Please read the terms and conditions very carefully before use;
The Services is operated and owned by App Land ltd (hereinafter referred to as “Delivify”, “we”, “us” or “our”), a company registered in Malta.
App Land ltd (“Delivify”) the owner of the Delivify App and Web Platform is a technology company. Our main business is the provision of a platform (mobile or web) through which independent merchants offer their products / services for sale to Delivify users. We also offer, for certain merchants, a delivery service to ensure the products you buy through our platform arrive to you within the timeframe required. Delivify hence works as an intermediary between the stores, using its shop front platform, and you, as the ultimate customer of the App / Web platform. We hence merely act as agents that deliver your binding request to the merchant, pass on your payment for the goods / services ordered and, if requested by the merchant, we carry out the delivery of the ordered goods.
In view of the above, we do not assume any liability for the quality of the goods / services or the correct provision of goods / services unless we handle the delivery ourselves.
You may access the Services either by (a) signing in as a guest; (b) registering to create an account (“Delivify Account”)and become a Registered User (“User”); or (c) registering to join by logging into your account via third party social networking sites (such as Facebook). Every such account, is referred to as a “Third Party Account”, via our Services, as described below. As part of the functionality of the Services, you may link your Delivify Account with Third Party Accounts, by either:
(i) Providing your Third Party Account login information to us through the Services; or
(ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
2.1 You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
2.2 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account so that it is available on and through the Services via your Delivify User Account.
2.4 Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personal identifiable information that you post to your Third Party Accounts will be available on and through your Delivify Account as part of the Services.
2.5 Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Networking Service (SNS) Content will no longer be available on and through the Services.
2.7 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. As such, You, as the Customer assume responsibility and hence the costs associated for the provision of goods/services to an incorrect address which stems from You incorrectly inputting the delivery address on the Platform.
2.8 We reserve the right to suspend or terminate your Delivify Account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
2.9 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Delivify Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Delivify Account.
2.10 Goods and services purchased from the Services are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
2.11 Registering at Delivify is free service and you will receive a username and password upon completing the website's/ app registration process or completing a transaction. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account.
You agree to;
(a) Immediately notify Delivify of any unauthorized use of your account or any other breach of security, and
2.12 If you are a non registered user you agree that upon reviewing the order at the website a user account will be auto created for you and the access to the same will be communicated to your email address provided.
2.13 In order to create a Delivify account and make use of any services provided by the platform you confirm:
3.1 We are a delivery service provider providing you an online platform to (a) order food/ products online from the list of restaurants, eateries and Merchants available on the Services, (b) pre- pay for your order via banking channels made available to you on the Services or paying for your food or product by debit or credit card or cash at the time of us delivering your food or any other product to your delivery address.
3.2 We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Merchants or the related services provided in connection thereof.
3.3 Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Merchant for the purpose of sending your binding order to the said Merchant and accepting payments from you for your online order and lastly (iii) in cases where we’re appointed to take care of the delivery, we will deliver your order to the address specified during the order process.
4.1 The Services allows you to make food order bookings as well as order products that you require based on an urgent situation and we will, subject to the terms and conditions set out herein, deliver the same to you.
4.3 As a general rule, all orders made are treated as confirmed (for all registered users). Checking out as a guest is not permissible for orders placed for products (You will need to register and check out)
4.5 In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, availability or unavailability of product/s ordered or change in price of the same order. At this time any change or confirmation of the order shall be treated as final and You will receive an email confirming the change in order. It is clarified that in the event you are unavailable on the phone at the time we are confirming the order, we may cancel your order and the provisions of the cancellation and refund policy below shall be applicable.
4.6 You can pay by credit card, debit card or through bank transfer at the time of booking an order or you can pay by credit or debit card or cash at the time of delivery.
4.7 You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant.
4.10 In cases where the delivery is in process but the delivery person cannot find the agreed location because of incorrectly supplied information, You, as the customer, shall be charged the full price of the product in case of perishable goods and a delivery charge for products which are non perishable. In case of pre-payment for non-perishable items, the “Refund” terms shall apply.
In cases where You, as the customer, decide you want to return the product purchased or make a claim concerning a product/service purchased, this should be dealt with directly with the Merchant whose name appears on the receipt of the product/s provided.
Should the Merchant accept the return or claim, and accept to refund (full or partial), it has the right to decide the refund method to use (card refund, cash or store credit). Hence all products purchased via the platform are subject to the refund policy of the Merchant.
It is imperative that You, as the customer, check the product/s before signing and accepting the goods delivered in fulfilment of the order and payment made.
(i) As a basic rule you shall not be entitled to cancel your order once you have received confirmation of the same.
(ii) However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
(iii) We reserve the sole right to cancel your order in the following circumstance:
You shall be entitled to a refund only if you pre-paid at the time of placing your order only in the event of any of the following circumstances:
(1) We (Delivify) cancelling your order due to;
(2) The merchant cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
Our decision on refunds shall be at our sole discretion and shall be final and binding. All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.
B. In case of payment at the time of delivery, you will not be required to pay for:
(a) Orders where the packaging has been tampered or damaged;
(b) Wrong order being delivered; or
(c) Items missing from your order at the time of delivery.
