Terms of Service: Ride, Delivery and Foodie
FAKO IS A PRODUCT OF SAFR SOLUTIONS LIMITED, A TECHNOLOGY COMPANY THAT PROVIDES A PLATFORM FOR USERS TO OBTAIN OR PROCURE SERVICES. DEPENDING ON THE SERVICE IN QUESTION, THE SERVICES MAY BE SUPPLIED BY FAKO OR A THIRD PARTY PROVIDER. WHERE THE SERVICE IS PROVIDED BY A THIRD PARTY PROVIDER, FAKO’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. FAKO IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF FAKO AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY FAKO.
“Application” means the relevant mobile application(s) made available for download by SaFr Solutions Ltd (or its licensors) to Users and Third Party Providers respectively;
“SaFr Solutions Ltd” means:
SaFr Solutions Ltd Ltd in relation to SaFr Solutions Ltd;
“SaFr Solutions Ltd Policies” means the following:
the SaFr Solutions Ltd Driver / Delivery Partner Code of Conduct or the SaFr Solutions Ltd Customer Code of Conduct, as may be applicable; and
all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;
“Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;
“Platform” means the relevant SaFr Solutions Ltd technology platform, portal or website that, when used in conjunction with the Application, enables Users to request or access Solutions;
“Service” means the linking of Users to Third Party Providers or other Users through the Application, Platform and/or Software;
“Software” means any software associated with the Application which is supplied made available for download and installation by SaFr Solutions Ltd;
“Solutions” means the following transportation, logistics and/or other services which are made available to Users through the Service (each a “Solution”):
SaFr Solutions Ltd;
Any such other services which SaFr Solutions Ltd may make available from time to time;
“Third Party Provider” means the independent third parties who provide the relevant Solutions to Users through the Service, including drivers, delivery partners and third party merchants such as Fake Food Merchants;
“User” means any person who uses the Application, Platform and/or Software to search for and obtain the Solutions; and
“User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions.
By using the Service, you represent, warrant / undertake that:
You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
All the information which you provide shall be true and accurate;
You will only use the Application, Platform and Service for their intended and lawful purposes;
You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
You will not try to interrupt or harm the Service, Application and/or the Software in any way;
.You will not attempt to commercially exploit any part of the Application without our permission, including without limitation modify any of the Application’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
You shall not impair or circumvent the proper operation of the network which the Service operates on;
You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
You will not use the Application and/or the Software to cause nuisance or behave in an inappropriate or disrespectful manner towards SaFr Solutions Ltd or any third party;
When using the Service, you agree to comply with all laws applicable to you and/or your use of the Service;
You will not copy, or distribute the Software or other content without written permission from SaFr Solutions Ltd;
You will provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of the Agreement. You agree that SaFr Solutions Ltd may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, SaFr Solutions Ltd has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
You will only use an access point or data account which you are authorized to use;
You agree that the Service is provided on a reasonable effort basis;
You agree that your use of the Service will be subject to the SaFr Solutions Ltd Policies as may be amended from time to time;
You agree to assist SaFr Solutions Ltd with any internal or external investigations as may be required by SaFr Solutions Ltd in complying with any prevailing laws or regulations in place; and
You agree to assume full responsibility and liability for all loss or damage suffered by yourself, SaFr Solutions Ltd or any other party as a result of your breach of this Agreement.
You will not utilise modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud SaFr Solutions Ltd or to disrupt the natural functions of the Application.
You provide us the phone numbers of SaFr Solutions Ltd users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorised to provide us with such numbers to enhance your use of the Service.
