Terms & Conditions
User Terms
These terms of use ("Terms of Use") mandate the
terms on which users ("You" or "Your" or
"Yourself" or "Users") interested in browsing or availing eORDER
Services (defined below), and accessing the platform www.e-order.ae and the
mobile application owned and operated by EORDER FZ-LLC ("eORDER")
collectively referred to as, the "Platform" connects with the
merchants registered on the Platform ("Tied-up Merchants"), and with
delivery partners ("Delivery Partners") to avail the eORDER Services.
Please read the Terms of Use carefully before using the
Platform or registering on the Platform or accessing any material or
information through the Platform. By clicking on the "I Accept"
button, You accept this Terms of Use and agree to be legally bound by the same.
Use of and access to the Platform is offered to You upon the
condition of acceptance of all the terms, conditions and notices contained in
this Terms of Use and Privacy Policy, along with any amendments made by eORDER
at its sole discretion and posted on the Platform from time to time.
For the purposes of these Terms of Use, the term 'eORDER' or
'Us' or 'We' refers to EORDER FZ-LLC. The term 'You' refers to the user or
visitor of the Website and/or App. When You use our services, You will be
subject to the terms, guidelines and policies applicable to such service and as
set forth in these Terms of Use. As long as you comply with these Terms of Use,
We grant You a personal, non-exclusive, non-transferable, limited privilege to
enter and use our Platforms and services.
GENERAL TERMS
1. Registration:
a. You shall be permitted to access the Platform, avail the eORDER
Services and connect with Merchants and Delivery Partners on the Platform only
upon creating an Account (as defined below) and obtaining a registration on the
Platform. Your ability to continue using the Platform, eORDER Services is
subject to Your continued registration on the Platform. You will be required to
enter Your personal information including your name, contact details, valid
phone number while registering on the Platform.
b. As a part of the registration, You may be required to
undertake a verification process to verify Your personal information and
setting up the Account.
eORDER shall have the right to display the information,
feedback, ratings, reviews etc. provided by You on the Platform. You agree and
accept that as on the date of Your registration on the Platform, the
information provided by You is complete, accurate and up-to-date. In the event
of any change to such information, You shall be required to promptly inform eORDER
of the same, in writing, at least 1 (one) week prior to the date on which such
change shall take effect. You acknowledge and accept that eORDER has not
independently verified the information provided by You. eORDER shall in no way
be responsible or liable for the accuracy or completeness of any information
provided by You. If You provide any information that is untrue, inaccurate, not
current or incomplete, or eORDER has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, eORDER reserves
the right to suspend or terminate Your Account (defined below) and refuse any
and all current or future use of the Platform (or any portion thereof) at any
time.
2. eORDER Services:
a. The Platform provides You with the following services
("eORDER Services"):
i. It allows You to connect with
Merchants and Delivery Partners.
ii. It allows You to view the
items/services ("Items") listed on the Platform by the Tied Up
Merchants.
iii. It allows You to purchase
Item(s) from the Tied-Up Merchants listed on the Platform and allows You to get
the Items delivered to You through Delivery Partners;
iv. It allows You to give ratings,
write comments and reviews about Delivery Partners and Merchants;
v. It facilitates improvement in the
quality of the services provided by eORDER on the Platform based on User
ratings, reviews and feedbacks provided on the Platform.
b. eORDER may, at its absolute sole discretion, add, modify,
upgrade, extend, withdraw or obsolete any of the eORDER Services listed above
from time to time. eORDER does not provide any guarantee to You that the eORDER
Services will be made available to You at all times.
c. You hereby agree and acknowledge that eORDER is only a
facilitator between You, the Merchants and Delivery Partners (as the case
maybe) and eORDER only provides You with access to the Platform to connect with
Merchants and Delivery Partners for You to initiate transactions on the
Platform. You hereby agree and acknowledge that eORDER will not be a party to
any of the transactions that are initiated by You through the Platform and eORDER
shall not be liable in any manner or incur any liability with respect to the
services performed by the Merchants or the Delivery Partners, as the case may
be. Further, You hereby agree and acknowledge that eORDER shall not be liable
for the conduct, acts and omissions of the Merchants (including their employees
and consultants) and Delivery Partners in the course of providing their
services to You, or for any loss or damage to the Item or otherwise caused to
You as a consequence of or in relation to the services being provided to You by
the Merchants or the Delivery Partner, as the case may be.
d. You shall be eligible to avail the eORDER Services as per
applicable laws. If You are purchasing any medicinal product, using the
Platform, for which You are required to have a valid prescription from a
medical practitioner, You shall, ensure that physician, as far as possible,
prescribe drugs with generic names and he / she shall ensure that there is a
clear prescription and will upload the same on the Platform, while initiating a
transaction with respect to the same on the Platform. Failure to do the same,
shall result in cancellation of the transaction. Only upon verification of the
medical prescription, will You be able to avail the eORDER Services for
purchasing the required medicines.
e. You shall not initiate any transaction for any Item on the
Platform which is illegal, immoral, unethical, unlawful, unsafe, contains
harmful substance and is in violation of this Terms of Use and applicable laws.
