DELIRUSH TERMS AND CONDITIONS
Latest Update: May 31, 2020
1. Agreement to Terms
Our management reserves the right to change or modify these Terms (including our policies which are included into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Applications following the date on which the amended Terms are posted.
2. Eligibility of Use
The Applications may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.
Users under the age of 18 must gain consent from parent(s) or at least from legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Applications 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 Applications immediately.
3. DeliRush Entities
Depending on which Applications you access and use, these Terms form the agreement between you and the following DeliRush entities:
• DELIRUSH.PH CORP. (www.delirush.ph)
• DELIRUSHPTE LTD. (www.delirush.sg)
4. What we do
Through our Applications, DeliRush links you to the food partners (“Merchants”) 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") to be delivered to you. When you place an order for Goods from our Merchants (“Order”), DeliRush acts as an agent on behalf of that Merchant to facilitate, process and conclude the order and subsequently for either us or the Merchant to deliver your Order to you.
5. Contractors and Merchants Are Independent
You understand and accept that DeliRush caters as a technology platform bridging customers like you with independent food partner merchants and similar businesses that provide the goods offered through the Applications, and independent third-party contractors who provide delivery services (“Delivery Service Providers”). You acknowledge and accept that DeliRush does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or lapses of any Merchant or any Delivery Service Providers. DeliRush is not the seller of any products offered by Merchants, nor is it in the consignment business or a shipper. DeliRush establishes a technology platform promoting and helping the transportation of orders by Users to Merchants for pickup or delivery by Delivery Service Providers. DeliRush will not determine or ensure the propriety, validity or capacity of any Delivery Service Providers or Merchant.
6. For Customers
6.1 DeliRush as Application to place food order.
The Applications allows you to place orders for food and beverage from food and beverage Merchants, such orders to be delivered to you by independent third-party food delivery services providers (“Delivery Service Providers”) or for such orders to be available for pick up as a takeaway by you from the Merchants.
DeliRush does not own, sell or resell any food and beverage items and does not control the Merchants, the third-party Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and delivery location serviceability of the Merchants and/or the Delivery Service Providers.
You accept that DeliRush is not responsible for the Merchants’ food arrangement and preparation or the safety of the food, and does not verify Merchants’ conformity with applicable laws or regulations. DeliRush has no responsibility or liability for acts or lapses by any Merchant or Delivery Service Providers.
6.2. Placing of a Food Order.
All food order and delivery bookings placed on the Applications (“Food Orders”) are treated as confirmed. You shall not be entitled to cancel your Food Order once you have received a confirmation. If you cancel your Food Order after it has been confirmed, you remain liable to pay the value of the food and/or delivery fee in full regardless of whether the Food Order has been prepared by the Merchant. You shall also be liable to pay the value of the food and/or delivery fee if you failed to collect the confirmed delivery within a reasonable time upon arrival for any reason.
Upon your successful submission of a Food Order, the Merchants and/or the Delivery Service Providers may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, DeliRush is not involved in and will not be responsible for any separate arrangement between you and the Merchant and/or Delivery Service Providers regarding the amendment and/or cancellation of orders made by you where such arrangement is not confirmed and recorded on the Applications.
You remain liable to pay the order value in full where (i) cancellation is made by you after the Merchant starts food/beverage preparation; or (ii) you are not present or do not show up at the assigned delivery location or the assigned pick up location to collect the takeaway your ordered (A) after 10 minutes from the time that the Delivery Service Providers arrives at the assigned delivery location or (B) within a reasonable time after you are informed that your order for takeaway is ready for collection; or (iii) you are unreachable physically or uncontactable (A) after 10 minutes from the time that the Delivery Service Providers arrives at the assigned delivery location or (B) within a reasonable time after you are informed that your order for takeaway is ready for collection.
6.3. Rejection to Process Order.
DeliRush, the Merchant and/or Delivery Service Providers may not process your Food Order in the event of any of the following:
(a) you are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable,
(b) if the requested delivery location falls outside the delivery zone offered in the Applications,
(c) there is a lack of information, direction or authorization from you at the time of delivery,
(d) you are not present or do not show up at the assigned delivery location or the assigned pick up location to collect the takeaway your ordered, or you are unreachable physically or uncontactable, (A) after 10 minutes from the time that the Delivery Service Providers at the designated delivery location or (B) within a reasonable time after you are informed that your order for takeaway is ready for collection, or
(e) unavailability of items ordered.