If you are a Third Party Provider, you further represent, warrant / undertake that:
If applicable, you possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;
If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licences and approvals in respect of, the vehicle, motorcycle, bicycle or other mobility device (“Vehicle”) which you intend to use when providing transportation or delivery services for hire, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;
If applicable, you will use the appropriate road safety equipment (e.g. helmet);
If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/passenger transportation service or other delivery service;
You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you;
You shall obey all local laws related to the operation of a taxi/passenger transportation service or other delivery service and will be solely responsible for any violations of such local laws;
You shall not contact Users for purposes other than in connection with the Service;
You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Application, or any other customer of SaFr Solutions Ltd, including without limitation any user account not owned by you, to its source, or exploit the Application or any service or information made available or offered by or through the Application, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Application;
You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;
If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; and
You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Users. You are strictly forbidden to use the Service for other purposes such as but not limited to data mining of SaFr Solutions Ltd’s information or information related to the Application or the Service. A breach thereof constitutes a grave offense and may be treated as industrial espionage or sabotage, and SaFr Solutions Ltd reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service other than for the purpose for which it is intended to be used.
If you are a User, you further represent, warrant / undertake that :
Your use of the Service is, unless otherwise allowed by SaFr Solutions Ltd, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;
Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service.
You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the third party transportation provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy on SaFr Solutions Ltd’s website;
You shall not contact the Third Party Provider for purposes other than the Service;
You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;
Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Application or Platform except for your personal, non-commercial use;
Where applicable, you will not copy any content displayed through the Application or Platform, including any third party product content and reviews, for republication in any format or media;
You acknowledge and agree that only one (1) account can be registered on one device;
You are aware that when requesting Solutions by SMS or by using the Service, standard telecommunication charges will apply; and
You agree that SaFr Solutions Ltd may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account.
Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Application, Platform and/or Software. While we continuously develop the Application, Platform and Software in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Application and Platform are likely to be accessed from, we do not warrant compatibility of the Application, Platform and/or Software with specific mobile devices or other hardware.
SaFr Solutions Ltd and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Application and/or the Software to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by SaFr Solutions Ltd and its licensors.
You shall not:
license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
modify or make derivative works based on the Application and/or the Software;
“mirror” the Application / Software on any other server or wireless or internet-based device;
except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Application or any software or services made available on or through the Application;
use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Application; (b) to conduct data mining or scraping activities, or (c) in any way reproduce or circumvent the navigational structure or presentation of the Application or its content;
post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
remove any copyright, trademark or other proprietary rights notices contained on the Application or Platform; or
use the Application to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights; (c) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Application or the data contained therein; (e) attempt to gain unauthorized access to the Application or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.
Payment Terms for Third Party Providers (Drivers/Delivery Partners)
The fees which you pay SaFr Solutions Ltd for the Service are due immediately and are non-refundable (“Service Fee“).This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Application / Platform, our decision to terminate or suspend your access to the Application / Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
YOU ACKNOWLEDGE AND CONFIRM THAT FAKO MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.
SaFr Solutions Ltd retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold SaFr Solutions Ltd liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
SaFr Solutions Ltd may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. SaFr Solutions Ltd may change the Service Fee at any time at its sole discretion.
SaFr Solutions Ltd(Fako) shall administer payments to you by way of a Mobile Money or Bank Transfer. Your earnings will be displayed in the Driver’s Balance(minus commission) in the Application and will be paid to you at the relevant payment period.
Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.
Cancellation Terms for Third Party Providers:
The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of SaFr Solutions Ltd.
While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. SaFr Solutions Ltd reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.
Cancellation Terms for Users (Transportation Solutions):
Unless otherwise stated in any SaFr Solutions Ltd Policy, you may cancel your request for transportation services at any time before you commence your ride with the Third Party Provider that has been matched with you by the Service.
If you decide to cancel your ride booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as SaFr Solutions Ltd may notify from time to time via the Cancellation Policy on SaFr Solutions Ltd’s website.
If you feel you were incorrectly charged a Cancellation Fee, you may contact SaFr Solutions Ltd via Help Centre on SaFr Solutions Ltd’s website for assistance. SaFr Solutions Ltd reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or to your SaFr Solutions Ltd Pay Wallet or by such other method as is deemed reasonable by SaFr Solutions Ltd.
If indicated as such during your use of the Application, you will automatically be a member of the loyalty programme named “SaFr Solutions LtdRewards Loyalty Programme” operated by SaFr Solutions Ltd and/or its affiliate companies.
Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.
Every rating will be automatically logged onto SaFr Solutions Ltd’s system and SaFr Solutions Ltd may analyse all ratings received. SaFr Solutions Ltd may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.