You specifically agree that You shall not initiate any transaction on the
Platform for the purchase or delivery of any alcoholic beverages, narcotic drug
or psychotropic substance, etc. Further, You hereby acknowledge and agree that eORDER
shall not be liable for any indirect, direct damage or loss, cost, expense
incurred by You in relation to the transactions initiated by You on the
Platform.
f. eORDER does not check or verify the packages that are
being picked up and dropped off on behalf of You or the Items that are being
delivered to You by the Delivery Partner, and therefore eORDER shall have no
liability with respect to the same. However, if it comes to the knowledge of eORDER
that You have packaged any illegal or dangerous substance using the Platform to
deliver any illegal or dangerous substance, eORDER shall have the right to
report You to the government authorities and take other appropriate legal
actions against You.
g. You hereby acknowledge that eORDER shall not be liable for
any damages of any kind arising from Your use of the eORDER Services,
including, but not limited to direct, indirect, incidental, punitive, and
consequential damages.
h. eORDER shall be entitled at any time without giving any
reason terminate Your request for any eORDER Service.
i. You hereby agree that eORDER shall not be liable for any
conduct or misbehavior or actions of Delivery Partner with respect to any
transactions initiated on the Platform. Further, You agree that eORDER has no
control over the Items provided to You by the Merchants and therefore, eORDER
shall not incur any liability with respect to such Items. However, keeping in
mind the interests of the Users, We have informed our Merchants to ensure that
Items are packaged properly to avoid any form of spillage or damage to the Item
or any issues related to packaging
j. You hereby agree that scheduling and rescheduling a
transaction on the Platform depends upon the availability of Delivery Partners
around Your area at the time of such scheduling and re-scheduling a
transaction. Should You choose to reschedule a transaction on the Platform at a
later point of time, You shall cancel the current transaction on the Platform
(if initiated) and initiate a new transaction on the Platform, as per Your
convenient time.
k. If a transaction initiated by You on the Platform cannot be
completed, eORDER shall notify You on the Platform.
l. You agree to provide as much information as possible on
the Platform with respect to the Items/services You wish to purchase/avail,
using the Platform.
m. eORDER shall use Your location-based information that is
captured by eORDER through global positioning system when You are using Your
mobile device to request a eORDER Service on its web & mobile app. Such
location-based information shall be used by eORDER only to facilitate and
improve the eORDER Services being offered to You.
n. We can’t fulfil any tasks which are immoral or unlawful in
nature. eORDER reserves the right to refuse to perform any tasks on the grounds
of such tasks being immoral/unethical/unlawful/banned either by eORDER’s
internal policies or as per the independent discretion of eORDER. eORDER may
also refuse to perform any task on the grounds that such task is prohibited
under any contract to which we are party.
o. You understand and acknowledge that eORDER by itself does
not sell or provide any such Items. eORDER is not responsible for the quality,
merchantability or fitness of such Items. Accordingly, in the event of any
grievances arising from the transaction initiated by You on the Platform
pertaining to purchase or sale of any product from any Merchant, You may
contact eORDER support for routing your grievances to the Merchant through the
Platform.
p. You hereby acknowledge that if You have any complaint with
respect to the eORDER Services, You will first inform eORDER in writing within
24 (twenty four) hours of using such eORDER Services.
3. User Information
a. You are solely responsible for and in control of the
information You provide to us. Compilation of User Accounts and User Account
bearing contact number and e-mail addresses are owned by eORDER. Further, You
understand and agree that certain information will be case sensitive and must
be handled with a prudent care.
b. In the case where the Platform is unable to establish
unique identity of the User against a valid mobile number or e-mail address,
the Account shall be indefinitely suspended. eORDER reserves the full
discretion to suspend a User's Account in the above event and does not have the
liability to share any Account information whatsoever.
4. Payment Terms
a. Delivery Services: While availing Delivery Service,
You shall pay the purchase price of the Item through the Platform.
b. Service Fees: With respect to Delivery Services,
You will be charged a separate service fees ("Service Fees"). The
Service Fees shall be paid prior to availing any of the eORDER Services.
c. You agree that eORDER may use certain third-party vendors
and service providers, including payment gateways, to process the payments made
by You on the Platform.
5. Rating
a. You agree that: (i) after completion of a transaction on
the Platform, the Platform will prompt the User with an option to provide a
rating and comments about the Delivery Partner (with respect to the services
performed by the Delivery Partner) and Merchants (with respect to the Items
sold/provided by them); and (ii) the Delivery Partner and the Tied-Up Merchants
may also be prompted to rate You on the Platform. Based upon such Delivery
Partner and Merchant ratings, Your rating score on the Platform will be
determined and displayed.
b. eORDER and its affiliates reserve the right to use, share
and display such ratings and comments in any manner in connection with the
business of eORDER and its affiliates without attribution to or approval of
Users and You hereby consent to the same. eORDER and its affiliates reserve the
right to edit or remove comments in the event that such comments include
obscenities or other objectionable content, include an individual’s name or
other personal information, or violate any privacy laws, other applicable laws
or eORDER’s or its affiliates’ content policies.
c. Location: You acknowledge and agree that Your geo-location
information is required for You to avail the eORDER Services and initiate
transactions on the Platform. You acknowledge and hereby consent to the
monitoring and tracking of Your geo-location information. In addition, eORDER
may share Your geo-location information with Delivery Partners and Merchants
(as the case maybe).
SPECIFIC TERMS FOR eORDER SERVICES
6. Cancellation and Refund
a. eORDER shall confirm and initiate the execution of the
transaction initiated by You upon receiving confirmation from You for the same.
If You wish to cancel a transaction on the Platform, You shall select the
cancel option on the Platform. It is to be noted that You may have to pay a
cancellation fee for transactions initiated on the Platform for which work has
already been commenced by the Delivery Partner or the Merchant, as the case may
be. With respect to work commenced by Merchants the cancellation fee will be
charged to You which will be in accordance with the cancellation and refund
policies of such Merchants.
b. eORDER may cancel the transaction initiated by You on the
Platform, if:
·
The
designated address to avail the eORDER Services provided by You is outside the
service zone of eORDER.
·
Failure
to get your response via phone or any other communication channel at the time
of confirmation of the order booking.
·
The
transaction involves supply/delivery/purchase of any material good that is
illegal, offensive or violative of the Terms of Use.
·
[If
the transaction involves the purchase of medicines for which a medical
prescription prescribed by a medical practitioner is required and for which You
have not provided such medical prescription or provided an invalid medical
prescription.]
·
Information,
instructions and authorizations provided by You is not complete or sufficient
to execute the transaction initiated by You on the Platform.