6.4. Price determined by Merchants.
The prices of food and beverage foods presented in the Applications are determined solely by the Merchants and are listed for information only.
Prices of food and beverage items as reflected in the Applications may, for reasons such as technical issue, typographical error or outdated Goods information supplied by the Merchant, be incorrectly reflected and in such an event the Merchant may cancel your order(s).
6.5. Promotion Vouchers, Codes or Discounts.
If you wish to use or apply any promotion vouchers, codes or discounts, you must enter the available promotion vouchers, codes or discounts upon checkout of the Food Order. All promotion vouchers, codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the order page for your Food Order. You agree that we are not obliged to accept late submission of promotion vouchers, codes and discounts after the ordering process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo vouchers, codes and discounts. We may take any action against you if you have been found to be using any promotion vouchers, codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account.
6.6 Accuracy and Completeness of delivery details
You are responsible for ensuring that the delivery details entered by you in respect of the Food Order on the Applications are true, correct and complete. DeliRush shall not be liable in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Applications; and in the event of late collection of the takeaway
6.7. Delivery Time
We shall exert reasonable efforts to meet the guaranteed delivery time, where applicable. You understand and accept, however, that any delay due to traffic, inclement weather or merchant order fulfilment delays are beyond our control and should not at any time be taken against us.
6.8 Merchant Warranty.
The Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage goods sold to you unless it is proven that the Food Order was delivered in an adulterated state caused by the negligence and wilful acts of the Delivery Service Providers.
6.9 Demurrage or Loss.
After the delivery of the food and beverage goods or collection of the takeaway you ordered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.
6.10 Restrictions on Ordering Alcohol Beverage.
Persons placing an order for alcohol from any Merchant must be at least eighteen (18) years old. Alcoholic beverages can only be sold and delivered to persons who are at least eighteen (18) years old. By placing an order that includes alcohol, you confirm that you are at least eighteen (18) years old. The Delivery Service Provider or the Merchant will have the right to refuse to deliver or provide any alcoholic product to any person who at the time of delivery or collection of takeaway (i) does not appear to be at least eighteen (18) years old or (ii) cannot prove that he/she is at least eighteen (18) years old or (iii) is, or appears to be, under the influence of either alcohol or drugs at the time of delivery or collection of takeaway and in such an event you agree that DeliRush, the Delivery Service Provider and or the Merchant shall not be liable to make any refund to you for payment already made by you.
6.11 User Charge Policy
DeliRush has sole discretion in adopting any User Charge policy for its services and may include, Platform Fees, Delivery Fees and Small Order Fess.
7. For DeliRush Merchants
This section applies to your use of our Food Partner Applications on web and mobile platforms (“Food Partner Applications”), and the terms in this Agreement are in addition to any other written agreement(s) entered into between you and DeliRush.
7.1 Submission of Content or Information
We do not claim ownership of any content or information that you upload via the Food Partner Applications or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such license.
Via the Food Partner Applications, we may provide you with an option to vary or amend the content or information submitted by you to us (including without limitation any information relating to the menu). You acknowledge that any such content or information may be made available in real time to end customers via an application operated by us or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the end customers in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted by you to us (via the Food Partner Applications or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third-party rights.
7.2 Personal Data
You must obtain our prior written approval if you wish to link to or make use of any content on our Food Partner Applications. In this regard, you may send us a formal request by way of email for our consideration. For the avoidance of doubt, without our approval, you are not allowed to link or make use of any content on our Food Partner Applications for commercial purposes. In any event, notwithstanding that we have granted approval for the linking, you must not establish a link to our Food Partner Applications (a) in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or (b) in any website which prohibits such linking or will in any way prejudice or compromise our reputation or integrity. We reserve the right to withdraw linking permission without notice. The Food Partner Applications must also not be framed on any other site.
