JOVI – Terms and Conditions
IMPORTANT LEGAL NOTICE
For the avoidance of doubt, please note that references to “Platform” in these Terms include any current or future version of our website, http://www.jovi-app.com/, and any JOVI mobile application through which you access and use our Platform, in each case whether accessed through any current or future platform or device (including without limitation any mobile website, mobile application, affiliate website or related website for accessing and using our Platform that may be developed from time to time). By accessing any part of the Platform, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Platform immediately, and you will not be able to order any products through the Platform.
TERMS AND CONDITIONS OF USE AND SALE
1. INTRODUCTION AND OUR ROLE
a. Company details: JOVI Technologies Private Limited is a company duly registered in The Islamic Republic of Pakistan with registered company number 0169058, whose registered office is at Jovi hub, Plot 30, street no. 03, I-10/3 Islamabad.
b. Product Orders: We provide a way for you to communicate your orders (“Order” or “Orders”) for products (“Product” or “Products”) to delivery or takeaway restaurants, cafes, supermarkets, grocery shops, pharmacies and other vendors added on the platform from time to time in Pakistan (“Vendor” or “Vendors”) displayed on the Platform. The legal contract for the supply and purchase of Products is between you and the Vendor that you place your Order with and we will conclude the sale of Products on behalf of, and as commercial agent for, the Vendors in all cases. In case you have availed our service JOVI Job, any independent vendor/shop/store etc. you have selected, we will also act as a commercial agent as explained above and that the contract shall be between you and your selected vendor/shop/store etc.
c. Delivery Services: We provide the delivery services, and we may charge you the delivery fee ourselves (in respect of that delivery fee only, as principal, rather than as commercial agent for the Vendor).
2. PLATFORM ACCESS AND TERMS
a. Platform access: You may access some areas of the Platform without making an Order, however to place an order and to access the complete Platform you have to register.
b. Acceptance of terms: By accessing any part of the Platform, you indicate that you accept these Terms. If you do not accept these Terms, you should leave the Platform immediately, and you will not be able to order any Products through the Platform.
c. Revision of terms: We may revise these Terms at any time. You should check the Platform regularly to review the current Terms, because they are binding on you. You will be subject to the policies and terms and conditions in force at the time that you place an Order through us.
d. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your Internet connection are aware of these Terms and that they comply with them.
3. YOUR STATUS
a. Legal capacity and age: By placing an Order through the Platform, you warrant that: i. You are legally capable of entering into binding contracts with Vendor or in case of a minor, it is under the supervision of an adult/guardian/parent; and ii. You are at least 12 years old.
b. You acknowledge and agree that if you have a specific food allergy or intolerance, you will contact our Customer Service Representative to check that the food is suitable for you, before placing your order.
c. Cigarettes and other smoking products:
i. You acknowledge and agree that: it is an offence for any person under the age of 18 to buy, or attempt to buy, cigarettes, or for any person to buy, or attempt to buy, tobacco or other smoking products in Pakistan on behalf of any person who is under the age of 18;
ii. If your Order includes any, cigarettes or other smoking products, you might be asked to provide proof of your age at the time of delivery of your Order. If you are unable to provide proof that you are aged 18 or over to the satisfaction of your chosen Vendor or JOVI, or if the Vendor/JOVI Riders reasonably believes that the, cigarettes or other smoking products you have ordered have been bought by you on behalf of someone under the age of 18, the Vendor/JOVI Rider reserves the right not to complete the delivery of the cigarettes or other smoking products to you.
4. HOW TO MAKE AN ORDER AND HOW IT IS PROCESSED
a. Compiling your Order: Once you have selected the Products you wish to order from the menu of your chosen Vendor and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the “Mang-Wow” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so you will be entering into a contract with the Vendor and errors cannot be corrected (subject to paragraph 4 (b) below).
b. Amending or cancelling your Order: Once you have submitted your Order and/or your payment has been authorised, you will not be entitled cancel your Order, nor will you be entitled to a refund (please refer to paragraphs 4 (d) and 5 (f) for details of the process relating to rejected Orders and refunding of payment). If you wish to change or cancel your Order, you may contact our Customer Service team as described in paragraph 6 (c) and they will attempt to contact the Vendor in order to communicate your requests. However, there is no guarantee that we will be able to reach the Vendor or that the Vendor will agree to your requests as they may have already started processing your Order.
