Terms and Conditions for Users
Last version: 24/10/2021
Welcome to GET DUKAN The terms and conditions below (together with the documents referred to therein) comprise the terms and conditions (the Terms) which will apply to you when you use the GET DUKAN mobile application (the Application) to place orders for certain grocery products and related services that are provided and delivered by independent providers accessed via the Get DUKHAN Application (the Products and Services).
Please read these Terms carefully before you use the Application to access and procure Products and Services.
If you have any questions relating to these Terms, please send us an email at support@getdukan.com before using the Application. By downloading and installing the Application and then setting up your GET DUKAN account and/or otherwise accessing the Products and Services via the Application, you will be deemed to have accepted these Terms.
About Us
The Application is owned and operated by Get Dukan General Trading Company WLL a company established under the laws of the State of Kuwait, with commercial registration number 422033]. The terms “we”, “our” and “us” in these Terms refer to Get Dukan. You may contact us by email at support@getdukan.com
Purpose
Our objective is to connect you (the User) to independent providers of grocery products and related services (the Providers) that are listed on the Application to allow you to place orders for such Products and Services from such Providers via the Application.
GET DUKAN is not a Provider (nor does it provide the Products and Services except in certain specific incidences which will be indicated).
The duty of care and the customer-provider relationship, only exist between you and the Provider when the Provider accepts your request for the Products and Services via the Application. GET DUKAN does not owe you a duty of care with respect to the Products and Services you may request and obtain from a Provider. Therefore, you acknowledge that we shall not have any liability, and you waive any of the same which we may have, of whatsoever kind or nature concerning or relating to the Products and Services you may obtain from any Provider. GET DUKAN is only a mediator and a facilitator digital platform leveraging technology to connect customers with providers.
When you request for Products and Services from a Provider, we shall act only as a platform bringing you and the Provider together for you to conclude your transaction via our Application. We will also facilitate your experience and interactions with the Provider through our platform. Once you have requested for Products and Services via the Application, the requested Products and Services shall be performed and delivered at the time agreed to by you and the Provider. The resultant agreement to provide the Products and Services is between you and the relevant Provider and may be further subject to the Provider’s terms and conditions. As a platform, GET DUKAN is not the provider of the Products and Services ordered from and delivered by the Providers.
Your Account
Before you can request for Products and Services on our Application, you will have to create a GET DUKAN account. In order to create an account, you will need to provide us with the following personal information; (i) first, second, and last name, (ii) email address, (iii) mobile phone number, (iv) gender, (v) date of birth, (vi) civil identification data as provided on your government issued Civil Identification Card, (vii) preferred language, (viii) access to device biometric profile, and, when necessary, (vi) create a PIN code. You may also be required to provide payment details. All information you provide must be true and correct.
You are responsible for keeping any passwords you create, or other secure login methods, secret, and preventing others from accessing your GET DUKAN account through your email account or mobile phone. If an unauthorized person uses these or other methods to access your account, you shall be responsible to pay for any Products and Services they request, and we are not responsible for any losses you may suffer, unless the unauthorized person using your account obtained access to it because we did not keep your account secure. You may not utilize your account for any purpose which is contrary to these Terms and/or applicable laws.
Subject to the terms of our Privacy Policy, you may request that your personal information, that we have in our records, be deleted at any time by contacting us at +965-97674557.
We may suspend your account, or close it permanently, if we believe that your account has been used by someone other than yourself or has been used contrary to these Terms or applicable laws. We may also suspend or close your account if we learn that you are less than the local age of majority and using the Application independently of a parent or guardian account or if, in our opinion, you are abusing our Application.
Furthermore, you agree that we will not be liable to you or any third-party for any suspension or termination of your, account or use of the Application or any part thereof, or any removal of any materials that you have submitted in using the Application pursuant to these Terms. If we suspend or terminate your access to and/or use of the Application, you will continue to be bound by the Terms that are meant to survive such suspension or termination.
Your Location
The Application is designed and intended for users holding residency and/or a phone number in the countries where GET DUKAN operates legally. GET DUKAN makes no representation that the information and the Products and Services provided via the Application are appropriate or permitted for users in locations outside the official countries of operation. The Providers you choose to provide you with the Products and Services shall rely upon your confirmation of location in order to interact with you. If your confirmation of location is inaccurate or untrue, you agree to indemnify the Provider you interact with (and GET DUKAN where applicable) from any resulting damages, costs or claims.
Accessing the GET DUKAN Application from locations where access to such services via the Application is illegal is prohibited. You are responsible for complying with all relevant local laws in your location. If you choose to access the site from a location outside the official countries of operation, you do so at your own risk, and you will be solely responsible for any resulting consequences.