·
If
in case of tied-up Merchants, the Tied-Up Merchant outlet is closed.
·
If
a Delivery Partner is not available to perform the services, as may be
requested.
·
If
any Item for which You have initiated the transaction is not in stock with the
Merchant.
·
If
the transaction cannot be completed for reasons not in control of eORDER.
c. You shall only be able to claim refunds for transactions
initiated by You only if You have already pre-paid the fees with respect to
such transaction. Subject to relevant Merchant’s refund policy and in
accordance therein, You shall be eligible to get the refund in the following
circumstances:
Your package has been tampered or damaged at the time of
delivery, as determined by eORDER basis the parameters established by eORDER in
its sole discretion.
If the wrong Item has been delivered to You, which does not
match with the Item for which You had initiated a transaction on the Platform.
eORDER has cancelled the order because of any reason
mentioned under Para 6 (b) above.
All decisions with respect to refunds will be at the sole
discretion of eORDER and in accordance with eORDER’s internal refund policy
(Refund Metrix) and the same shall be final and binding. All refunds initiated
by eORDER shall be refunded to the financial source account from which, You
have initiated the transaction on the Platform.
GENERAL TERMS OF USE
7. Eligibility to Use
a. The eORDER Services are not available to minors i.e.
persons under the age of 18 (eighteen) years or to any Users suspended or
removed by eORDER from accessing the Platform for any reason whatsoever. You
represent that You are of legal age to form a binding contract and are not a
person barred from receiving using or availing eORDER Services under the
applicable laws.
b. eORDER reserves the right to refuse access to the
Platform, at any time to new Users or to terminate or suspend access granted to
existing Users at any time without according any reasons for doing so.
c. You shall not have more than 1 (one) active Account (as
defined below) on the Platform. Additionally, You are prohibited from selling,
trading, or otherwise transferring Your Account to another party or
impersonating any other person for the purposing of creating an account with
the Platform.
8. User Account, Password, and Security
a. In order to use the Platform and avail the eORDER
Services, You will have to register on the Platform and create an account with
a unique user identity and password ("Account"). If You are using the
Platform on a compatible mobile or tablet, You will have to install the
application and then proceed with registration.
b. You will be responsible for maintaining the
confidentiality of the Account information and are fully responsible for all
activities that occur under Your Account. You agree to (i) immediately notify eORDER
of any unauthorized use of Your Account information or any other breach of
security, and (ii) [ensure that You exit from Your Account at the end of each
session.] eORDER cannot and will not be liable for any loss or damage arising
from Your failure to comply with this provision. You may be held liable for
losses incurred by eORDER or any other User of or visitor to the Platform due
to authorized or unauthorized use of Your Account as a result of Your failure
in keeping Your Account information secure and confidential. Use of another
User’s Account information for using the Platform is expressly prohibited.
9. Intellectual Property Rights
a. The Platform and process, and their selection and
arrangement, including but not limited to, all text, videos, graphics, user
interfaces, visual interfaces, sounds and music (if any), artwork, algorithm
and computer code (and any combination thereof), except any third party
software available on the Platform, is owned by eORDER ("EORDER FZ-LLC")
and the design, structure, selection, co-ordination, expression, look and feel
and arrangement of such eORDER Property is protected by copyright, patent and
trademark laws, and various other intellectual property rights. You are not
permitted to use eORDER Property without the prior written consent of eORDER.
b. The trademarks, logos and service marks displayed on the
Platform ("Marks") are the property of eORDER, except any trademark,
logos and service marks of third parties available on the Platform. You are not
permitted to use the Marks without the prior consent of eORDER or such third
party as may be applicable.
10. Disclaimer of Warranties & Liabilities
You expressly understand and agree that, to the maximum
extent permitted by applicable law:
a. The Platform and eORDER Property, eORDER Services are
provided by eORDER on an "as is" basis without warranty of any kind,
express, implied, statutory or otherwise, including the implied warranties of
title, non-infringement, merchantability or fitness for a particular purpose.
Without limiting the foregoing, eORDER makes no warranty that (i) the Platform,
eORDER Services will meet Your requirements or Your use of the Platform will be
uninterrupted, timely, secure or error-free; (ii) the quality of the Platform
will meet Your expectations; or (iii) any errors or defects in the Platform
will be corrected. No advice or information, whether oral or written, obtained
by You from eORDER shall create any warranty not expressly stated in the Terms
of Use.
b. eORDER will have no liability related to any User content
arising under intellectual property rights, libel, privacy, publicity,
obscenity or other laws. eORDER also disclaims all liability with respect to
the misuse, loss, modification or unavailability of any User content.
c. eORDER will not be liable for any loss that You may incur
as a consequence of unauthorized use of Your Account or Account information in
connection with the Platform either with or without Your knowledge.
d. eORDER shall not be responsible for the delay or inability
to use the Platform, eORDER Services or related functionalities, the provision
of or failure to provide functionalities, or for any information, software,
functionalities and related graphics obtained through the Platform, or otherwise
arising out of the use of the Platform, whether based on contract, tort,
negligence, strict liability or otherwise. Further, eORDER shall not be held
responsible for non-availability of the Platform during periodic maintenance
operations or any unplanned suspension of access to the Platform that may occur
due to technical reasons or for any reason beyond eORDER 's control. You
understand and agree that any material or data downloaded or otherwise obtained
through the Platform is done entirely at Your own discretion and risk, and that
You will be solely responsible for any damage to Your computer systems or loss
of data that results from the download of such material or data.