c. Payment authorisation: Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Vendor, subject to you opting for cash on delivery.
d. Processing your Order and Vendor Out of Order: On receipt of your Order, we will send it to the relevant Vendor and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the Platform and any Order confirmation e-mail that you may receive each confirm that you have a contract for the sale of Products with a Vendor but does not necessarily mean that your Order will be fulfilled by the Vendor. We encourage all our Vendors to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Vendor is unable to complete your Order by notifying/displaying “Out of Order” on your Platform. In doing so, Vendors will be in breach of their agreement with you and any payment made in respect of the order will be returned to you in accordance with paragraph 5 (f) below. In case of independent vendors which are not on the platform and have been selected by yourself, if they are unable to provide/deliver/give your selected order/service, you shall regardless and nonetheless be bound to pay service charges which shall incur/result consequent to your order.
e. Delivery of your Order: Estimated times for deliveries are provided by the Vendors and are only estimates. Neither we nor the Vendors guarantee that Orders will be delivered within the estimated times. In regards to the orders placed through JOVI Job, the estimated delivery times will be in consideration of the time given/selected by the customer/end consumer and their selected vendor/shop/outlet etc.
f. Commercial agency: For the avoidance of doubt, any orders processed by JOVI through the Platform are processed by JOVI in its capacity as commercial agent of any Vendor either on platform or selected by the customer/end consumer. Through JOVI Job Money received by JOVI shall not, in whatsoever sense, make JOVI as the beneficial owner thereof, subject to the amount due as per the agreed commission of JOVI in terms of service charge..
5. PRICE AND PAYMENT
a. VAT and delivery costs: Prices will be as quoted on the Platform. These prices include VAT but may exclude delivery costs and any administration or service charge imposed by JOVI or the Vendor. These will be added to the total amount due where applicable. In regards to the independent vendors which are not on JOVI platform and are selected through/under JOVI Job, any price which is subject to VAT according the independent vendor will be included in the total amount alongwith delivery costs and any administration or service charge imposed by JOVI or the Vendor.
b. Incorrect pricing: Our Platform contains a large number of menus and it is possible that some of the menus may include incorrect prices. If the correct price for an Order is higher than the price stated on the Platform, we will normally contact you before the relevant Order is dispatched. In such an event, neither the relevant Vendor nor we are under any obligation to ensure that the Order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
c. Payment methods: Payment for Orders must be made either through your wallet available within the Platform or in cash to the JOVI rider at the point of delivery by you.
d. Card payments: You can only top-up/load/pay/deposit/transfer amount in your wallet available within the Platform through a third party service provider i.e. Easy Paisa. e. Credit and discount vouchers: A credit or discount may apply to your Order if you use a promotional voucher or code recognised by the Platform and endorsed by JOVI, and you pay for any balance by your wallet or on cash on delivery. .
f. Out of Order Orders: If your Order is subsequently “Out of Order” by the Vendor (as described in paragraph 4. (d) above) or is unable to deliver for any other reason, any amount which has paid in advance through your wallet will be credited back if the order has not been changed/processed/delivered.
6. CUSTOMER CARE
a. General: Customer Service is extremely important to us. Subject to paragraphs 6 (e) and 11, our Customer Serviceteam will therefore try to assist you where possible if you have any problems with your Active Order. You can contact our Customer Serviceteam by clicking or selecting the “call option”, or similar button or by calling the telephone number shown on the Platform.
b. Questions about your Order: If your Order is taking longer than expected or you have any other problems with your Order, you can contact our Rider directly through the application and if the Rider doesn’t not respond you can then alternatively contact our Customer Service Team as described above and one of our Customer Service Advisers will attempt to contact the Vendor in order to follow up on your query.
c. Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact our Customer Service team as described above and they will attempt to contact the Vendor in order to communicate your requests. However, there is no guarantee that we will be able to reach the Vendor or that the Vendor will agree to your requests as they may have already started processing your Order.
d. Complaints or feedback: In the event that you are dissatisfied with the quality of any Products or the service provided by a Vendor, please consider providing feedback in the form of ratings, comments and reviews on the Platform (together, “Reviews”) to reflect your experience. The Reviews are an important part of our quality control process for the respective vendors.
