TERMS OF USE

These Terms of Use (including all other terms, policies, notices, guidelines, and forms referenced herein or otherwise available on the Platform or by hyperlink) (“Terms”) govern your use of the websites and mobile applications provided by Mascon International Business Services Ltd (or referred to as “Delivoo”, “we” or “us”) (collectively the “Platform”). The services we provide or make available include (a) the Platform and (b) the services provided by the Platform and/or by Delivoo and made available through the Platform (the "Services"). Any new features added to the Services are also subject to these Terms. These Terms govern your use of Services provided by Delivoo.

Please read the Terms carefully. By accessing and using the Platform, you agree that you have read, understood and accepted the Terms and consent to the processing of your personal data in accordance with the terms set out in the Privacy Policy of Delivoo. If you do not agree with the Terms, please do not access or use the Platform, or the ServicesThe Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies.

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting the Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platform and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platform immediately.Delivoo reserves the right to change or modify the Terms (including its policies which are incorporated into the Terms) at any time. You are strongly recommended to read the Terms regularly. You will be deemed to have agreed to the amended Terms by you

1.1 Who we are

These Terms form the contract between you and Mascon International Business Services Ltd (trading under the name of “Delivoo”) Delivoo a Mauritian company incorporated in Mauritius under incorporation number 187513 having its registered office situated atOffice 8-11, 1st Floor block B, Phoenix Central, Pont Fer, 73526.

1.2 What we do

Through our Platform, Delivoo links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods"). These Goods are delivered to you by our “riders”. When you place an order for Goods from our Vendors (“Order”), Delivoo acts as an agent on behalf of that Vendor to facilitate, process and conclude the order andsubsequently deliver your Order to you.

1.3 How to contact us

For customer support, you may reach out to us viaemail (contact@delivoo.mu)or throughour in-app customer support chat feature.

2 Use of the Platform and Delivoo Account

2.1 You will need to register for a Delivoo account for you to use the Platform. When you register for a Delivoo account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Delivoo account are your sole responsibility.

2.2 Delivoo shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.

2.3 If you wish to delete your Delivoo account, please send us an email requesting the same. We may restrict, suspend or terminate your Delivoo account and/or use of the Platforms, if we reasonably believe that:

2.3.1 someone other than you is using your Delivoo account; or

2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

3 Restrictions

3.1 Activities Prohibited on the PlatformsThe following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Delivoo reserves the right to investigate and take appropriate legal action against anyone who, in Delivoo's sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

3.1.1 using the Platforms for any purpose in violation of local laws or regulations;

3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Delivoo in its sole discretion or pursuant to local community standards;

3.1.4 posting content that constitutes cyber-bullying, as determined by Delivoo in its sole discretion;

3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour;

3.1.6 posting telephone numbers, street addresses, or last names of any person;

3.1.7 posting URLs to external websites or any form of HTML or programming code;

3.1.8 posting anything that may be “spam,” as determined by Delivoo in its sole discretion;

3.1.9 impersonating another person when posting content;

3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;

3.1.12 harassing, threatening, stalking, or abusing any person on the Platforms;

3.1.13 engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Delivoo, exposes Delivoo or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

3.1.14 encouraging other people to engage in any prohibited activities as described herein.

3.2 Delivoo reserves the right but is not obligated to do any or all of the following:

3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

3.2.3 suspend or terminate a user’s access to the Platforms or their Delivoo Account upon any breach of these Terms;

3.2.4 monitor, edit, or disclose any content on the Platforms; and

3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

4 Intellectual Property

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Delivoo and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Delivoo 's trademarks on any other website not approved by us is strictly prohibited. Delivoo will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Delivoo neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Delivoo. Use of any materials on the Platforms is at your own risk.

5 Restrictions on Goods

5.1 Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”). These restrictions include minimum age requirements for alcohol/alcoholic and tobacco products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.

5.2 Alcohol / Alcoholic Products (“Alcohol”)

To purchase Alcohol, you must be of the statutory legal age. Delivoo, and its delivery riders, as the case may be, reserve the right in their sole discretion:

5.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Alcohol;

5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or

5.2.3 to refuse delivery to any persons for any reason whatsoever.

5.3 Cigarettes/Tobacco Products (“Tobacco”)

5.3.1 We may offer Tobacco on our Platform where the laws allow. By offering Tobacco for sale on our Platform, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way.

5.3.2 To purchase Tobacco, you must be of the statutory legal age. Delivoo, and its delivery riders, as the case may be, reserve the right in their sole discretion:

5.3.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;

5.3.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or

5.3.2.3 to refuse delivery to any persons for any reason whatsoever.