11. Indemnification and Limitation of Liability
a. You agree to indemnify, defend and hold harmless eORDER
and its affiliates including but not limited to its officers, directors,
consultants, agents and employees ("Indemnitees") from and against
any and all losses, liabilities, claims, damages, demands, costs and expenses
(including legal fees and disbursements in connection therewith and interest
chargeable thereon) asserted against or incurred by the Indemnitees that arise
out of, result from, or may be payable by virtue of, any breach or
non-performance of any obligation, covenant, representation or warranty by You
pursuant to these Terms of Use. Further, You agree to hold the Indemnitees
harmless against any claims made by any third party due to, or arising out of,
or in connection with, Your use of the Platform, eORDER Services, any
misrepresentation with respect to the data or information provided by You in
relation to the Account, Your violation of the Terms of Use, or Your violation
of any rights of another, including any intellectual property rights.
b. In no event shall the Indemnitees, be liable to You or any
third party for any special, incidental, indirect, consequential or punitive
damages whatsoever, arising out of or in connection with Your use of or access
to the Platform or eORDER Property on the Platform.
c. You indemnification obligation under the Terms of Use will
survive the termination of Your Account or use of the Platform or eORDER
Services.
d. Subject to applicable laws, in no event will eORDER or its
employees aggregate liability, arising from or related to the eORDER Services
or the use of the Platform shall not exceed AED 100 for any and all causes of
actions brought by You or on behalf of You.
e. The Platform and the eORDER Services are only available to
Users located in United Arab Emirates. Users shall not access or use the
Platform from any other jurisdiction except for United Arab Emirates. If a User
access or uses the Platform from any other jurisdiction except for United Arab
Emirates, the User shall be liable to comply with all applicable laws and eORDER
shall not be liable for the same, whatsoever.
12. Violation of the Terms of Use
You agree that any violation by You of these Terms of Use
will constitute an unlawful and unfair business practice, and will cause
irreparable harm to the Company/Client, as the case may be, for which monetary
damages would be inadequate, and You consent to the Company/Client obtaining
any injunctive or equitable relief that they deem necessary or appropriate in
such circumstances. These remedies are in addition to any other remedies that
the Company/Client may have at law or in equity. If Company/Client takes any
legal action against You as a result of Your violation of these Terms of Use,
they will be entitled to recover from You, and You agree to pay, all reasonable
attorneys’ fees and costs of such action, in addition to any other relief that
may be granted.
13. Additional Terms
a. We may also require You to follow additional rules,
guidelines or other conditions in order to participate in certain promotions or
activities available through the Platform. These additional terms shall form a
part of this Terms of Use, and You agree to comply with them when You
participate in those promotions, or otherwise engage in activities governed by
such additional terms.
14. Link to Third Parties
a. The Platform may contain links to other sites owned by
third parties (i.e. advertisers, affiliate partners, strategic partners, or
others). eORDER shall not be responsible for examining or evaluating such third
party websites, and eORDER does not warrant the products or offerings of, any
of these businesses or individuals, or the accuracy of the content of such
third party websites. eORDER does not assume any responsibility or liability
for the actions, product, and content of any such third party websites. Before
You use/access any such third-party websites, You should review the applicable
terms of use and policies for such third party websites. If You decide to
access any such linked third party website, You do so at Your own risk.
15. Term and Termination
a. The Terms of Use will continue to apply until terminated
by either You or eORDER as set forth below. If You object to the Terms of Use
or are dissatisfied with the Platform, eORDER Services, Your only recourse is
to (i) close Your Account on the Platform by writing to Us at cs@eORDER.ae;
and/or (ii) stop accessing the Platform. eORDER will make Your account dormant
upon receipt of request in writing.
eORDER may, in its sole discretion, bar your use of the eORDER
Services at any time, for any or no reason. Even after your account with eORDER
is disabled, dormant or made inactive, the terms agreed by You at the time of
registration will remain in effect. This termination shall be effective only
once You have cleared all Your dues that You are liable to pay as per the
provisions of this Terms of Use.
b. The Company may delist You or block Your future access to
the Platform or suspend or terminate Your Account if it believes, in its sole
and absolute discretion that You have infringed, breached, violated, abused, or
unethically manipulated or exploited any term of these Terms of Use or anyway
otherwise acted unethically.
c. Notwithstanding anything in this clause, these Terms of
Use will survive indefinitely unless and until eORDER chooses to terminate
them.
d. You hereby agree and acknowledge, upon termination, eORDER
shall have the right to retain all information pertaining to the transactions
initiated by You on the Platform.
16. Governing Law
This Terms of Use shall be governed by and constructed in
accordance with the laws of United Arab Emirates without reference to conflict
of laws principles and disputes arising in relation hereto shall be subject to
the exclusive jurisdiction of courts, tribunals, fora, applicable authorities
at Ras Al Khaimah.
17. Communications
You hereby expressly agree to receive communications by way
of Push Notification SMSs and/or e-mails and/or WhatsApp from eORDER, or other
third parties. You can unsubscribe/ opt-out from receiving communications
through SMS, WhatsApp and email anytime by contacting us for the same. However,
You may still receive communications from our end with respect to Your use of
the eORDER Service.
18. General
a. Amendments: eORDER reserves the unconditional right to
modify or amend this Terms of Use without any requirement to notify You of the
same. You can determine when this Terms of Use was last modified by referring
to the "Last Updated" legend above. It shall be Your responsibility
to check this Terms of Use periodically for changes. Your acceptance of the
amended Terms of Use shall signify Your consent to such changes and agreement
to be legally bound by the same.
b. Notice: All notices from eORDER will be served by email to
Your registered email address or by general notification on the Platform.
1. As a registered User, You understand that eORDER is merely
a technology intermediary communicating a promotion on behalf of the Merchant
and is not in any manner liable for the content hosted or otherwise the Offer
extended through the eORDER App.
2. You acknowledge that the product is offered for sale or
otherwise offered without any consideration, as the case maybe, by the Merchant
and not eORDER.
3. You agree that any product/item procured/purchased by you
from the Merchant shall be for your personal consumption.
