These Online Terms and Conditions together with the Enrolment Application Terms and Conditions constitute a legally binding agreement between the Company and the Vendor. They shall govern the Vendor’s access and use of the Website at https://akkilna.com, any electronic mobile application (“Order App”) and the use of the food delivery services.
Unless the context requires otherwise, in this Agreement, the following expressions shall have the corresponding meanings ascnbed to them:
"Affiliates" means with respect to each Party its sister companies, owners, subsidiaries (whether fully or partially owned by the Party), affiliates, officers, directors, agents and contractors.
"Company Devices" shall mean the Company issued Electronic Order Tablet with the preinstalled Vendor App, and any other electronic device which the Company may provide to the Vendor.
"Confidential Information " means written, printed, graphic or electronically recorded materials furnished by the Company to the Vendor including, without limitation Customer Data, operating procedures, trade secrets, know-how and processes, product specifications and manuals, presentations, Company records and market analysis which not been made available to the public through legal means.
"Customer" means any Person who used the Company's Services and Electronic Platform with respect to an Order;
"Customer Data" means all data maintained by the Company in relation to the Customer, including without limitation, name, address, contact details and Customer preferences.
"Delivery Charges" means the delivery fee charged by Company to the customer for the Delivery Services as set out in the Enrolment Application.
"Delivery Services" means the Company's Order delivery services.
"Device Receipt" means any and all receipts setting out the details of the Company Devices which the Company provided to the Vendor.
"Enrolment Application" means the Vendor Enrolment Application signed and submitted by the Vendor to the Company to enrol the Vendor, or as may otherwise be approved by the Company by notice to the Vendor.
"Force Majeure Event" means war. revolution, civil commotion, acts of public enemies, boycott, blockade, embargo, natural disaster, third-party mechanical or other equipment breakdowns, fire, explosions, telecom service provider fiber optic cable cuts, telecom service provider fiber optic cable cuts or interruption or failure of its telecommunication or digital transmission links, Internet failures or delays, cyber-attacks on information or information systems, or any other extraordinary act or event beyond a Party's reasonable control.
"Order App" means the electronic application download on the Customer's mobile devices to (a) display Vendor Data, (b) place an Order, (c) track the Order status; (d) collect payment for the Order; and (e) provide feedback and display ratings.
"Person" means any individual, corporation (including any non-profit corporation), general or limited partnership, limited liability company, joint venture, estate, trust, association, organization, labor union, or other legal entity, moral person, or government authority.
"SalesCommission" means the Sales Commission as defined in Clause 3 of the Application.
"Electronic Payments" means the online and mobile based payment channels including the third party payment gateways, credit card, debit card, net banking transfer, e-wallets and Company credits that are available on the Electronic Platform for the purposes of facilitating Customer’s payment for the Order;
"Enrolment Application" means the Vendor Enrolment Application completed by the Vendor;
"Vendor Data" means the Menu, the Product price list, Vendor Opening Hours, Vendor tax information, if available, its timings and any other data regarding the Vendor's services provided by the Vendor to the Company.
"Menu" means any Vendor list provided by the Vendor to the Company setting out its Products;
"Vendor" means the person or company which completed the Enrolment Application, and is authorized to conduct sales and collect payment for preparing the Products;
"Vendor App" means the Company developed online Order management application which allows the Vendor (i) receive, accept and reject an Order; and (ii) provides updates on the Customers Order and its status;
"Optional Services" means the optional services offered to the by the Company from time to time;
"Order" means the Customer's order for the Vendor Products, which the Company handled electronically or manually.
"Parties" means the Company and the Vendor
"Products" moans the food and beverages sold by the Vendor and which has made available for delivery to the Customer
"Electronic Platform means the Company's Website and Order App;
"Company Services" means any service provided by the Company on the Electronic Platform services, the Delivery Services and other Services as the Company may provide to the Vendor from time-to-time.
"Website " means www.akkilna.com
1 The Company shall:
(a) list the Vendor Data, to the extent the Company deems reasonable, on the Electronic Platforms, to enable the Customers to place Orders;
(b) collect payment for the Orders placed on the Electronic Platforms for and on behalf the Vendor;
(c) transfer to the Vendor the purchase price for Orders after deducting its fees and charges, 3 to 7 working days of placing such Orders;
(d) provide Delivery Services.
2 The Company shall make the Electronic Platforms available to the Vendor and the Customer on a best efforts’ basis. The Company does not make any warranties or representations regarding the availability and accessibility of the Electronic Platforms.
3 The Company shall engage in its best efforts to accept or reject an Order, and to confirm the delivery times within 30 minutes of receipt of the Order.
1 The Vendor shall prepare the Order and make it ready for delivery in a timely manner.
2 Delivery of order to the Company
Upon delivery of the order, the Vendor shall be responsible that the Order delivery to the Company representative for delivery is:
(a) correct and complete;
(b) clearly properly labelled with the Customer name; and
(c)properly packaged using Company approved materials
3 The Vendor shall provide to the Company accurate Vendor Data in accordance with the Company's requirements, and shall promptly request that the Company remove any Vendor Data which is not accurate, or Products which may no longer be available for delivery.
4 The Vendor shall immediately inform the Company of any Orders which have been cancelled or modified, otherwise the Vendor shall be liable for all applicable charges and fees
5 The Vendor shall comply with all the terms and conditions set out in the Enrolment Application, including without limitation the refund provisions and its obligations with respect to exclusivity.