Logging in and Selecting a Provider
If you require Products and Services from a Provider via the Application, you will first select the type of Products and Services you require as well as a timeframe for the provision of such Products and Services between either an immediate delivery or a scheduled delivery slot in the future. Thereafter, the Application will display the list of Providers who are available to provide the relevant Products and Services. You will then select the online option for the provision of the Products and Services as specified on the Application.
The Provider shall rely on the information you provide. Accordingly, it is your responsibility to provide accurate information so that your expectations can be met. If the information you provide is inaccurate, this may affect the Service you receive. If certain Products and Services from the Provider you have selected are not available at your desired timings, you may not receive the Products and Services required at the time desired. However, you will be informed of the availability of the Products and Services by the Providers.
Service and Product Availability
All products and services offered by the Providers are subject to availability. When requesting immediate delivery through the Application, we will connect you to the first available Provider stocking the requested Products and Services. When scheduling a deferred delivery slot with a Provider, we will provide you with a list of Providers, and their available delivery or service times. Once you select a Provider, the Products and Services required, and pay the relevant fees, you agree to commit to the Provider’s cancellation policy.
Although we shall endeavour to keep the Application reasonably secure and available at all times, we do not guarantee that the Application will always be available, and the Application may sometimes experience periods of downtime (such as while we perform maintenance or when we update the Application).
Requests
When you select and request Products and Services from a Provider via the Application, the information which you will be provided with may include:
After selecting a Provider and the Products and Services you require, you will be directed to a request summary and confirmation page that may include the following details:
Once the information above has been provided, you will be prompted to select a payment method to finalize your order and delivery appointment.
The contract for the provision of the Products and Services you have requested from the Provider becomes effective once your payment is confirmed. Except as provided in these Terms, a request cannot be amended after the payment notice has been issued although it can be cancelled as provided.
You are responsible for paying for all the Products and Services requested using your GET DUKAN account, for any related charges and for complying with these Terms, even if you have ordered the Products and Services for someone else’s benefit.
Prices, Payment, and Account Credits
The total price of your request for Products and Services, excluding any taxes which may apply, shall be set out on the checkout page on the Application. Unless otherwise agreed, full payment for Products and Services must be made directly to the Provider before the Products and Services are provided and / or performed.
To complete your request, you will be required to select your preferred payment method which shall be either online or payment in cash. When making your online payment, you will be asked to select to pay through an acceptable debit or credit card. Once your order or request has been confirmed, your selected payment method shall be charged, and the total amount marked for payment.
Prices are subject to change at any time at the discretion of the Providers. Price will be displayed at the point of making an order . No pricing changes shall affect existing confirmed requests unless there is an obvious pricing mistake. In cases where an obvious pricing mistake is detected after the payment has been confirmed, the Provider may contact you to inform you of the applicable price or to give you the option to cancel the order if you do not agree to the updated price.
Provision of Products and Services
When you place an order, you will have the choice to request that it be completed immediately or at a scheduled time in the future. For immediate requests, the Provider shall attempt to deliver the Products and Services as soon as possible. For a request scheduled for a future time, the Provider shall endeavour to provide the Services when requested but shall keep you updated via the mobile number linked to your account or through the Application regarding any delays or rescheduling. In all cases, the Provider shall provide such Products and Services as set in your request. You must be available at the agreed location when the Products and Services are to be delivered. If you are not present at such time (e.g. where delivery services have been requested and you are not at the address given), the Provider will not be able to complete the request and you may be liable for a cancellation charge.
User Content
After the Products and Services have been delivered, you will be able to submit a review of the Products and Service and the Provider, which, at our discretion, may or may not be displayed on the Application. Reviews you submit should not be obscene or abusive, they shall not include any illegal content, and you are solely responsible for any review you submit. Without limiting the aforementioned, if we determine (in our sole discretion) that a review which was submitted by you violates these Terms, our policies or any applicable law, we shall be entitled to delete and not display such review and we may suspend and/or close your GET DUKAN account at our sole discretion.
We are not responsible for and disclaim all liability for any links provided to third-party websites.
Special Offers and Advertising
The Providers may sometimes make special offers available via the Application. These will be visible when you look at the application home screen or other marketing material. These offers are available at the discretion of and on the terms and conditions determined by the relevant Provider making the offer.
Your Rights if Something is Wrong with the Products and Services Requested
You have a legal right to receive Products and Services which comply with their description and the law, which are rendered professionally, and which comply with the relevant consumer protection standards and any specific requirements agreed with the Provider.
If you believe that the Products and Services you have been provided with via the Application do not comply with these legal rights, please contact us at +965-97674557 and we will endeavour to liaise between you and the Provider to resolve the issue. This does not affect any of your other rights under the law.