Any complaints between Third Party Providers and Users must be taken up with each other directly.
You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend SaFr Solutions Ltd to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.
If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.
You shall maintain in confidence all information and data relating to SaFr Solutions Ltd, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of SaFr Solutions Ltd (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from SaFr Solutions Ltd, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without SaFr Solutions Ltd’s prior written consent, disclose such information to any third party nor use it for any other purpose.
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
was at the time of receipt already in your possession;
is, or becomes in the future, public knowledge through no fault or omission on your part;
was received from a third party having the right to disclose it; or
is required to be disclosed by law.
You acknowledge that SaFr Solutions Ltd may disclose Personal Data of other individuals to you in the course of your use of SaFr Solutions Ltd’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by SaFr Solutions Ltd, and not for any other unauthorized purposes.
You agree and allow SaFr Solutions Ltd to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service and/or advertising or marketing material supplied by third parties through the Service.
We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;
sublicense, transfer or distribute Google Maps;
sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or
access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.
SaFr Solutions Ltd makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. SaFr Solutions Ltd does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Application will meet your requirements or expectations. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
SaFr Solutions Ltd makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to SaFr Solutions Ltd in respect of the same.
Where applicable, SaFr Solutions Ltd’s role as collection agent is solely mechanical and administrative in nature and SaFr Solutions Ltd does not owe to you a duty of care or any fiduciary duties.
THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. FAKO IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST FAKO BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. FAKO AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:
LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR
AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED TO BY THE SERVICE, THE APPLICATION AND/OR THE SOFTWARE, EVEN IF FAKO AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21.2. FAKO DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE FAKO FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.
FAKO WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH FAKO, FAKO CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE FAKO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE, THE SOFTWARE AND/OR THE APPLICATION.
THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE USER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
SaFr Solutions Ltd may give notice through the Application, electronic mail to your email address in the records of SaFr Solutions Ltd, or by written communication sent by registered mail or pre-paid post to your address in the records of SaFr Solutions Ltd. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to SaFr Solutions Ltd (such notice shall be deemed given when received by SaFr Solutions Ltd) by letter sent by courier or registered mail to SaFr Solutions Ltd using the contact details as provided in the Application.
Notwithstanding the above, if you are a Third Party Provider, you may choose to submit a Dispute for mediation at the Superior Courts of Judicature and/or Small Claims Tribunal, subject to their respective rules and guidelines.
This Agreement comprises the entire agreement between you and SaFr Solutions Ltd in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions.
You agree that we may do any of the following, at any time, without notice:
modify, suspend or terminate operation of or access to the Application, or any portion of the Application (including access to your account and/or the availability of any products or services), for any reason;
modify or change any applicable policies or terms; and
interrupt the operation of the Application or any portion of the Application (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.We shall not be required to compensate you for any suspension or termination.
Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.
The Application allows you to place orders for food and beverage from food and beverage providers (“SaFr Solutions Ltd Merchants”), which at your option when placing the order(s), may be delivered to you by an independent third-party food delivery services provider (“Delivery Service Provider(s)”) or be made available for self pick-up from the respective SaFr Solutions Ltd Foodie Merchants during the time period as specified in the Application or otherwise communicated by SaFr Solutions Ltd. SaFr Solutions Ltd does not own, sell or resell any food and beverage items and does not control the SaFr Solutions Ltd Foodie Merchants, the Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability of the SaFr Solutions Ltd Foodie Merchants and/or the Delivery Service Providers.
All food order and delivery bookings placed on the Application (“Food Order”) are treated as confirmed. You shall not be entitled to cancel a Food Order after it is confirmed (including any address changes initiated via the app chat or call function with the Third Party Provider). If you cancel a Food Order after it has been confirmed, you remain liable to pay the applicable fees for the Food Order in full regardless of whether it has been prepared by the SaFr Solutions Ltd Foodie Merchant. For the avoidance of doubt, where you have opted to self-pick up a Food Order, you will be deemed to have cancelled the Food Order by not collecting it within the time period specified in the Application or otherwise communicated by SaFr Solutions Ltd. Neither SaFr Solutions Ltd nor the Third Party Provider shall be responsible to retain the Food Order for your collection after the said period has lapsed.
