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.
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.
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:
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.
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.
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:
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 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.
During the use of the services of the Platform, the User accepts and undertakes:
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.
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:
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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
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.
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.
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.
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:
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.
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.
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;
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.
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.
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.
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.
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.
These terms shall be available in both English and Arabic. In case of any discrepancies between the two versions, the English version shall prevail.
For customer support, you may reach out to us via the Help Center available on the Platform.
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