e. Compensation: If you are dissatisfied with the quality of any Products or the service provided by a Vendor and wish to seek a refund, a proportionate price reduction, or any other compensation along-with damages, you amy contact JOVI’s Customer Service Representative to lodge your complaint or fill in a complaint in our complaint box and, where appropriate, follow the Vendor’s own complaint procedures within 72 hours of placing your Order and one of our Customer Service Representative will attempt to contact the Vendor in order to request compensation on your behalf. Please note, however, that the legal contract for the supply and purchase of Products is between you and the Vendor that you place your Order with. We have no control over Vendors and the quality of the Products or service that they provide, and we are not able to provide, and have no responsibility or liability for providing, any compensation or damages to you on behalf of any Vendor.
a. Terms of permitted use: You are permitted to use the Platform and print and download extracts from the Platform for your own personal non-commercial use on the following basis:
i. You must not misuse the Platform.
ii. Unless otherwise stated, the copyright and other intellectual property rights in the Platform and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright, trademark laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Platform other than in accordance with paragraph 7 (a) is prohibited.
iii. You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 7.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text. iv. You must ensure that our status as the author of the material on the Platform is always acknowledged.
v. You are not allowed to use any of the materials on the Platform or the Platform itself for commercial purposes without obtaining a licence from us to do so
b. Limitation on use: Except as sated in paragraph 7 (a), the Platform may not be used, and no part of the Platform may be reproduced or stored in any other Platform or included in any public or private electronic retrieval system or service, without our prior written permission.
c. Reservation of rights: Any rights not expressly granted in these Terms are reserved.
8. PLATFORM ACCESS
a. Platform availability: While we try to ensure the Platform is normally available from 8am to 12am, we do not undertake any obligation to do so, and we will not be liable to you if the Platform is unavailable at any time or for any period.
b. Suspension of access: Access to the Platform may be suspended temporarily at any time and without notice.
c. Information security: The transmission of information via the Internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Platform; any transmission is at your own risk.
9. VISITOR MATERIAL AND REVIEWS
ii. You represent and warrant that any Visitor Material you post, upload or transmit does not and will not breach any of the restrictions in paragraphs 9 (b) and 9 (c) below.
b. Visitor Material Policy: You are prohibited from posting, uploading or transmitting to or from the Platform any Visitor Material (including any Reviews) that:
i. Breaches any applicable local, national or international law;
ii. Is unlawful or fraudulent;
iii. Amounts to unauthorised advertising; or
iv. Contains viruses or any other harmful programs.
c. Visitor Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Platform must not:
i. Contain any defamatory, obscene or offensive material;
ii. Promote violence or discrimination;
iii. Infringe the intellectual property rights of another person;
iv. Breach any legal duty owed to a third party (such as a duty of confidence);
v. Promote illegal activity or invade another’s privacy;
vi. Give the impression that they originate from us; or
vii. Be used to impersonate another person or to misrepresent your affiliation with another person.
d. Removal of Reviews: The prohibited acts listed in paragraphs 9 (b) and 9 (c) above are non-exhaustive. We reserve the right (but do not undertake, except as required by law, any obligation) and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Platform that we determine breaches a prohibition in paragraphs 9 (b) or 9 (c) above, is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason. e. Use of Reviews: The Reviews and other Visitor Material contained on the Platform are for information purposes only and do not constitute advice from us. Reviews and Visitor Material reflect the opinions of customers who have ordered through the Platform or other third parties, and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, we assume no responsibility or liability to any person for any Reviews or other Visitor Material, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
f. Images: Any images of food displayed on the Platform are provided as a design feature of the Platform only and may not be either (a) an image of food prepared or produced by the Vendor from which you choose to order; or (b) representative of the food you receive from a Vendor.
g. Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by a Vendor or any other third party arising out of or in connection with any Reviews or other Visitor Material that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph 9.
h. Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach of paragraph 9 (b) or 9 (c) or any other applicable restriction and you release us to the fullest extent permitted by law from all liability in relation to such disclosure.