4. All commercial/contractual terms are offered by and agreed
to between User and Merchant(s) alone. The commercial/contractual terms include
without limitation price, shipping costs, payment methods, payment terms, date,
period and mode of delivery, warranties related to products and services and
after sales services related to products and services. eORDER does not have any
control or does not determine or advise or in any way involve itself in the
offering or acceptance of such commercial/contractual terms between the Buyers
and Sellers.
5. eORDER does not make any representation or Warranty as to
specifics (such as quality, value, saleability, etc.) of the products or
services proposed to be sold or offered to be sold or purchased on the eORDER
App. eORDER shall not be liable in case the product sold by the Merchant is
unfit for use or faulty or rendered unfit during carriage of the same from the
point of pick-up to the drop-off point.
6. eORDER does not make any representation or warranty as to
the item-specifics (such as legal title, creditworthiness, identity, etc) of
any of its Users. You are advised to independently verify the bona fides of any
particular Merchant that You choose to deal with on the eORDER App and use Your
best judgment in that behalf.
7. eORDER does not implicitly or explicitly support or
endorse the sale or purchase of any products or services on the eORDER App. eORDER
accepts no liability for any errors or omissions, whether on behalf of itself
or third parties.
8. Consistent with eORDER’s Privacy Policy, eORDER may share
your information with third parties to manage, expedite and improve the eORDER
App services provided to you or otherwise to carry out specific service
requests, including any other reason(s) as covered under the Privacy Policy
acknowledged by you.
9. eORDER is not responsible for any non-performance or
breach of any contract entered into between Users and Merchants. eORDER shall
not and is not required to mediate or resolve any dispute or disagreement
between Users and Merchants.
10. At no time shall eORDER hold any right, title or interest
over the products nor shall eORDER have any obligations or liabilities in
respect of such contract.
11. eORDER is not responsible for unsatisfactory or delayed
performance of services or damages or delays as a result of products which are
out of stock, unavailable or back ordered.
12. You shall independently agree upon the manner and terms
and conditions of delivery, payment, insurance etc. with the Merchant that you
transact with.
Cancellations
As a general rule you shall not be entitled to cancel your
order once you have received confirmation of the same. If you cancel your order
after it has been confirmed, eORDER shall have the right to charge you 100% order
value as cancellation fees.
“The Website Policies and Terms & Conditions
may be changed or updated occasionally to meet the requirements and standards.
Therefore the Customers’ are encouraged to frequently visit these sections in
order to be updated about the changes on the website. Modifications will be
effective on the day they are posted”.
Copyright © All rights reserved.
Raffles by eORDER: User Agreement
Last updated on 02 Jan 2024
This User Agreement for our Services (as defined below) is
divided into multiple sections. Please read this Agreement carefully before
accepting.
The 'eORDER App' and website www.e-order.ae is operated by
EORDER FZ-LLC ("eORDER App"), owned by AR International Holding
FZ-LLC registered in RAKEZ, Ras Al Khaimah, UAE (together referred to as
("eORDER", "we", "us", "our"). You agree
to review this User Agreement in its entirety, where the terms of this User
Agreement may be applicable to your use of eORDER App.
You, the user ("user", "you",
"your") agree and understand that by clicking and accepting this User
Agreement, you confirm to have read, understood, and acknowledged to be bound
by our terms to access and use our eORDER websites, eORDER App (together the
"Platform").
This User Agreement and Privacy Policy (together the
"Terms") set out the basis upon which you can access and use the
Platform. The Terms apply regardless of how you access the Platform and
regardless of the technologies or devices by which the Platform is made
available to you. Other terms and conditions may be applicable to certain
specific products, services, offers or raffle draws ("Services") made
available on our Platform, either directly or through third-party sites.
Nothing in these Terms affects your statutory rights as a
consumer under applicable laws.
1.
eORDER APP
The following
provisions apply with respect to your use of any version of the eORDER App.
·
By creating an account on the Platform, you have
access to the eORDER App where you may purchase goods and Services.
· In order to enter a Draw on the Platform, you will need to purchase a product available on the eORDER App. Once you have purchased a product, you will receive a Ticket to enter a Draw. Depending on the outcome of the Draw, you may win Prizes. Please refer to the Draw Terms in this User Agreement for further details of how our Draws work.
2.
PRIVACY POLICY
· The personal information you provide in the course of using the Platform will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into and form part of the Terms.
3.
ELIGIBILITY FOR MEMBERSHIP
·
It is imperative for eORDER to ensure that users
of the eORDER App are able to enter into legally binding contracts and that
minors do not purchase, use, or have access to unsuitable content. Membership
and/or use of the Platform is not available to persons under the age of 21
years old or the legal age applicable in your jurisdiction to enter into a
contract, if different. By using the Platform, you represent and warrant that
you are of the correct legal age to enter into this User Agreement in the
jurisdiction you are in, and that all information you submit is accurate and
truthful when registering any information with the Platform or providing any
information to us.
·
The Platform is not available to users whose
membership has been refused, limited, suspended or withdrawn by eORDER.
· No user may register on the Platform as a member more than once.
4.
REGISTRATION AND MEMBERSHIP OBLIGATIONS
·
In order to access the Services and utilise the
Platform, you will be required to create an account and register information
with us in order to create a membership ("Membership"). You agree that
any information provided to us will be complete and accurate, that you will not
register under the name of, nor attempt to enter the Membership under the name
of, another person, and that you will not adopt a username that we in our sole
discretion, deem offensive. We reserve the right to refuse a Membership, or
limit, suspend or withdraw access to the Platform to any person at any time and
for any reason.
·
You are responsible for promptly updating
details of your Membership such that the details are at all times considered
true, accurate, current, and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete or if eORDER suspects in our sole
discretion that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with this User Agreement, we have the right to
suspend indefinitely, limit or withdraw your Membership and/or your access to
the Platform.
