USER TERMS OF SERVICE

By using the Deliverly Service, you agree to be bound by these User Terms of Service (“Terms of Service”).
Please read the following Terms of Service carefully before using the Deliverly Service. If you do not agree with the Terms of Service, you cannot use the Deliverly Service. These Terms of Service apply to any use of the Deliverly Service and to the Purchase Agreements made hereunder.
The Terms of Service are concluded between us and the User only, and not with Apple Inc., and Apple Inc. is not responsible for the Deliverly App or the content thereof. You agree that Apple Inc., and Apple Inc.’s subsidiaries (“Apple”), are third party beneficiaries of the Terms of Service, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.

 
“Merchant” means a restaurant, retail shop or other service Merchant who has signed a Merchant agreement with Deliverly, or their substitute, and who, as a trader, offers its products and possible delivery or other services for sale through the Deliverly Service.

“Purchase Agreement” means an agreement for the purchase of Merchant’s products and possible delivery or other services made on an Order. With respect to Orders placed through the Deliverly at Work Feature, the Purchase Agreement forms a binding agreement between the Merchant and the Customer Organization. With respect to Orders placed through any other payment method of the User, the Purchase Agreement forms a binding agreement between Merchant and the User.
“Deliverly” means:
Deliverlee- LTD , Beni Berman 2 , Netanya, israel
“Deliverly App” means a digital application called Deliverly provided by Deliverly for natural and legal persons to order products from Deliverly’s Merchants.
“Deliverly Service” means both Deliverly App and Deliverly website Deliverly.co.il and other additional locations as mentioned at Deliverly.co.il.
“User” or “you” means a natural person using the Deliverly Service. The User must be of the age of 18 or older.
Identity of Deliverly
Trade name: “Deliverlee – LTD”,
Email address: [email protected]
*Please note that while the Deliverly Service is legally provided to you by your local Deliverly, the payment service is arranged by Deliverly through a third party payment service provider. This also means that Deliverly is responsible for possible refunds, complaints and other claims related to your transactions in the Deliverly Service. You may thus contact Deliverly directly at the contact details provided above in case of any dispute or claim related to the Deliverly Service.
Information about the identity and products and services of the Merchants are provided in the

 

ordered by User from the Merchant or Deliverly on the Order as set out in these Terms of Service.
When you use the Deliverly Service, there may be a minimun value for purchase required, in which case you will be notified thereof before you make the Order on the Deliverly Service. Where an Order fails to meet the minimun required value, you will have the possibility to pay the difference to meet the minimum value or to add more products to your Order. The Merchant determines in its sole discretion the selection and pricing of their products available on the Deliverly Service. The Merchant may also impose certain restrictions on your Order, such as quantity limits and size limitations of the Order. The Merchant is responsible for informing you of any limitation relating to the availability of any products. User accepts that in case a certain product is temporarily unavailable, the Merchant will fulfill the remaining part of your Order without including the unavailable product in the Order. You will not be charged for products that are unavailable at the time of placing the Order.
“Purchase Agreement” means either one of the following binding agreements, as applicable (i) for the purchase of Merchant’s products and possible delivery services made by an Order placed by a User, no matter any payment method of the User, or (ii) with respect to a Customer Organization, with respect to Orders placed through the Deliverly at Work Feature. Deliverly is a marketplace that facilitates transactions and delivery services by providing a platform on which the User can purchase food products and/or other products and delivery services in relation to food products and/or other products of certain Merchants. When you purchase food products and/or other products from a Merchant, Deliverly facilitates the fulfillment of the purchase on the Deliverly Service.
Please note and take into consideration that any and all information displayed through the Deliverly Service is displayed AS – IS by Deliverly as received by it from the Merchant and is under the complete and sole responsibility of the Merchant. So, If you have allergies or any other dietary restrictions or if you have any question or concern with regard to any matter related to products sold and offered by the Merchant, please contact the relevant Merchant which will provide you with the specific information upon request.
When the User wishes to purchase through the use of the Deliverly Service and the Order is accepted by the Merchant and Deliverly has provided the User with an order confirmation on behalf of the Merchant, the User or the Customer Organization, as the case may be, shall be considered for all purposes to have entered into the Purchase Agreement. Deliverly will provide the User with a receipt that will include payment for the products ordered from the Merchant and payment for the delivery services.
Deliverly shall only be responsible for the transfer of the fees made by the User to the respective Merchant and shall not, under any circumstances, be liable or responsible towards the User for the proper execution of the Order by the Merchant. Both the User and the Merchant each acknowledge and confirm that the Merchant is solely liable for any defects in the contents and preparation of the Order or other shortcomings in the performance of the Order