In all other cases, where You, as the customer, want to make a claim concerning a product/service purchased, this should be dealt with directly with the Merchant whose name appears on the receipt of the product/s provided. This is subject to clause 5 above.
7.1 You agree and acknowledge that we shall not be responsible for:
(a) The services or goods provided by the Merchant including, but not limited, serving of food orders suiting your requirements and needs;
(b) Delivify hereby disclaims any guarantees of exactness in menu price as it appears on the website and ordered by you. The exactness of the menu price may differ due to merchant/ restaurant variations, new order(s)/ menu introductions, menu modifications and other reasons similar. Delivify will make every effort to meet the user expectations but will not guarantee the exactness of the menu price.
(c) The Merchant’s services or goods not being up to your expectations or leading to any losses, harm or damage to you;
(d) The availability or unavailability of certain items on the menu or products in the category; or
7.2 The details of the menu and price list available on the Services are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability. Please note that all price are quoted inclusive of any applicable taxes.
7.3 You may not be able to avail from our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
7.4 You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
7.5 Your order will be only delivered to the address designated by you at the time of placing the order on the Services. We reserve the right to cancel the order, at our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the delivery cost or the full cost of the item in case of perishable items. Delivery in the event of change of the delivery location shall be at our sole discretion.
7.6 You shall undertake to provide adequate directions, information and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
7.7 We would like you to understand that our liability ends once your order has been delivered to you.
7.8 Services provided for Product delivery
(a) You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
(d) You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilised or shared with any Third Party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
(e) You, agree that a third party may sign and accept the goods/services ordered on your behalf unless otherwise specified at the time of the order. In cases where the third party signs of your behalf you agree to the same terms and conditions as if the signature was yours and hence are subject to all these terms.
7.9 We constantly strive to provide you with accurate information on the Services. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
7.10 If you use the Services, you do the same at your own risk.
7.11 You agree that we shall provide the Services only during the working hours of the relevant Merchants.
8.1 We do not endorse any Merchant. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, to anyone your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Users.
8.2 By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
9.3 As we are providing services in the country of Malta (Currently),we have complied with applicable laws of Malta in making the Services and its content available to you. In the event the Services is accessed from outside Malta or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Services and its contents are available or otherwise suitable for use outside Malta. If you choose to access or use the Services from or in locations outside Malta,you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorization, rules and guidelines.
9.5 You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
9.6 By using the Services you represent and warrant that:
(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
(ii) Your use of the Services shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
(v) You will not (a) use any services provided by the Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact email@example.com
(vi) You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Services.
(viii) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
(x) You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
(xii) You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:
(a) Any part of the Services or the Services software; or
(b) Any equipment or any network on which the Services is stored or any equipment of any Third Party.
10.1 We endeavor to make the Services available to you during Merchant working hours (In case of Restaurant, food outlets and other products). However, we do not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
10.2 We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of using, the Services. We shall also not be liable for the actions of third parties.
10.3 We do not represent or warranty that the information available on the Services will be correct, accurate or otherwise reliable.
10.4 We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.
11.1 In the event the Services is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android, Microsoft or RIM Blackberry (each being an “Operator”).
11.2 Your download, installation, access to or use of the Services is also bound by the terms and conditions of the Operator.
11.5 We are solely responsible for providing any maintenance and support services with respect to the Services as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.
11.6 You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any Third Party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
11.7 You and we acknowledge that, in the event of any Third Party claim that the Services or your possession and use of the Services infringes that Third Party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
11.8 You must comply with any applicable Third Party terms of agreement when using the Services (e.g. you must ensure that your use of the Services is not in violation of your mobile device agreement or any wireless data service agreement).
12.1 The services may be under constant upgrades, and some functions and features may not be fully operational.
12.2 Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the services or delay or errors in functionality of the services. As a result, we do not represent that the information posted is correct in every case.
12.3 We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
12.4 You acknowledge that third party services are available on the services. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s / merchants services.
12.5 While the materials provided on the services were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
12.6 The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
13.1 We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on it. Copyright laws and treaties around the world protect those works. All such rights are reserved.
13.2 You may print off one copy, and may download extracts, of any page(s) from the Services or our website for your personal reference and you may draw the attention of others within your organization to material available on the Services.
13.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.4 You must not use any part of the materials on the Services for commercial purposes without obtaining a license to do so from our licensors or us.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
All services offered and sold through Delivify are without warranties of any kind either expressed or implied. Delivify disclaims all or any warranty or liability from the purchase or use of the services offered on Delivify to the fullest extent. Any warranties or after sale services if any offered by the merchants or restaurants on any order shall be serviced directly by such merchant or restaurant and Delivify will not be under any obligation to ensure compliance or handle any complaints related.
Order/ menu/ offers prices are as shown on the website and are subject to incorrect data received from restaurants, technical issues and or typographical errors. Delivify, at its sole discretion, reserves the right to change the prices and products offered on the Website to fix such errors or otherwise without any prior notice by Delivify. Delivify reserves any right to cancel any order placed at an incorrect price. Prices quoted on the Platform are inclusive of all applicable taxes.