·
When registering your account on the Platform in
order to create your Membership, you will be required to provide certain
information and register a username and password for use of the Platform. To
keep your Platform account secure you have to protect your account through
reasonable means, and you are responsible at all times for maintaining the
confidentiality of, and restricting access to and use of, your Platform account
and password.
·
You agree to accept responsibility for all
activities that occur under your Platform account. If someone other than you
uses the Platform with your login information you will be held accountable for
all actions taken in your name.
·
You may not, at any point in time, use any other
person's Membership. You agree to reimburse eORDER in full for any costs,
expenses and damages caused by improper, unauthorized or illegal use of your
Membership and password by you or any person obtaining access to the Platform.
· You may not transfer or sell your Membership or account details to another party and you undertake that you are solely responsible for all activity conducted on the Platform through the use of your Membership.
5.
ELECTRONIC COMMUNICATION
· To fulfil our obligations to you under these Terms, we may wish to communicate with you by email, by other forms of electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications which need to be in writing.
6.
YOUR USE OF THE PLATFORM
·
You may not access or use the Platform or the
Services for any purpose other than the purpose for which we make the Platform
or the Services, as applicable, available to you and you may not use either the
Platform or the Services in a way that infringes the rights of anyone else or
that restricts or inhibits anyone else's enjoyment of the Platform.
·
Without limiting the generality of clause 7.1,
when accessing the Platform, or using our Services, you should not:
i.
post or transmit false, inaccurate, misleading,
defamatory, or libellous content (including but not limited to during the
registration process);
ii.
violate any third-party rights, including
intellectual property rights;
iii.
advertise to, or solicit, any user to buy or
sell any Services, except with the express written approval of us;
iv.
transmit chain letters or junk email to other
users;
v.
use any information obtained from the Services
in order to contact, advertise to, solicit or sell any products or services to
any user without their prior explicit consent;
vi.
attempt to impersonate another user or person;
vii.
use the username or account of another user;
viii.
use any information obtained from the Services
and Platform in order to harass, abuse or harm another user or person;
ix.
accepting payment of anything of value from a
third person in exchange for your performance of any commercial activity on or
through the Services on behalf of that person;
x.
use the Platform in a manner inconsistent with
any and all applicable laws and regulations; and
xi.
otherwise, incur any liability to the Platform
or us.
·
You may not copy, modify, distribute, sell, or
lease any part of the Platform. Unless law prohibits such restriction or you
have our written permission, you may not reverse engineer or attempt to extract
the source code of the Platform. You may only access the Platform through the
interfaces that we provide for that purpose (for example, you may not
"scrape" the Platform through automated means or "frame"
any part of the Platform), and you may not interfere or attempt to disrupt the
Platform.
·
You may not attempt to gain unauthorized access
to any portion or feature of the Platform, or any other systems or networks
connected to the Platform, or to any of the Services offered on or through the
Platform, by hacking, password "mining" or any other illegitimate
means.
·
You agree that you will not take any action that
imposes an unreasonable or disproportionately large load on the infrastructure
of the Platform or our systems or networks, or any systems or networks
connected to the Platform or to us.
· You agree not to use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other person's use of the Platform.
7.
PAYMENT AND REFUND
·
If you make a payment for one of our Services
available on our Platform, the details you are asked to submit will be provided
directly to our payment provider via a secured connection. Please ensure you
have read the applicable terms and conditions provided by your bank prior to
the transaction.
·
Multiple transactions by you on our Platform may
result in multiple postings to your monthly credit or debit card statement.
·
The product prices displayed on our Platform are
not inclusive of VAT. You may be charged in AED (United Arab Emirates' Dirham)
or US Dollar (United States Dollar) depending on where you are using the
Platform from and what type of credit or debit card you are using. In such
cases, there may be slight discrepancies in values due to changes in foreign
exchange rates. We are not responsible and shall not compensate you for any
loss that occurs due to these rate fluctuations. eORDER gives no warranties or
representations whatsoever in relation to the exchange rates it provides for
any transaction and is under no obligation to provide the best or most
competitive exchange rates available.
· For any defective products sold by eORDER, we will offer you a remedy in compliance with applicable laws. You acknowledge and agree that any refunds requested by you may affect your participation in Draws and chance to win Prizes (as set out in more detail in the Draw Terms). This is because your entry into the Draws are directly correlated to your purchase of the products and Services available on the Platform.
8.
INTELLECTUAL PROPERTY RIGHTS
·
The Platform and the materials on the Platform,
including without limitation, the text, software, scripts, graphics, photos,
sounds, music, videos, interactive features and the like ("Materials")
and the trademarks, service marks and logos contained therein
("Marks"), are owned by or licensed to eORDER, and are subject to
copyright and other intellectual property rights under UAE and foreign laws and
international conventions.
·
In connection with the Services, the Platform
may display certain content belonging to third parties. Use of this content may
be subject to a license granted by third parties to eORDER. You shall, in no
event, reverse engineer, decompile, or disassemble such content and nothing
herein shall be construed to grant you any right in relation to such content.
Materials on the Platform are provided to you "as is" for your
information and personal use only and may not be used, copied, reproduced,
distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise
exploited for any other purposes whatsoever without the prior written consent
of the respective owners.
·
eORDER reserves all rights not expressly granted
herein to the Platform and the Materials. You agree to not engage in the use,
copying, or distribution of any of the Materials other than as expressly
permitted herein, including any use, copying, or distribution of Materials of
third parties obtained through the Platform for any commercial purposes. You
agree not to circumvent, disable or otherwise interfere with security-related
features of the Platform or features that prevent or restrict use or copying of
any Materials or enforce limitations on the use of the Platform or the
Materials therein.
·
Content displayed on or through the provision of
the Services are protected by copyright as a collective work and/or
compilation, pursuant to copyrights laws, other laws, and international
conventions. Any reproduction, modification, creation of derivative works from or
redistribution of the Platform, the Materials, or the collective work or
compilation is expressly prohibited. Copying or reproducing the Platform, the
Materials, or any portion thereof for further reproduction or redistribution is
expressly prohibited.