7.4 Content of the Applications
Without prejudice to any other provisions in these Terms, we may vary, modify or remove any content on the Food Partner Applications without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the rare event where any information on our Food Partner Applications contains any typographical errors, inaccuracies or omissions, we reserve the right to carry out measures such as (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) cancelling orders if any information provided to you (whether via this Food Partner Applications or other related website) at the time of your order is inaccurate or if we otherwise are of the view that it is appropriate to cancel your order (“Rectification Measure”), at any time without prior notice (including without limitation after an order has been submitted). Notwithstanding the foregoing, we undertake no obligation to update, amend or clarify information on our Food Partner Applications; or carry out any other Rectification Measure, except as required by law. For the avoidance of doubt, no specified update or refresh date as shown on the Food Partner Applications or on any related website, should be taken to indicate that all information on the Food Partner Applications or on any related website has been modified or updated; and we shall, in no event, be liable to you or any third party for any losses, damages or consequences arising from (i) any variation, modification or removal of the content on the Application; and (ii) any Rectification Measure taken.
7.5 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW AND WITHOUT PREJUDICE TO THE OTHER PROVISION OF THESE TERMS, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LOWEST OF (a) Five Thousand Pesos (PhP 5,000), (b) THE VALUE OF THE SUBJECT MATTER IN QUESTION; OR (c) THE AMOUNT YOU PAID US TO USE OR ACCESS THE APPLICATION OR ANY OF ITS FEATURES OR FUNCTIONALITY IN THE PAST 2 MONTHS (IF ANY).
Notwithstanding any other term in this Agreement, this Agreement shall terminate when your relationship with us as a merchant on our systems is terminated. Such termination does not release either party from any liability which, at the time of such termination has already accrued to the other party or which is attributable to a period prior to such termination nor preclude either party from pursuing any rights and remedies it may have with respect to any breach of this Agreement.
8. Trademarks and Copyrights
All trademarks, logos, and service marks displayed on the Applications are registered and unregistered Trademarks of DeliRush and/or third parties who have authorized their use. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these these in any way. The use of DeliRush’s trademarks on any other website or mobile application is strictly prohibited. All of the materials contained on the Applications are copyrighted except where explicitly noted otherwise. DeliRush will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. DeliRush neither warrants nor represents that your use of materials displayed on the Applications will not infringe rights of third parties not owned by or affiliated with DeliRush. Use of any materials on the DeliRush Applications is at your own risk.
9. Governing Law and Severability
These Terms and Conditions shall be governed and construed in accordance with the laws of the country / courts of jurisdiction in which the relevant DeliRush entity is incorporated as set out in the table below. The following courts will have jurisdiction over any dispute or claim arising out of or in connection with the use of the Platforms:
• DELIRUSH.PH CORP. (www.delirush.ph) ; Republic of the Philippines
• DELIRUSHPTE LTD. (www.delirush.sg); Republic of Singapore
If any provision of these Terms and Conditions 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 and Conditions, which shall remain in full force and effect. No waiver of any provision in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.
The DeliRush Applications and the Content are provided on an “as is” basis. To the fullest extent permitted by law, DeliRush, its parent company, their agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantibility, non-infringement of third parties rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The DeliRush management cannot and do not guarantee or warrant that: (a) the DeliRush Applications will contain menus that are always accurate, complete, or updated on a timely basis as these are dependent on merchant product availability; (b) the DeliRush Applications will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data; (c) any files available for downloading from the DeliRush Applications will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (d) the functions or services performed on the DeliRush Applications will be uninterrupted or error-free or that defects in the DeliRush Applications will be corrected.
11. Limitations of Liability
DeliRush, its entities, agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the websites or for any other claim related in any way to your use of the websites. DeliRush shall also not be liable for any loss, expense, cost or damage arising directly or indirectly out of or in connection with the delay beyond the estimated time or date of delivery; availability of Products at any given time; force majeure, any circumstances beyond our control, and other events which we could not have avoided even with the exercise of reasonable care; or any indirect or unforeseeable loss suffered or incurred by customers or third parties. In any event, our liability for any given transaction shall not exceed the total price charged for the relevant items.
12. 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 feature.