5.4 Any offer for any Alcohol and Tobacco made on the Platforms is void when it is prohibited by law.

6 Orders

6.1 When you place an Order with Delivoo, Delivoo will confirm your order by sending you a message confirmation containing the Order receipt. Where and if applicable at the material time, Orders will include delivery fees and any applicable tax .

6.2 Minimum Order Value - Some Orders require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.

6.3 Special Instructions - Delivoo shall communicate to the Vendor any special instructions you may have. Delivoo shall not be responsible to replace or replace an Order which does not conform to special instructions provided by you.

6.4 Allergens and Dietary Restrictions – Delivoo is not obligated to provide ingredient information, or allergen, dietary restriction or special dietary requirement information on the Platforms. Furthermore, Delivoo does not guarantee that the Goods sold by Vendors are free of allergens or comply with any special dietary requirements. It is your responsibility to contact the Vendor before placing an Order on our Platform. Delivoo shall not be held liable for any adverse reactions or consequences arising from the consumption of Goods sold by Vendors.

6.5 Please note that your Order may be subject to such additional terms and conditions as may be provided by the Vendor. IE for fruits and vegetables, or product sold in trays with price according to weight, a margin of error of +/- 10% is acceptable.

6.6 Prior to placing the Order

6.6.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.

6.6.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.

6.7 Placing the Order

To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

6.8 Cancelling an OrderPlease contact us immediately via our in-app customer support chat feature if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order.

6.9 RefundsYou have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.

6.10 Delivoo reserves the right to cancel any Order and/or suspend, deactivate or terminate your Delivoo account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Delivoo account and/or with your Order.

7 Prices and Payments

7.1 Prices quoted on the Platform shall be displayed in Mauritian currency and are VAT included. Prices and offers on the Platform, and you accept that, may vary from the prices and offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets).

7.2 Delivery fees where and if applicable are chargeable on every Order unless stated otherwise.

7.3 Prices and additional charges (including but not limited to Delivery, Small Order or Service fees) indicated on the Platform are as at the time of each Order and may be subject to change.

7.4 A breakdown of the prices and additional charges (including but not limited to Delivery, Small Order or Service fees) are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.

7.5 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:

7.5.1 Our payment partners: Visa, Master, Amex, Juice, Maucaus, Blink; or

7.5.2 Such other payment method we offer from time to time.

7.5.3 No cash payment is accepted by DELIVOO.

7.6 If you have a valid promotional or discount vouchers, you can use this to pay for part or all of your Order as the case may be.

7.7 After an Order is successfully placed, you will receive a message confirmation from us with your Order receipt.Delivoo reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. Delivoo does not store your credit card or payment information.

7.9 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, Delivoo takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

8 Delivery

8.1 Delivery AreasYou understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.

8.2 Delivery TimeDelivoo shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your message  confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed. If your Order contains Alcohol or Tobacco (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, Delivoo reserves the right not to deliver your Order to you.

8.3 Delivery OptionsDelivoo offers the following delivery options:(i) Standard DeliveryIf you choose standard delivery, you will be shown an estimated delivery time for your Order. However, we will attempt to deliver your Order as soon as possible, and you must therefore be available to accept delivery from the time you place the order.(ii) Scheduled DeliveryThe scheduled delivery programme (the “Scheduled Delivery”) allows you to choose a specific timing to schedule an Order in advance for delivery at a specific time. 
Delivoo shall not be liable for any claim, loss or damage whatsoever incurred by you arising from you voluntarily opting in to Scheduled Delivery.

8.4 Unsuccessful or Failed Deliveries

8.4.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

we will contact you via, among others, call or message, to inform the unsuccessful delivery and next steps. In such cases, Delivoo reserves the right to cancel the Order without refund or remedy to you.

8.4.2 No-show CancellationsIf you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Delivoo reserves the right to cancel the Order without refund or remedy to you.

8.5 Wrong Order, Missing Items, Defective GoodsUpon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.3 above immediately. In some cases, Delivoo may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

9 Vouchers, Giftcards, Discounts and Promotions

9.1 From time to time, Delivoo may run marketing and promotional campaigns which offer gift with purchase (“Gifts”), voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

9.2 Delivoo also allows for the purchase and redemption of giftcards on the Platform (“Giftcards”).

9.3 Vouchers, Gifts and Giftcards are subject to validity periods, redemption periods, use restrictions, limits and/or other availability. All Vouchers, Gifts and Giftcards are offered on a ‘while stocks last’ basis.

9.4 Vouchers, Gifts and Giftcards may not be valid when used in conjunction with other promotions, discounts or other vouchers.