· You will be exposed to Materials from a variety of sources, and, as far as the applicable law allows, eORDER is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials, and you agree and assume all liability for your use of any such Materials.
9.
DISCLAIMER FOR THIRD-PARTY APPLICATIONS
·
The use of any third-party application is
subject to any terms and conditions provided with such third-party application
and is not governed by us. eORDER is not responsible for any third-party
applications, and you acknowledge that such applications may be modified or
removed by their original publisher and/or respective rights owner at any time.
You assume all responsibility and risk of use of any third-party applications
(including any content therein) and eORDER hereby disclaims any and all
liability to you or any third-party related thereto.
· eORDER does not have any obligation to examine or scan third-party applications, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any third-party applications. The fact that a third-party application is available via any online platform or otherwise is not an endorsement, authorization or representation of eORDER 's affiliation with any third-party, nor is it an endorsement of such third-party application and you hereby waive any legal or equitable rights or remedies you have or may have against eORDER with respect thereto. eORDER exercises no control over third-party applications, products, services, software or any online platform and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through any third-party applications, products, services, software and any online platform. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party applications, products, services, software and any online platform.
10.
DISCLAIMER OF WARRANTY
·
To offer a reliable and enjoyable service we
need to fix bugs, install updates and perform general diagnosis and
maintenance. We cannot warrant that the Platform and Services will always be
uninterrupted, problem-free, free of omission, or error-free. To the extent
allowed by law, the Materials and function of the Platform, and Services, are
provided on an "as is" basis without warranties of any kind, whether
expressed or implied.
· Information obtained on the Platform may not always be accurate. We use other providers to provide data on which we base the information detailed on the Platform. We try to make sure that the data is correct and up to-date together with our partners, but we cannot guarantee that it will always be.
11.
LIMITATIONS OF LIABILITY
·
To the maximum extent permissible by applicable
law, we, our group entities, subsidiaries and affiliates
("Companies"), and their respective suppliers, and any of their
owners, officers, directors, managers, members, agents, and employees:
i.
shall not be responsible for any infringement or
transaction dispute, including, but not limited to, transaction disputes about
quality, safety, breach of warranty, and the payment by you;
ii.
are not liable for any direct, indirect,
punitive, incidental, special, or consequential damages or loss (including,
without limitation, incidental and consequential damages, loss of revenue or
anticipated profits, loss of goodwill, loss of business or damages resulting
from lost data or business interruption) arising out of, or in a way connected
with the use or inability to use the Platform and the Services, whether based
on warranty, contract, tort (including negligence), or any other legal theory,
and whether or not we advised of the possibility of such damages;
iii.
exclude any and all liability for damages caused
by any problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of any communications due to technical problems or traffic congestion
on the internet or on the Platform or combination thereof, including any injury
or damage to any users or to any person's computer related to or resulting from
use of the Platform; and
iv.
expressly disclaim all warranties and conditions
of any kind, whether express or implied, including, but not limited to the
implied warranties and conditions of merchantability, fitness for a particular
purpose and non-infringement.
· In conjunction with the limitation of warranties as explained herein, you expressly understand and agree that our maximum liability for any claim against us shall be limited to an amount of AED 100, for use of our Platform and/or Services.
12.
INDEMNITY
· You agree to defend, indemnify and hold harmless eORDER and its Companies, and its and their officers, directors, shareholders, successors, assigns, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your breach of any provision of this User Agreement; (ii) your breach of any third-party right, including without limitation any copyright, trademark, trade secret or other intellectual property, or privacy right; (iii) your use of the Platform or the Services, or (iv) any claim that the Platform, Services or any Materials caused damage to you or a third-party. This defence and indemnification obligation will survive termination, modification or expiration of this User Agreement and your use of the Services and the Platform.
13.
LIMITATION AND RERMINATION OF SERVICES
·
eORDER may establish limits from time to time
concerning use of the Services, including among others, the maximum number of
days that content will be maintained or retained by the Service, the maximum
number and size of postings, e-mail messages, or other content that may be
transmitted or stored by the Services, and the frequency with which you may
access the Services or the Platform.
·
eORDER reserves the right at any time to modify
or discontinue the Service on the Platform (or any part thereof) with or
without notice (without the need for a court order), and that eORDER shall not
be liable to you or to any third-party for any such modification, suspension or
discontinuance of the Service.
·
In the event of termination, you will no longer
be authorized to access the Platform or your Membership, and we reserve the
right to use any means possible to enforce this termination. You undertake to
immediately notify eORDER of any unauthorized use of your Membership or any
other security breach.
· Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law.
14.
FORCE MAJEURE
· Under no circumstances will we be held liable for any delay or failure or disruption of the Services delivered through the Platform or any disruption to the Platform itself resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, epidemics, pandemics, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
15.
GENERAL INFORMATION
·
Severability: If any provision of these Terms is
held by a court of competent jurisdiction to be invalid, illegal or
unenforceable and can be deleted without altering the essence of these Terms,
the invalid, illegal or unenforceable provision will be severed and the
remaining provisions will remain in full force or effect.
·
No Waiver: Any failure by us to enforce any
terms set out in these Terms or other policies with you is not a waiver of our
rights to enforce those terms.
·
Assignment and third-party rights: You may not
assign or sub-contract any of your rights or obligations under these Terms to
any third-party unless we agree in writing. We may assign, transfer or
sub-contract any of our rights or obligations under these Terms to any
third-party at our discretion and without the need for your consent or the
requirement to provide you with notice.
16.
GOVERNING LAW AND DISPUTE RESOLUTION
·
The Terms shall be governed by and construed
under the laws of the RAKEZ, Ras Al Khaimah, United Arab Emirates.
