DeeMart Company Limited (herein after referred to as “DeeMart”) is a technological platform (herein after referred as “App”) that conducts retail sales to customers (herein after referred to as “Customers”) and has them delivered by shippers (herein after referred to as “shippers” that deliver products and services. DeeMart and Customer together are also referred to as “Parties”.
1. APPLICATION AND MEMBERSHIP
1.1 Customer may start to use the App in accordance with these Terms, after downloading the App, filling out the required areas for the registration, verifying their mobile phone number and logging in with his/her password.
1.2 Customer agrees that all information provided by him/her during the application is true, accurate and up-to-date in all respects and at all times. Customer may update his/her details at anytime via App.
1.3 Customer pays the order total of items that he/she requests through the app, including any delivery and/or service fee.
2. USE OF APP
2.1 After registering, verifying their phone number and logging in to App, picking items that can be delivered to the Customer, checking out, the Customer is matched with a shipper that is dispatched towards the Customer. Information about the shipper is provided to the Customer.
2.1.1 The given information (estimated time of arrival, the distance from the vehicle to the Customer, etc.) are estimates and may not be one hundred percent accurate however DeeMart tries its best to give the most accurate information and shall not be held liable for any inaccuracy.
2.2 After placing an order, the Customer may contact the shipper through the app. For issues unrelated to the assigned shipper, Customer may contact DeeMart Customer Services for all other issues. If no communication is made, Customer accepts that the delivery will take place and that they will be charged for their order.
2.3 In the case where Customer makes the shipper wait an excess amount of time, or makes delivery impossible by failing to show up without a valid reason, DeeMart maintains the right to charge the original order total and remove the Customer from the service.
2.4 Customer is required to pay the entirety of the order total of the products/services provided, including any delivery and/or service fees.
2.5 Upon placing the order, the Customer is charged the entirety of the order total. In extraordinary conditions, after calling DeeMart customer services, the charged order total may be reimbursed to the Customer. This is completely at the discretion of DeeMart.
2.6 DeeMart maintains the right to charge the entirety of the order total and/or a cancellation fee for deliveries that are not received by the Customer for reasons that are not under the responsibilities of DeeMart. This is completely at the discretion of DeeMart.
2.7 Upon delivery, the Customer may tip the shipper via their selected payment method. This will result in a second charge. Tipping is optional and depends on Customer satisfaction.
2.8 In the event where Customer’s mobile phone is stolen or lost, customer must notify DeeMart in this situation and request that his/her information be deleted. Otherwise, third parties can use the App and continue placing orders. DeeMart cannot be held liable for such payments.
2.9 Customer may inform DeeMart through the complaints section in the App with regard to the complaints about the assigned shippers and if evidence is present, DeeMart will make the necessary warnings to shippers, removing them from the service for repeated offenses.
2.10 Customer is charged the order total by DeeMart when they place an order. Customer may cancel their order with a valid reason by contacting DeeMart Customer Services. When orders are canceled, DeeMart will not charge customer anything.
2.11 Customer agrees not to misuse the services offered by DeeMart
2.12 DeeMart reserves the right to suspend or terminate Customer’s access to App in case Customer breaches these terms.
2.13 Customer agrees to use the App lawfully and properly and that he/she will be legally held liable for any unlawful action using the App. DeeMart cannot be held liable directly or indirectly for any unlawful transaction made and/or action taken within or through the App by Customer.
2.14 In case Customer cannot benefit from the services due to technical difficulties, DeeMart cannot be held liable for any default and no claim shall be raised against DeeMart under any name/nature.
2.15 Customer agrees that DeeMart cannot be held liable directly or indirectly for any unlawful transaction, activity made and/or action taken within or through the App by shippers or a third party.
2.16 Customer agrees that all he/she is responsible with regard to safety, storage, protection (from the third parties) of system access tools (username, password, email, etc.).
2.17 Customer agrees not to duplicate, copy, distribute and process any image, text, visual and auditory image, video clip, file, database, catalog and list found in the App in a way that will constitute an infringement to DeeMart’s and/or any other third parties’ real or personal rights and assets.
3. CLOSING ACCOUNT
3.1 Customer may close his/her account at anytime and without a reason by;
3.1.1 Sending an email to email@example.com
3.1.2 Calling the number of Customer services 0919142211.
4. OTHER CONDITIONS
4.1 Intellectual Property Rights
4.1.1 The App’s all elements (herein after referred as “DeeMart’s works that are subject to copyright”, including but not limited to design, text, images, html codes and other codes are reserved to DeeMart. Customer cannot use DeeMart services, DeeMart information and DeeMart’s works that are subject to copyright for commercial purposes. Customer cannot reproduce, distribute DeeMart’s works that are subject to copyright or cannot make or prepare derivatives of these without the permission of DeeMart.
4.1.2 DeeMart’s services, DeeMart’s information, and all work belonging to DeeMart that are subject to copyright, DeeMart’s trademarks, DeeMart’s business look or all assets including material and intellectual property rights, all real and personal rights, business knowledge and know-how are reserved by DeeMart.
DeeMart may amend these Terms upon its own discretion and unilaterally, at any time, by making an announcement through the App. The amended provisions of these Terms will be in effect after on-line approval of the Customer at the date of announcement or following the announcement; the remaining terms will continue to remain in force in the same way.
4.3. Force Majeure
In all events that constitute a force majeure according to law, DeeMart cannot be held liable for any default, deficient performance or breach of its liabilities. In that case or in a similar case, no compensation under any nature shall be claimed from DeeMart. The term “force majeure” will be interpreted as; unavoidable events including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions which occurred beyond the related party’s reasonable control even if DeeMart shows the necessary care.
These terms shall be valid and will continue to be in effect until Customer terminates his/her membership. DeeMart has a right to terminate the contract unilaterally in case Customer breaches the provisions stated within these Terms and rules with regard to App, membership and DeeMart services.
4.5. Validity of DeeMart’s Records
Customer agrees that the electronic records kept in DeeMart’s own database or server and system records, commercial records, book records, microfilm, microfiche and computer records will constitute a valid, binding, accurate and exclusive evidence.
This Agreement has entered into force with mutual agreement of the parties following the on-line approval of Customer.