 
 
 

Deliverly provides a platform on which the User can purchase food and other products or services from the Merchant of their choice as well as possible delivery services either from the Merchant or Deliverly, as applicable.
The Merchant provides the information about their products and possible services in the Deliverly Service, including but not limited to information on product characteristics, allergens and instructions of use. If you have allergies or other dietary restrictions or for other reason wish to receive more detailed information about the products, please contact the relevant Merchant. You can also contact Deliverly’s customer support who can contact the Merchant on your behalf for such enquiries. The Merchant is however responsible for providing accurate, up-to-date and legally required information about the products, including providing information on applicable prices and indicating the price per unit where required under applicable laws. Please note that the sale and purchase of the Merchant’s products and possible services may be subject to additional terms and conditions of the Merchant or Deliverly on a case-by-case basis as set out in the Deliverly Service.
When selecting the Merchant’s products and services that the User wishes to purchase from the Merchant, the User makes a binding order to purchase the products and services from the Merchant on the terms and conditions presented to the User herein and in the Deliverly Service before placing the order (“the Order”). After having received the Order, Deliverly will transmit the details of the Order to the Merchant. When the Order is accepted by the Merchant and Deliverly has provided the User with an order confirmation on behalf of the Merchant, the User or the Customer Organization and the Merchant enter into the Purchase Agreement for the purchase of the Merchant’s products and, if applicable, delivery or other services. In some cases, the Purchase Agreement for the purchase of the delivery service is entered into with Deliverly instead of the Merchant, as reflected on the receipt. Deliverly will provide the User with a receipt on behalf of the Merchant, unless regulation in the country where the User is located requires that the Merchant provides the receipt directly to the User, for the products and, to the extent applicable, for the delivery services.


The Merchant selected by the User will prepare and/or collect and pack the products set out on the Order. Deliverly is not responsible or liable towards the User for the proper execution of the Purchase Agreement by the Merchant. Deliverly is liable for the execution of the delivery services ordered by User from the Merchant or Deliverly on the Order as set out in these Terms of Service.
When you use the Deliverly Service, there may be a minimun value for purchase required, in which case you will be notified thereof before you make the Order on the Deliverly Service. Where an Order fails to meet the minimun required value, you will have the possibility to pay the difference to meet the minimum value or to add more products to your Order. The Merchant determines in its sole discretion the selection and pricing of their products available on the Deliverly Service. The Merchant may also impose certain restrictions on your Order, such as quantity limits and size limitations of the Order. The Merchant is responsible for informing you of any limitation relating to the availability of any products. User accepts that in case a certain product is temporarily unavailable, the Merchant will fulfill the remaining part of your Order without including the unavailable product in the Order. You will not be charged for products that are unavailable at the time of placing the Order.
“Purchase Agreement” means either one of the following binding agreements, as applicable (i) for the purchase of Merchant’s products and possible delivery services made by an Order placed by a User, no matter any payment method of the User, or (ii) with respect to a Customer Organization, with respect to Orders placed through the Deliverly at Work Feature. Deliverly is a marketplace that facilitates transactions and delivery services by providing a platform on which the User can purchase food products and/or other products and delivery services in relation to food products and/or other products of certain Merchants. When you purchase food products and/or other products from a Merchant, Deliverly facilitates the fulfillment of the purchase on the Deliverly Service.
Please note and take into consideration that any and all information displayed through the Deliverly Service is displayed AS – IS by Deliverly as received by it from the Merchant and is under the complete and sole responsibility of the Merchant. So, If you have allergies or any other dietary restrictions or if you have any question or concern with regard to any matter related to products sold and offered by the Merchant, please contact the relevant Merchant which will provide you with the specific information upon request.
When the User wishes to purchase through the use of the Deliverly Service and the Order is accepted by the Merchant and Deliverly has provided the User with an order confirmation on behalf of the Merchant, the User or the Customer Organization, as the case may be, shall be considered for all purposes to have entered into the Purchase Agreement. Deliverly will provide the User with a receipt that will include payment for the products ordered from the Merchant and payment for the delivery services.
Deliverly shall only be responsible for the transfer of the fees made by the User to the respective Merchant and shall not, under any circumstances, be liable or responsible towards the User for the proper execution of the Order by the Merchant. Both the User and the Merchant each acknowledge and confirm that the Merchant is solely liable for any defects in the contents and preparation of the Order or other shortcomings in the performance of the Order