· These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail apply.
17.
CONTACT
· You can contact us at: info@eorder247.com.
18.
eORDER DRAW TERMS ("DRAW TERMS")
·
In addition to your agreement with the Terms,
the following provisions apply with respect to you participating in our raffle
draws ("Draw(s)") and winning the prizes ("Prize(s)").
·
We may amend these Draw Terms at any point in
time without notice and the amendments will take effect once they have been
displayed on the Platform. You acknowledge and agree that it is your
responsibility to review these Draw Terms periodically to familiarize yourself
with any modifications. Your continued use of the Platform and/or entry into
Draws following any amendments shall be construed as acceptance of those
amendments.
·
Draws will be approved by the relevant
authorities in the UAE and are in accordance with the guidelines (as such they
may be amended from time to time). A valid permit number will be issued for
each respective Draw. Where Draws are being run from any other jurisdiction
outside the UAE where we operate from, eORDER will obtain the necessary
regulatory requirements and permits as stipulated by the law in such
jurisdiction.
·
Only users with a valid Membership to the
Platform that satisfies all the Terms are eligible to enter into our Draws.
·
The types of Draws vary on the Platform. Each
product purchased on the eORDER App are in accordance with these Terms is
associated with a specific type of Draw whereby a user is awarded at least a
single complimentary ticket ("Ticket") to that specified Draw after
purchasing the product.
·
If you purchase a product on the eORDER App, you
will awarded reward points within the app wallet:
i.
Customers can use these rewards points to obtain
discount when purchasing for our shopping categories like Foos, Groceries,
bakery etc...
·
eORDER reserves the right, without prior notice,
to consider any unutilized credit in your Wallet waived by you after a
reasonable amount of time.
·
Ticket numbers are computer generated and may
not be sequential to the order in which the products they are associated with
are purchased. You cannot choose Ticket numbers as they are generated only upon
checkout and completion of purchase of the associated products.
·
Tickets awarded to you through your use of our
Platform are neither refundable nor transferable and are owned solely and
exclusively by you.
·
The length of each Draw varies and the date when
the Prizes are awarded can occur on any day of the week for the Draws that have
'sold out' a minimum of 24 hours prior to the day of the Draw. The Draw shall
occur in the presence of a government representative, unless the government
authority approves otherwise, and as such the results of any Draw are not
subject to negotiation, interference, challenge, or argument by a user. The
Draw date will be subject to the government representative's availability.
·
The deadline to enter any Draw using your Ticket
is prior to the sell-out of all products specified within the Draw, or prior to
the closure of the Draw (which happens before the Draw date); or, in the case
of a timed Draw, prior to the end of the timer displayed on the campaign box of
the specific Draw. The period of the Draws can be extended at eORDER 's sole
discretion, and we will notify you of any such extension.
·
Winners of the Draws are selected by the
government representative and will be notified on the day the Draw occurs. The
names of winners may also be announced in the local and regional press as well
as on the Platform and our associated social (online) media profiles, unless
you specifically advise us otherwise in writing prior to the Draw. Unless
otherwise specified, the number of winners per Draw will always be one (1).
·
On the Draw day, an email will be sent to the
registered email on the Platform detailing the next steps and how you can claim
the Prize, which may include the following:
i.
In the event the winner is based in the United
Arab Emirates, then he/she needs to collect the Prize from our premises within
sixty (60) calendar days and present valid identification as may be required,
in our sole discretion, in order to collect the Prize. Failure to collect the
Prize within this time period WILL result in us transferring the Prize to the
government authority after which eORDER will have no further responsibility
with respect to the Prize. Post transfer, the winner must liaise with the
government authority whereupon he/she will be subject to their terms and
conditions.
ii.
In the event a winner does not reside in the
United Arab Emirates, we will either courier the Prize to the winner by air or
land, or ship the Prize to the winner’s country of residence (nearest seaport
as selected by us in our sole discretion) at the cost of the winner. We can
also insure the shipment of the Prize at the cost of the winner. Collection
from the port and clearance through the port and customs shall be the
responsibility, and at the cost, of the winner. Accordingly, all local taxes,
custom duties, and any other form of expense beyond shipping and delivery at
the port will be paid by the winner.
·
Once a Prize is handed to/collected by the
courier/handler for international delivery, risk and responsibility will
transfer to the winner and we no longer hold claim nor responsibility for any
damage/injury incurred in transit, or upon delivery.
·
By entering the Draw, all winners consent to the
use of any and all content made by or provided to us. This includes but is not
limited to the use of their name, photographs, videos, call recordings and
other material created during the Draw, in the local and regional press, on the
Platform and on any social (online) media profile associated with us. You may choose
to withdraw your consent at any time, but this may affect your entrance into a
Draw.
·
All Prizes displayed on our Platform will be
awarded, as displayed, with only minor (if any) physical changes.
·
Where the registration or transfer of ownership
of a Prize is necessary, such registration or transfer of ownership will be
made against the name of the winner only, as it appears on the winning ticket.
By entering the Draw of a Prize where registration or transfer of ownership is
necessary, you agree that you meet the required government and regulatory
criteria to receive such registration or transfer of ownership.
·
If any winner is subsequently found ineligible
to participate in the Draw, we may at our sole discretion reclaim the Prize or
dispose of the same in such a manner and to such person as we deem fit. All
such decisions will be in line with applicable laws.
·
We will not be responsible for arranging any
insurance, including travel insurance, medical insurance, transport, meals, or
any other expenses of a personal nature incurred by the winner in the
collection of the Prize, unless otherwise agreed by us in writing.
·
We will not be responsible for claims, damages,
or expenses of any nature whatsoever for any loss, illness, bodily injury,
including death, of or to any winner and/or any third-party during and/or in
course of usage of any Prize or due to any defects in any Prizes.
·
Winners are responsible for any and all tax
liability where applicable.
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