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.elwahadelivery-com.preview-domain.com and you agree to be bound by them
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. Elwaha delivery 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.
Services provided
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
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”). Interactive options allow Users to build and submit orders at the click of a button. When you place an order from a Merchant, elwaha delivery 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.
Elwaha delivery 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 elwaha delivery 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.
Creating an account
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. Elwaha delivery is not liable for any problems, which may arise from the use of password. Elwaha delivery informs the user about the promotions, which take place in the user’s area and from which the user may benefit, by emails. Elwaha delivery may share your username 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.
Delivery
You understand that the available goods offered by elwaha delivery may vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the Merchants 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
Elwaha delivery 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, elwaha delivery reserves the right to cancel the Order without refund or remedy to you.
Refund Policy
Elwaha delivery takes user satisfaction very seriously. In the case of problems with your goods and services order, please contact elwaha delivery through our live chat and we will assist you. In appropriate cases, if you have already been billed by elwaha delivery on behalf of the Merchant, elwaha delivery will issue full or partial refunds. In the following cases: if you did not receive your order or did not receive your order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will take into account relevant factors including the details of the order and do our best to ensure your satisfaction. You will receive your refund as elwaha delivery credit on your elwaha delivery account unless you request a refund to the original source of payment.
Termination of Agreement
Elwaha delivery 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 elwaha delivery, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of these Terms. Where appropriate, elwaha delivery will give you the opportunity to state your position, before any termination, suspension or deletion of your account.