Jivatma Seva Rewards Points may be redeemed (i) in exchange for Jivatma Seva Credit, Restaurant offers or other specific deals, as may be published from time to time on the Jivatma Seva Rewards Section of the app.

Details of the Jivatma Seva Rewards are set out on the Jivatma Seva Rewards App Section. Reasonable efforts have been made to ensure that the information contained in the Jivatma Seva Rewards Catalogue is accurate. Jivatma Seva is not responsible, and shall not be held responsible, for any errors, inaccuracies or omissions appearing therein.

Users can exchange points for via the app for any of the items mentioned in the rewards section of the app, to offset any specified fees and/or charges normally applicable to the Jivatma Seva Rewards user as determined by Jivatma Seva . Redemption of rewards from Jivatma Seva authorized merchants are subject to the terms and conditions as may be prescribed by the issuer or supplier thereof from time to time.

Once issued, the redemption of credit and other vouchers are not exchangeable, returnable, refundable, or redeemable for cash or credit, nor will they be replaced in the event of loss, damage or destruction. Once submitted, an order for redemption cannot be canceled, revoked, transferred or changed by the Jivatma Seva Rewards Accountholder in any manner.

5. Expiration of points:

The Program points earned from making a qualifying purchase as per the Loyalty Program Earning and Redemption Points Catalogue, are only valid for a period of 60 (60) days from the date of crediting the points to the member's account.

6. Membership

The Company's Program membership cannot be duplicated, shared, gifted and/or used for any purposes other than those provided in Provision No. 4, and the terms and conditions set out herein . The Program membership or points may not be transferred or used, for any reason, by anyone other than the account member.

7. Claims; Cancelled, Modified, Delayed Orders

In case of an order being cancelled or modified by the account member, the points earned from this order will be deducted from the member's loyalty account. In case of an order being delivered to the member after the estimated delivery time, for any reason, no additional points will be earned as result of this delay. Redemption award claims shall not be accepted for any backdated access and purchases made by the account member as a Guest.

8. Responsibility

The Company shall not be held responsible for any direct or indirect consequences associated with any force majeure events or malfunction beyond its control, and/or any direct or indirect consequences associated to the member's non-accordance use or fraudulent use with these terms and conditions.

9. Governing Law

These terms and conditions and any disputes or claims arising out of, or in connection with, shall be governed by and construed in accordance with the law of the United Arab Emirates.

Limitation of Liability

To the extent permitted by law, Jivatma Seva provides this Platform and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Platform, or that it will be timely or error-free, that defects will be corrected, or that the Platform or server that makes it available are free of viruses or other harmful components. Subject to the previous paragraph, neither Jivatma Seva nor its directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Platform. Nothing in these terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.

Merchants are solely responsible for the preparation, condition and quality of goods sold to you. In cases of Merchant Delivery, Merchants are responsible for delivery of the goods and/or Orders. Jivatma Seva shall not be responsible or liable for any loss, damage, expense, cost or fees arising from your contractual relationship with the Merchant.

Indemnity

You agree to indemnify and hold Jivatma Seva , its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the Platform, with your submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Platform, your violation of these Terms, and any other acts or omissions relating to the Platform.

Amendments

Jivatma Seva may amend these Terms at any time in its sole discretion, and the amended Terms shall be effective immediately upon posting, subject to applicable laws. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform and/or any of its services immediately.

Disclaimer

The information, content, products, services, and materials available through the application (whether provided by Jivatma Seva , you, other users or other affiliates/third parties), including without limitation, goods and services orders, submissions, text, photos, graphics, audio files, video, and links, are provided "as is" and "as available" without warranties of any kind, either express or implied. To the maximum extent permitted by law, Jivatma Seva disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.

Prevailing Language

These terms shall be available in both English and Arabic. In case of any discrepancies between the two versions, the English version shall prevail.

Contact Us

For customer support, you may reach out to us via the Help Center available on the Platform.

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