9.5 Additional terms and conditions (including vendor specific terms) may apply to Vouchers, Gifts and Giftcards.

9.6 Unless otherwise stated, Vouchers and Giftcards can only be used on our Platforms. Vouchers and Giftcards can be redeemed by selecting the payment mode as Vouchers and/or Giftcards respectively.

9.7 Vouchers, Gifts and Giftcards are non-exchangeable, non-refundable and cannot be exchanged for cash. Further, Vouchers and Gifts are non-transferable.

9.8 For an Order which qualified for the Gifts and/or Giftcards, should such Order be refunded, cancelled or void, Delivoo has the sole discretion to:

9.9 Delivoo does not warrant the quality or performance of the Gifts and/or Giftcards and shall not be responsible for any damages including, but not limited to, the loss of life, injury to person and/or damage to property arising from or in connection with the promotion and/or use of the Gifts and/or Giftcards.

9.10 Delivoo is not responsible if your Giftcard is stolen, lost, destroyed or used without your permission. Delivoo shall not be responsible, and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any Giftcard.

9.11 Delivoo may withdraw, amend and/or alter any applicable terms and conditions of the Vouchers, Gifts and/or Giftcards at any time without prior notice.

9.12 Delivoo reserves the right to void, discontinue or reject the use of any Voucher and/or Giftcard at any time without prior notice for reasons including but not limited to:

9.13 Delivoo further reserves the right to void, discontinue or reject the use of a Giftcard without prior notice for reasons including but not limited to:

9.14 Delivoo may at its sole discretion forfeit, exclude, disqualify or refuse your use of Vouchers, Gifts and/ or Giftcards redemption from certain Vendors, at any time without prior notice.

9.15 You confirm that the recipient email address, Giftcard value and all other information provided to Delivoo is accurate. Delivoo shall not be responsible and assumes no liability if the Giftcard is delivered to an unintended recipient or if the details provided by you are incomplete and/ or inaccurate. By providing Delivoo with your Giftcard recipient’s email address, you warrant that you have the legal basis to do so.

9.16 If the order value is less than the amount of the Giftcard, the outstanding balance (after deduction of order value) will reflect under the same Giftcard and can be used for subsequent transactions.

10 Representations, Warranties and Limitation of Liabilities

10.1 Representations and Warranties

You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While Delivoo makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

10.2 Limitation of Liability

To the extent permitted by law, Delivoo (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Delivoo entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Delivoo entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

10.3 Vendor’s representations

Delivoo shall neither be liable for actions or omissions of the Vendor nor you in regard to provision of the Goods and where Vendor Delivery applies to your Order. Delivoo does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct.

11 Vendor Liability

Vendors are responsible for the preparation, condition and quality of Goods. In cases of Vendor Delivery, Vendors are responsible for delivery of the Goods and/or Orders. Delivoo shall not be liable for any loss or damage arising from your contractual relationship with the Vendor.

12 Personal Data (Personal Information) Protection

You agree and consent to Delivoo and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms.

13 Indemnity

You agree to indemnify, defend, hold harmless Delivoo, its directors, officers, employees, representatives, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.

14 Third Party Links and Websites

The Platforms may contain links to other third-party websites and by clicking on these links, you agree to do so at your own risk. Delivoo does not control or endorse these third-party websites or links and shall not be responsible for the content of these linked pages. Delivoo accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third-party links and websites.

15 Termination

Delivoo has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Delivoo, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Delivoo may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

16 Amendments

Delivoo may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.

17 Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

18 Governing Law

These Terms shall be governed and construed in accordance with the laws of Mauritius.

19 Contact Us

If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support chat.

20 Rider Tip

20.1 Rider Tip is applicable for all orders. When you place an order on the Platform, you will have the option to pay a tip to the Delivoo rider assigned to deliver your Order. Delivoo will collect payment for the tip using the payment method chosen by you for the order. The rider will receive the full amount of any tip you choose to make once the delivery is completed.

20.2 For orders cancelled before delivery, Delivoo will process a refund of any rider tip paid by you to the payment method used for the order. Refunds will require time to be processed by us, your credit card company and/or your bank. It can take anywhere from 5 to 10 business days (or even up to 30 days for overseas banks) for your refund to be processed and reflected in your account.

20.3 Tips are not refundable once the Order has been delivered by the rider.

20.4 If you have any questions or issues regarding your rider tip, please reach out to our customer support via email or the in-app chat feature available on the Platform.

21 Prevailing Language

In the event of a dispute as to the Terms, the English version shall prevail. The English language version of these Terms shall control in all respects and shall prevail in case of any inconsistencies with translated versions.