 
  • You cannot withdraw from or cancel an Order for products or services once you have placed it, unless explicitly provided otherwise in these Terms of Service. Prior to placing an Order for a product or service you should carefully review your selection.
  • If you are a consumer, you are entitled to a right of revocation in accordance with the statutory provisions of the country where you are located. Consumer in the sense of these Terms of Service means any natural person who uses the Deliverly Service and places Orders for a purpose which predominantly cannot be attributed to their commercial or their self-employed professional activity.
  • Deliverly follows the limitations of consumers’ statutory cancellation rights as set out in applicable laws, according to which the right of revocation shall not exist for Purchase Agreements concerning certain items, including, but not limited to, the following:
  • products such as foodstuffs which are perishable or which may quickly pass their expiration date,
    • products made to your specifications or clearly personalized,
    • sealed products which are not suitable for return due to health protection or hygiene reasons, if such products were unsealed after the delivery,
    • products which, according to their nature, are inseparably mixed, after delivery, with other items,
    • sealed games, movies or computer software which were unsealed after delivery.
  • You have the right to revoke the Purchase Agreement of products, for which the right of revocation exists, within 14 days from the day of delivery of the products on the Order without giving a reason for the cancellation. In order to exercise your right of revocation, you must inform Deliverly of your decision to cancel by means of a clear statement (e.g., an email or a message sent through Deliverly’s in-app customer service chat) within the said time period of 14 days. The Merchant as the trader of the products on your Order has authorized Deliverly to receive the revocation notification on the Merchant’s behalf. In case the Merchant has chosen to offer a longer cancellation period than 14 days, such a period will apply to Orders made through the Deliverly Service if explicitly mentioned in the descriptive details for the Merchant on the Deliverly Service. If you wish, you can use the below model revocation form for making the revocation notification by filling in the information in the form and sending the information to Deliverly, which information shall also be forwarded by Deliverly to the respective Merchant:
    Model revocation form
    – To: [insert the name of the Merchant, the Merchant’s address and the Merchant’s email address]:
    – Herewith I/we () revoke the agreement concluded with me/us () regarding the purchase of the following goods ()/ the provision of the following services ()
    – Ordered on ()/received on ()
    – Name of the consumer(s)
    – Address of the consumer(s)
    – Signature(s) of the consumer(s) (only in case of notification on paper)
    – Date
    (*) Delete as applicable.
  • If you revoke the Purchase Agreement, Deliverly will refund to you all payments we have received from you, including the delivery fee, no later than 14 days from the date on which we received notice of your revocation of the Purchase Agreement or a part thereof. Note that the delivery fee will not be returned in case of only a partial revocation of your Order.
  • For making the refund, we will use the same means of payment as you used for the original purchase of your Order, unless expressly agreed otherwise with you. Note that if you paid for the Order with Deliverly credits, we shall refund you in Deliverly credits. Deliverly may refuse a refund until the Merchant has received the products back or until you have provided proof that you have returned the products, whichever is earlier.
  • You must return or send the products to the same Merchant in the same location from which you made the Order. The contact details of the Merchant’s point of sale are available on the Deliverly Service. You have to return the products to the Merchant as soon as possible and in any case no later than 14 days after the day on which you notified us of the revocation of the Purchase Agreement. This period is deemed to have been observed if you dispatch the products before the expiry of the period of 14 days.
  • You shall bear the direct costs of returning the products. The returned products have to be in an unused condition and capable of being resold. You shall be liable for any loss in value of the products if such loss in value is due to handling of the products that is not necessary for testing their condition, properties and functionality.
  • Sometimes it may be possible that some of the Merchant’s products that you wish to purchase through the Deliverly Service are temporarily out of stock. For such cases and to the extent the Merchant has enabled substitutions, you may choose, prior to confirming your Order, whether you want to allow the Merchant to substitute a missing item with a similar item. If you have allowed substitutions for a certain or all items in your Order, the Merchant will substitute such missing items in accordance with the following principles: (i) the substitute will be chosen based on what the Merchant considers to be the most appropriate substitute so that it corresponds as much as possible to the quantity, quality and price of the original item in the Order; (ii) substances typically causing allergies shall be carefully taken into account so that for example a lactose-free item is only substituted with a lactose-free item and a gluten-free item is only substituted with a gluten-free item; (iii) diet or light drink is substituted with a diet or light drink; (iv) organic is substituted with organic; and (v) domestically produced is substituted with domestically produced. You will not be charged for any additional fees or costs for a substituted item compared to the price of the original item in your Order. Should the price of the substitute be lower than the price of the original item in your Order, you will be charged the price of the substitute item.
 