Upon your placement of a Food Order, the SaFr Solutions Ltd Foodie Merchants and/or the Delivery Service Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, SaFr Solutions Ltd is not involved in and will not be responsible for any such separate arrangement between you and the SaFr Solutions Ltd Foodie Merchant and/or Delivery Service Provider.
You remain liable to pay the order value in full where (i) cancellation is made by you after the SaFr Solutions Ltd Foodie Merchant starts food/beverage preparation or (ii) you are not present or do not show up at the designated delivery location or you are unreachable physically or uncontactable after 5 minutes from the time that the Delivery Service Provider arrives at the designated delivery location.
SaFr Solutions Ltd, the SaFr Solutions Ltd Foodie Merchant and/or Delivery Service Provider may not process your Food Order in the event of any of the following:
you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable,
if the requested delivery location falls outside the delivery zone offered in the Application,
there is a lack of information, direction or authorization from you at the time of delivery, or
unavailability of items ordered.
The prices of food and beverage items reflected in the Application are determined solely by the SaFr Solutions Ltd Foodie Merchant and are listed for information only.
Prices of food and beverage items as reflected in the Application may, for reasons such as technical issue, typographical error or outdated product information supplied by the SaFr Solutions Ltd Foodie Merchant, be incorrectly reflected and in such an event the SaFr Solutions Ltd Foodie Merchant may cancel your order(s).
The SaFr Solutions Ltd Foodie Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you.
You are responsible for ensuring that the details entered by you in respect of the Food Order on the Application are accurate and complete. SaFr Solutions Ltd shall not be liable (i) in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Application; or (ii) in the event of late or non-collection of the takeaway you ordered for self pick-up by reason of erroneous collection details entered by you on the Application.
After the delivery of the food and beverage items or collection of the takeaway you ordered for self pick-up, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.
Persons placing an order for alcohol from any SaFr Solutions Ltd Foodie Merchant must be at least eighteen (18) years old. Alcoholic beverages can only be sold and delivered to persons who are at least eighteen (18) years old. By placing an order that includes alcohol, you confirm that you are at least eighteen (18) years old. The Delivery Service Provider will have the right to (A) request to be shown your identity document for age verification purposes; and to (B) refuse to deliver or provide any alcoholic product to any person who at the time of delivery or self pick-up (i) does not appear to be at least eighteen (18) years old or (ii) cannot prove that he/she is at least eighteen (18) years old or (iii) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that SaFr Solutions Ltd, the Delivery Service Provider and the SaFr Solutions Ltd Foodie Merchant shall not be liable to make any refund to you for payment already made by you.
If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the Food Order. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the check out page for your Food Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discounts in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the SaFr Solutions Ltd Foodie Merchant and/or Deliver Service Provider pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied.
As a SaFr Solutions Ltd Foodie Merchant, in addition to provisions applicable to Third Party Provider in general and other terms or contracts which you have entered into with SaFr Solutions Ltd, you are subject to the additional terms below.
Creation and Monitoring of Self-funded Campaign or Promotion
You may be able to create a campaign, participate in promotion or place an order for advertisement(s) on the Application via our tool(s) which is made available on the Application PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity(ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at SaFr Solutions Ltd’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis.
By creating the campaign or participating in any promotions using our tool(s) on the Application, you accept the following additional general conditions:
(a) Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.
(b) Any information you input into our Application where required or otherwise provided to us must be complete, truthful, accurate and not misleading.
(c) Your intention to create or otherwise indicate consent to participate in a Marketing Activity via our Application must be genuine and must not be conducted in a manner which may be misleading to the Users. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.
(d) Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.
(e) You shall be responsible to directly handle any complaints or enquiries from Users in respect of the Marketing Activity.
(f) In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Users in respect of or in connection with the Marketing Activity.
(g) Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.
(h) While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any re
Instruction : If any user wants to remove account then please contact with this email id : [email protected]