The Vendor represents:
(a) Power and Authority. They have the necessary powers and authorities to perform the obligations under these terms and conditions, and it has taken all necessary action to authorize its performance of its obligations hereunder;
(b) Standard of Care. The Vendor shall prepare high quality Products safe for human consumption and shall operate the premises in which the Products are prepared with skill and care in accordance all applicable laws and with good industry standards;
(c) Binding Effect. These terms and conditions constitutes a legal, valid and binding obligation with respect to the Vendor;
(d) Compliance. The Vendor shall at all times comply, with all applicable laws and regulations including without limitation environmental, health and safety (including food safety standards), licensing and municipal rules and regulations; and
(e) Non-Conflict. The execution of this Agreement, the exercise of its rights and the performance of its obligations hereunder do not constitute and will not conflict with any agreement to which the Vendor is subject or which is binding on them, and will not conflict with any applicable law. regulation, official or judicial order.
Each Party acknowledges that the relationship between the Parties pursuant to this Agreement is that of independent contractors. No provision of this Agreement shall be construed to constitute the Parties as partners or joint venturers or give any Party the power to direct and control the day-to-day activities of the other This Agreement does not grant any Party any right or authority to assume or create any obligation or responsibility on behalf of another Party. Further, no employee of any Party shall be deemed or treated as employees of another Party
1 Vendor hereby acknowledges that the Company is not liable for the quality of the Products and the Vendor Data, which shall be the of the Vendor. If a Customer or third party makes a demand, claim or legal action against the Company and its Affiliates of any nature whatsoever due to the quality of the Products, incorrect Vendor Data, Vendor's misuse of Customer Data or the misrepresentation, negligence, fraud or wilful misconduct of the Vendor; the Vendor shall indemnify, defend and hold harmless the Company and its Affiliates against any loss, damage or cost (including all legal fees and costs on a full indemnity basis) arising therefrom.
2 Except as set out in Clause 6.16.1, no Party shall be liable, to the maximum extent permitted by law, for any direct or indirect, exemplary, punitive or consequential loss or damage including damages or claims in the nature of loss of profit, loss of revenue, consequential loss, loss of use, loss of goodwill, loss of data, loss due to interruption of business, or loss of anticipated savings, interest amounts or investment opportunities whether arising under claims in contract or at law, tort, equity, breach of statutory duty, and even if such Party has been advised of the possibility of such losses or damages
Any notices may be sent by e-mail or by mail courier. The Company may send its notices to the Vendor at the Address and to the attention of the Contact Person set out in the Enrolment Application. The Vendor may send its notices to the Company at address or e- mail set out below, or as otherwise updated by the Company:
1 These terms and conditions, as updated by the Company from time-to-time shall apply for as long as Vendor avail themselves to the Company's Services.
2 Either Party may at any time formally end the use of the Company’s Services with or without cause or due to a force majeure event without obligation to seek a court order by providing a notice of termination at least one week in advance of the intended termination date to the other Party.
3 If the Vendor is in breach of its obligations under these terms and conditions or any other applicable terms and conditions in relation to the Company’s Services, the Company may suspend and deny the Vendor's access to the Company's Services upon discovery of such breach, and without obligation to provide notice. Such breaches include without limitation:
(a) The breach of any applicable health and safety regulations;
(b) The repeated failure of the Vendor to deliver Orders;
(c) And any violation that may harm the company or its agents or trademarks, at the discretion of the company.
4 Any termination, or suspension or denial of access shall be without prejudice to each Party's right to receive payments which may have accrued prior to such occurrence.
Except as expressly authorized by the Company or as may be required by law, Vendor shall not shall disclose to any Person the Confidential Information and shall ensure that its Affiliates also observe the provisions of this clause.
* We will not trade with or provide any services to OFAC and sanctioned countries
* Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website''
* Cardholder must retain a copy of transaction records and Merchant policies and rules
* User is responsible for maintaining the confidentiality of his account
These terms and conditions shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the Federal Laws of the U.A.E. as applied in the Emirate of Dubai. The Dubai Courts shall have exclusive jurisdiction over any dispute between the Parties ansing out of or in connection with this Agreement.
United Arab Emirates is our Country of Domicile. DIFFERENT TECH PORTAL/AKKILNA controls this Site from the U.A.E. DIFFERENT TECH PORTAL/ AKKILNA makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations, you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
The displayed price and currency selected only in AED, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
Akkilna.com takes customer satisfaction very seriously. In the case of problems with your food order, please contact Akkilna.com and call us on our hotline number and we will assist you. In appropriate cases, if you have already been billed by Akkilna.com, Akkilna.com will issue full or partial refunds. In the following cases: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction. Refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45days for the refund transfer to be completed
In relation to any product returns, the terms of product return belonging to the kitchens are applied. Akkilna.com does not undertake any responsibilities for the disputes, which may arise from terms of product return belonging to the kitchens.
You have the right to cancel an order up to 5 minutes from placing the order on our website. While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.
An order may be subsequently cancelled by a kitchens after you have received a confirmation that it has been sent to the kitchen. Akkilna.com and our partner kitchens reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
In relation to any product returns, the terms of product return belonging to the shops are applied. Akkilna.com does not undertake any responsibilities for the disputes, which may arise from terms of product return belonging to the shops.