 
  • You have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Deliverly Service in the form offered to you by us from time to time solely for the purposes set out herein. The license granted to the User for the iOS Deliverly App downloaded from Apple’s App Store is further limited to a license to use the Deliverly App on any Apple-branded products that the User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service and these Terms of Service.
  •  In order to use the Deliverly Service, the User must create a user account by following the registration instructions in the Deliverly Service. The Deliverly Service credentials are personal (unless otherwise agreed between Deliverly and the Customer Organization). The User shall ensure that any user account credentials and equivalent information required to access the user account of the User or the Customer Organization are kept confidential and used in a secure manner not accessible by third parties. A User may have only one personal user account.
  •  Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Deliverly thereof. The User shall be responsible for any use of the Deliverly Service and any activity under the user account of the User.
  • In order to use the Deliverly Service, you must submit valid credit card or other payment method information to Deliverly. Deliverly does not store information of your payment instrument, as this is done by a third party payment service provider used by Deliverly. You agree to pay for all purchases arising from your use of the Deliverly Service except for purchases made through the Deliverly at Work Feature at the Customer Organization’s cost. You must keep the credit card and other payment information that you have submitted to your user account updated.

PAYMENTS AND DELIVERLY CREDITS AND TOKENS
  • The User, or the Customer Organization in case of Deliverly at Work Account, will pay the purchase price set out in the Order by using the relevant payment functionality of the Deliverly Service. Deliverly, or the Deliverly group company authorized by Deliverly, collects all payments from the Users or the Customer Organizations on behalf of the Merchant. If the Order is made by using the Deliverly at Work Feature, the User confirms the payment on behalf of the Customer Organization through the Deliverly at Work Feature. The User’s or Customer Organization’s payment obligation shall arise upon placing an Order through the Deliverly Service.
  • The User may fulfil this payment obligation only by using the relevant online payment method provided in the Deliverly Service. When the User, or the Customer Organization in case of Deliverly at Work Account, has paid the purchase price to Deliverly, the User or the Customer Organization has fulfilled its payment obligation towards the Merchant.
  • In Israel payments are processed either locally within Israel or arranged by Deliverly through third party payment service providers. In case payments are arranged by Deliverly through third party payment service providers, Deliverly is responsible for possible refunds, complaints and other claims related to your transactions in the Deliverly Service.
    credits and tokens
  • The Users of the Deliverly Service can obtain Deliverly credits or tokens e.g. by inviting new users to sign up to the Deliverly Service. The User can use Deliverly credits and tokens to get a discount on their purchases in the Deliverly Service.
  • Deliverly may unilaterally determine the conditions applicable to the granting, use and validity of the Deliverly credits and tokens.
  • Any signing-up bonus credits or tokens can be used only once.
  • Deliverly credits and tokens cannot be exchanged to cash.
  • The Deliverly credits and tokens will be nullified if Deliverly detects any abuse of Deliverly credits or tokens or suspects or detects that Deliverly credits or tokens have been granted on incorrect grounds. In such cases, Deliverly shall invoice the amount that was paid using such Deliverly credits or tokens.
 