Our Responsibility for Loss or Damage That You Suffer
In no event shall we be liable, whether in contract, warranty, tort (including negligence or product liability), or otherwise, to you or any other person for the Products and Services received from Providers via the Application except in respect to any delivery services we may provide. In such case our liability will be limited to the value of such order.
If your loss or damage is caused due to failure of the Application, our liability will be capped at the service fee you paid through the Application at the time of the use complained about. In no event shall we be liable, whether in contract, warranty, tort (including negligence or product liability) or otherwise, to you or any other person for an amount in excess of the aforementioned amount in connection with the use of the Application. We shall not have any liability whatsoever for any transaction which were concluded without utilizing the Application.
You understand that all the information regarding the Products and Services of a Provider is provided by the Provider on the Application for information purposes only. We are not responsible for any errors in such information nor are we responsible for any actions relating to the use of or reliance on such information. We are also not responsible for any loss or damage caused by us that is not a foreseeable result of your use of the Application or for loss or damage caused by your failing to use reasonable care and skill in relation to your use of the Application. Further, we are not responsible for any loss or damage which results from your breach of these Terms, from any IT hardware/software failure, from any link to a third-party website/application or which is caused by a Provider.
If you seek to raise a claim for loss or damage caused by a Provider, you agree that such claim shall be raised against the relevant Provider only and not against us.
Although we will endeavour to ensure that the Application, its contents and its services are accurate, up-to-date and free from errors, the Application, its contents and its services are provided on an “as is”, “with all faults” and “as available” basis. We do not provide any warranty or guarantee in connection with the Application, its contents and its services, including by way of example, that it will always be available or that it will be free from errors or that the site or server that makes the Platform available are free of defects or that it is suitable for any particular purpose and expressly decline any such warranties and guarantees to the maximum extent permitted by law.
Indemnity
You agree to indemnify and hold us harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third-party (including any Provider) due to or arising out of your use of the Application including where your actions have been negligent, fraudulent or in violation of these Terms.
Cancellation
If you purchase and cancel Products and Services that you had ordered with a Provider, then the terms of the cancellation policy of such Provider shall apply. These will be provided by the Provider for your review prior to your confirmation of an order.
We or the Provider may notify you that a request has been cancelled at any time. You will not be charged for any requests cancelled by us or the Provider and we shall reimburse you for any payment that you have already made with respect to such cancelled request.
You understand and agree that the information you provide in the Application as well as your conversations and/or messages (including audio calls, and messages) with Providers may be recorded, stored, and filed. In this regard, we collect and utilize your personal data so that we may enhance the quality of the services which we provide to you generally and for the following purposes in particular:
Please see our Privacy Policy for further details on how your information may be utilized. We will use commercially reasonable efforts to secure and protect the confidentiality of your personal information in line with applicable laws; however, you acknowledge and agree that transmissions over the internet are not always completely secure and therefore we cannot guarantee that your personal information will not be accessed by unauthorized third parties.
The information you provided GET DUKAN will be shared with the Providers you choose to use via the Application.
Intellectual Property
Nothing in these Terms or the Application itself shall grant you any right, title or interest in any of our or a Provider’s intellectual property rights, including (but not limited to) the GET DUKAN trademarks and software of the Application, whether such rights are registered, which shall always remain our exclusive property.
You may not, and may not authorize any person to: reproduce, alter, modify, create derivative works of the Application; reverse engineer, disassemble, decompile, transfer, exchange or translate the Application or otherwise seek to obtain or derive the source code or API (being any applicable application programming interface with a set of functions and procedures allowing the creation of applications that access the features or data of an operating system, application, or other service), or attempt to do any of the aforementioned.
Notices and Permissions
You agree to receive any notifications which we or a Provider may provide through the Application, your mobile number or your email. If such notifications or the use of the Application generally result in charges imposed by a third-party (e.g. mobile phone data charges), you shall be solely responsible for such charges.
Other Terms
If either we or you have any right to enforce these Terms against each other, that right shall not be lost even if the party which has the right delays enforcing it or waives their right to enforce it in any instance.
If a court or other authority decides that any part of these Terms is illegal or unenforceable, the rest of these Terms shall be unaffected and shall remain in force.
We may amend these Terms from time to time. If we make any changes which affect your rights in relation to our Application, we shall notify you and the amended Terms shall be enforceable the next time you utilize the Application. Amendments to the Terms shall not affect any requests you have made that have been paid.
You are not entitled to assign your GET DUKAN account, or any rights/obligations connected therewith to any third-party. You agree that we shall be able to assign any and/or all our rights and obligations in connection with these Terms to any third-party at our sole discretion.
These Terms are governed by Kuwait law and any disputes in relation to the same and the use of our Application shall be submitted to and resolved by the Kuwait courts.