10. LINKS TO AND FROM OTHER SERVICE PROVIDERS
a. Third party service providers: Links to third party service providers on the Platform are provided solely for your convenience. If you use these links, you leave the Platform. We have not reviewed and do not control any of these third party service providers (and are not responsible for these links or their content or availability). We do not endorse or make any representation about these links, their content, or the results from using such links or content. If you decide to access any of the third party service provider linked to the Platform, you do so entirely at your own risk.
a. Platform information: While we try to ensure that information on the Platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the Platform, or to the functionality, Products and prices described on it, at any time without notice. The material on the Platform may be out of date, and we make no commitment to update that material.
b. Allergy, dietary and other menu information: When a Vendor signs up with us, they have to provide us with up-to-date menu information. We then include this on their dedicated page on the Platform. Where this information includes allergy or other dietary information, we will do our best to republish this information on the website or app exactly as it appears on the Vendor’s menu. If you have, or someone you are ordering for has, a concern about food allergies, intolerances or other dietary preferences, you should either contact our Customer Service Representative or alternatively comment in the order detail page/link.
c. Vendors actions and omissions: The legal contract for the supply and purchase of Products is between you and the Vendor including vendors under JOVI Job, which are not on the platform but have been selected by yourself and that you place your Order with. We have no control over the actions or omissions of any Vendors. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Platform:
i. We do not give any undertaking that the Products ordered from any Vendors through the Platform will be of satisfactory quality or suitable for your purpose or in accordance with your placed order and we disclaim any such warranties.
ii. Estimated times for deliveries are provided by the Vendors and are only estimates. Neither we nor the Vendors guarantee that Orders will be delivered within the estimated times.
iii. We encourage all our Vendors to accept all Orders and to communicate any “Out of Order” promptly, and we will notify you (generally by email) as soon as reasonably practicable. However, we do not guarantee that Vendors will accept and fulfil all Orders, and Vendors have the discretion to communicate “Out of Order” against any order at any time because you fail to provide proof of age for purchases of cigarettes or other smoking products when required or for any other legal reason.
iv. The foregoing disclaimers do not affect your statutory rights against any Vendors. d. Exclusion of terms: We provide you with access to and use of the Platform on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Platform and your use of it (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Platform and your use of it, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise ).
a. General: There is no direct nexus between you and JOVI, every order placed and confirmed is a contractual relationship between you and the vendor either who is on the Platform or is selected under JOVI Job, however.
b. Exclusion of liability: We will under no circumstances whatever be liable to you, whether in contract, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Platform (including the use, inability to use or the results of use of the Platform) for:
i. Any loss of profits, sales, business, or revenue;
ii. Loss or corruption of data, information or software;
iii. Loss of business opportunity;
iv. Loss of anticipated savings;
vii. Personal Injury,
ix. Loss of goodwill; or
x. Any indirect or consequential loss.
c. Limitation of liability: Subject to clauses 11, 12 (a) and 12 (c), our total liability to you in respect of all other losses arising under or in connection with the Platform or your use of it, whether in contract, breach of statutory duty, or otherwise, shall in no circumstances exceed twice the value of your Order or PKR 10,000.
d. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Platform, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
a. Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Platform immediately by notifying you in writing (including by email) if we believe in our sole discretion that:
i. You have used the Platform in breach of paragraph 7 (a) (License);
ii. You have posted Reviews or other Visitor Material in breach of paragraphs 9 (b) or 9 (c) (Visitor Material and Reviews);
iii. You have breached any other material terms of these Terms.
b. Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Platform.
14. WRITTEN COMMUNICATIONS
a. Applicable laws require that some of the information or communications we send to you should be in writing. When using the Platform or ordering Products via the Platform, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Platform. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15. EVENTS OUTSIDE OUR CONTROL
a. We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
b. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: i. Strikes, lock-outs or other industrial action;
ii. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, epidemic or pandemic, war (whether declared or not) or threat or preparation for war; iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
iv. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
v. Impossibility of the use of public or private telecommunications networks; and vi. The acts, decrees, legislation, regulations or restrictions of any government.
c. Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
16. ADDITIONAL TERMS
c. Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
d. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
e. Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
f. Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
17. GOVERNING LAW AND JURISDICTION.
a. These Terms shall be governed by and construed in accordance with The Islamic Republic of Pakistan. You can bring legal proceedings in respect of Terms in Pakistan’s courts only. b. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.