  • If the User orders the delivery of the Order through the Deliverly Service, the Order will be delivered to the location confirmed by the User in the Deliverly Service. The User also has to provide a street address for the confirmed location in the Deliverly Service. If no-contact delivery is applied to your Order, please note that the goods shall be deemd to be delivered when they are left at the door and the courier Merchant marks the Order status as “delivered” on the Deliverly Service after which you bear the risk of the items in the Order.
    The User must be available to receive calls at the phone number the User has submitted to the Deliverly Service. If the phone number provided by the User cannot be reached, the delivery may be cancelled by Deliverly or the Merchant and the User or Customer Organization may be charged for the full price of the Order
  • The User may place an Order to be delivered as soon as possible (standard delivery method) or by pre-ordering a certain delivery time, to the extent these options are available on the Deliverly Service at the time of placing the Order.
  • Standard delivery option: The User must be present at the confirmed location set out in the Order between the time of making the Order until the products set out in the Order have been received. If the User is not available at the location they have confirmed within five minutes of the arrival of the delivery of the ordered products and the User does not respond after two contact attempts by the courier Merchant making the delivery, the delivery may be cancelled by Deliverly or the Merchant and the User or Customer Organization may be charged for the full price of the Order.
  •  “Pre-order” delivery option: the User must be present at the confirmed location between ten minutes prior to the pre-ordered delivery time until the moment of delivery in the Order to receive the Order.
  • Picking up and collecting an Order at the Merchant’s point of sale
  • If the User has not ordered delivery of the Merchant’s products set out in the Order, but the collection at the Merchant’s point of sale, the products can be collected at the point of sale of the Merchant the User has chosen in connection with the Order. The User will receive a separate electronic confirmation when the products are ready for collection. The Merchant or Deliverly may set conditions for the identification of the User when picking up the products set out in the Order.
  • The Merchant shall retain the ordered products for 60 minutes after the Merchant has notified the User that the Order is ready for collection. However, this obligation is limited to the opening hours of the particular Merchant’s point of sale and the Order has to be collected before the closing time of said point of sale of the Merchant.
  •  Eat-in Order
  •  Applicable Law and Dispute Resolution

    • These Terms of Service shall be governed by and construed in accordance with the laws of the country where the User is located.
       If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile.Disputes arising from these Terms of Service shall be resolved by the competent courts of the country where the User is located. 
  • Time estimates
  • Any delivery time or pick-up time or other time estimate communicated to the User by the Merchant or Deliverly in the Deliverly Service are only estimated times. There is no guarantee that the Order will be delivered or available for pick-up or consumption at the estimated time. Delivery times of the products may also be affected by factors such as traffic jams, rush hours and weather conditions.
 
  •  All Intellectual Property Rights in or related to the Deliverly Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Deliverly and/or its affiliates/subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
  • These Terms of Service do not grant the User any Intellectual Property Rights in the Deliverly Service and all rights not expressly granted hereunder are reserved by Deliverly and its subcontractors/licensors.
  • Apple shall not be responsible for any investigation, defense, settlement or discharge of any claim that the iOS Deliverly App or your use of it infringes any third party intellectual property right.
  • User grants to Deliverly a worldwide, royalty-free, sublicensable, and transferable right to use, modify, reproduce, distribute, display and publish any content provided by User in connection with the Deliverly Service. Such content may include photographs, data, information, feedback, suggestions, text, and other materials that are uploaded, posted or otherwise transmitted relating to the Deliverly Service.
  • The Deliverly Service is only available to persons of the age of 18 years or older. You may not register as a User if you do not fulfill this requirement.
  • The User shall observe all applicable rules and regulations when using the Deliverly Service, including the purchase of alcohol and tobacco products. To the extent delivery of alcoholic beverages or tobacco products is available in the country where the User is located, the User may be refused delivery of alcoholic beverages or tobacco products in case the User is unable to provide a valid photo ID to Deliverly’s courier Merchant delivering the Order proving that the User is at least 18 years of age. The User may be refused delivery of alcoholic beverages also in other cases stipulated by laws in the country where the User is located (e.g. if the User is showing signs of intoxication).
  • Deliverly is constantly developing the Deliverly Service and Deliverly may change or remove different parts of the Deliverly Service, including features, the products and Merchants available in the Deliverly Service in part or in whole.
  • By using the Deliverly Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Deliverly generally does not review content provided by the Merchants. Deliverly is not responsible for third parties’ (including the Merchants’) content or information or for any damages arising as a result of the use of or reliance on it.
  •  You or the Customer Organization shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the Deliverly Service and all charges related thereto.
  • The User will not: (i) use or attempt to use another person’s personal Deliverly account and/or access another person’s personal payment data through the Deliverly Service or use another person’s personal payment cards when using the Deliverly Service, without consent of that other person; (ii) copy, modify or create derivative works of the Deliverly Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Deliverly Service or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the Deliverly Service; (v) remove, cover or obscure any advertisement included on the Deliverly Service; (vi) collect, use, copy, or transfer any information obtained from the Deliverly Service without the consent of Deliverly; (vii) use bots or other automated methods to use the Deliverly Service; (viii) create a Deliverly account using a fake identity or an identity of another person; or (ix) access the Deliverly Service except through the interfaces expressly provided by Deliverly, such as the Deliverly App and Deliverly Website.
  • Deliverly is entitled to remove a User from the Deliverly Service with immediate effect and/or refuse or cancel any Orders from a User if: (i) the User abuses the Deliverly Service or causes any harm or detriment to the use of the Deliverly Service or the Merchants or Deliverly or Deliverly’s employees, (ii) Deliverly has reasonable belief of fraudulent acts by the User when using the Deliverly Service, (iii) the User places a false Order (for example by not paying or by not being present on the delivery or collection location in order to receive the Order) or otherwise fails to comply with his obligations arising from these Terms of Service; (iv) there is reasonable doubt about the correctness or authenticity of the Order. If Deliverly cancels an Order that has already been paid for, Deliverly shall transfer that amount into the same user account or Deliverly at Work Account as the one from which the payment was made by the User.
  • The controller of the personal data collected about Users is Deliverly , unless otherwise indicated. Deliverly shall process any personal data collected from the User in accordance with Deliverly Privacy Statement.
  • The User must comply with applicable third party terms of agreement when using the Deliverly App or the Deliverly Service.
  • The User represents and warrants that (i) they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) they are not listed on any U.S. Government list of prohibited or restricted parties.

Term and termination

    • These Terms of Service are in force as a binding agreement between Deliverly and the User until further notice as long as the User is using the Deliverly Service.
    • The User can discontinue the use of the Deliverly Service at any time. Deliverly can discontinue providing the Deliverly Service permanently or temporarily at any time.
 
  • Please note that the Deliverly Service may at any time be interrupted or permanently discontinued. The Deliverly Service may also be temporarily suspended. Do not use the Deliverly Service for backing up any data. While we do our best in providing you our platform and services (including new and/or temporary services such as no-contact deliveries, deliveries with novel technology or deliveries of new product categories) error-free, Deliverly does not promise or guarantee you anything regarding the reliability, functionality, timeliness, quality or suitability of the Deliverly Service, its features or any service offered by Deliverly. Deliverly does not promise or guarantee anything that is not expressly mentioned in these Terms of Service.
  • The Merchant is solely liable for the contents, quality, safety and packaging of their products sold through the Deliverly Service and has a statutory defect liability for their products as set out in the applicable laws. You are responsible for inspecting the products in your Order without undue delay after receiving the Order. If there are any defects or other quality shortcomings in the products of your Order, then you should contact either the customer service of Deliverly, acting on behalf of the Merchant, or the Merchant directly and include a clear description of the defects or shortcomings. Regarding consumer goods, notices of defects should be made within a reasonable time from detecting the defect, however no later than within two months after being detected. Please note that in case of defects in foodstuffs or other products that by their nature spoil or age rapidly, it is crucial that you notify the defect as soon as possible to enable proper investigation and verification of the defect. Please note that Deliverly or the Merchant may ask you to send a picture of the product in question in order to document and verify the defects. In case of a defect or a non-confirmity in the products of your Order, you are entitled to reimbursement in accordance with applicaple laws.
  • The Merchant is solely liable for any defects in the contents and preparation or packaging of the Order or other shortcomings in the performance of the Purchase Agreement. Deliverly is not responsible for the information provided by the Merchant on the Deliverly Service and does not give any warranty on the availability, quality or suitability of the products.
  • When the User who is located in Israel and uses Cibus as the payment method, any potential refunds will be only made in Deliverly credits and not as Cibus allowance.
  •  Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Deliverly App. To the extent that any maintenance or support is required by applicable law, we, not Apple, shall be obligated to furnish any such maintenance or support. To the extent any warranty exists under law that cannot be disclaimed, we, not Apple, shall be solely responsible for such warranty. We, not Apple, are responsible for addressing any claims of the User or any third party relating to the iOS Deliverly App or the User’s possession and/or use of the iOS Deliverly App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Deliverly App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the iOS Deliverly App’s use of the HealthKit and HomeKit frameworks.
 
 

These Terms of Service shall be governed by and construed in accordance with the laws of the country where the User is located.
 If you are a consumer, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile.Disputes arising from these Terms of Service shall be resolved by the competent courts of the country where the User is located. 

 

These User Terms of Service are subject to amendments.
Deliverly shall publish the amended User Terms of Service at the Deliverly Website. Deliverly shall inform the User of any changes that are material by nature on the Deliverly Service or by email to the email address submitted to the Deliverly Service by the User. If the User does not agree to any amended Deliverly Terms of Service, they shall discontinue the use of the Deliverly Service.

  • Deliverly shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to Deliverly Service without the User’s prior consent.
  • The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.