Before using the services provided by Keeta via its proprietary website, mobile application, etc. (Collectively, the “Platform”), you should read carefully these Keeta User Service Terms and Conditions ("Terms"), and other terms and conditions, product- or service-specific rules released by Keeta (Collectively, the "Service Rules"). All the Service Rules are an integral part of and have the same legal force as these Terms. By accessing and using the Platform, you confirm that you have read, understood, and accepted these Terms, including any Service Rules referenced herein or shown on the Platform. If you do not agree with or are unwilling to abide by these Terms, please do not continue to use/access the Platform.
The parties to these Terms are KEETA DB DELIVERY SERVICES L.L.C, with registered address Office No. 801-1, 8th Floor, The H Hotel Complex Building, Trade Centre First, Dubai, the United Arab Emirates (“UAE”) , and license No. 1508450 (“Keeta”, “we” or “us”) and the user (“User” or “you“) of services available on the Platform. These Terms are the terms of service between you and Keeta for you to use the various services available on the Platform.
The Platform may be used by natural persons who have reached the legal age of twenty-one (21) years for using Platform and/or purchasing goods and corporate legal entities (e.g., companies).
You acknowledge and warrant that you have reached the age of twenty-one (21) years and have the competence to conclude a legally binding contract. If you are below the legal age of twenty-one (21) years, you may use/access the Platform only with the consent of your parents or legal guardians, who shall accept these Terms and agree to take responsibility for your actions and pay any charges related to your use of the Platform and/or purchase of goods. If you do not have consent from your parents or legal guardians, you must stop using/accessing the Platform immediately. Keeta will not be responsible for any issues, damages, or liabilities arising from the use of the Platform by individuals under the legal age of twenty-one (21) years, even if consent from a parent or legal guardian has been provided.
To the maximum extent permitted by applicable laws, Keeta may amend these Terms (including the Service Rules) from time to time. All amendments made to these Terms will be announced and posted on the Platform, so that you are notified of, and may promptly view and get familiar with such amendments. Please read these Terms regularly. Keeta will notify you of any material changes to these Terms via email or a prominent notice on the Platform separately. Your continued use of the Platform after we issue an update announcement or notice constitutes your consent to be bound by the Terms, as amended.
For any questions or clarifications on these Terms, you may reach out to our customer service personnel via the email “ service_customer.uae@keetainc.com ” or the in-app “Customer Service Center” function.
Keeta is a technology company which provides a Platform for Users to obtain certain types of services. Services on the Platform may be supplied by Keeta or a third-party provider. Where the services are provided by a third-party provider, such third-party provider shall be solely responsible for such services, while Keeta’s role is merely to link the User with such third-party provider, and Keeta is not responsible for any acts and/or omissions of any third-party provider and will therefore not engage any liability for any acts/or omissions thereof. You acknowledge and understand that the third-party provider is not an agent, employee, or staff of Keeta; therefore, the services provided by third-party providers shall not be deemed to be provided by Keeta.
Keeta provides an online marketplace for you and vendors (“Merchants”) so that you may directly purchase various goods (“Goods”) from the Merchants via the Platform. When you place an order for Goods (“Order”) to a Merchant, Keeta acts as your agent and as a technology service provider for such Merchant to facilitate, process, and conclude the Order. The delivery service for your Order is then provided and operated by Keeta through a third-party service provider, (“Courier”) or by the Merchants (in which case such orders are defined as “Merchant Delivery Orders”). You acknowledge and understand that the third-party service provider is not an agent, employee, or staff member of Keeta; therefore, the services provided by third-party service providers shall not be deemed to be provided by Keeta.
3.1 Registration of Account
3.1.1 Before using the Platform,you must register and create a Keeta account. When creating and registering your Keeta account, you will be required to provide your personal information, including your full name, age, mobile number and other information requested from you on the registration page (if applicable).
3.1.2 You are responsible for providing true, complete, and accurate information when registering for a Keeta account, and you shall bear the relevant legal liabilities or adverse consequences that are caused by unlawful, untrue, incomplete, inaccurate, or out-of-date information you provided.
3.2 Use of Account
3.2.1 (Applicable when Keeta provides an account password to log in to the Platform) You can log in to the Platform by using the account password that is filled in by you and verified by the system during account registration. Your unique password should not be shared with anyone and you agree to maintain the secrecy of it at all times. While you are responsible for keeping your password confidential, Keeta will implement robust security measures to protect your account data as required by the applicable laws and regulations.
3.2.2 In principle, Keeta allows you to use only one Keeta User account except for special circumstances accepted by Keeta, such as business integration. If there is evidence indicating that, or Keeta reasonably considers that, you have improperly registered or used multiple Keeta accounts, Keeta may combine relevant account information or take other reasonable measures. You are responsible for making corresponding indemnification in the event of losses caused by your unjustified registration or use to Keeta and relevant parties in accordance with Clause 12 (Indemnity).
3.3 Save for cases of fraud, abuse, or security breached which are not your fault, you shall be responsible for all the consequences of actions conducted under your account, including but not limited to online agreements, browsing, purchasing, paying, commenting, filling in, uploading, or posting any content. If you detect a security problem with your account, please contact Keeta immediately. Keeta will investigate and address security issues promptly in compliance with applicable laws. To the maximum extent permitted by applicable laws, Keeta shall not be liable for the occurrence or expansion of any potential losses if you fail to report a security problem promptly.
3.4 You may reach out to our customer service personnel to delete your Keeta account when all the conditions for account deletion below are met. The conditions are: a) there are no uncompleted Orders in the account; b) the wallet balance is 0 (if applicable); c) any other conditions specified on the Platform. You acknowledge and agree that, subject to legal provisions, we may restrict, suspend or terminate your permissions for browsing the Platform and/or for using your Keeta account if we reasonably believe that:
3.4.1 someone other than you, and potentially without your permission/authorization, is using your Keeta account; or
3.4.2 you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms or any Service Rules, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platform.
4.1 You acknowledge and warrant that when using the services provided by Keeta, you shall comply with applicable law and shall not engage in any conduct that is illegal or prohibited by the Platform. Keeta reserves the right to investigate and take appropriate legal action against anyone who, in Keeta’s sole discretion, engages in any conduct prohibited by the Platform. The conduct prohibited by the Platform includes but is not limited to:
4.1.1 producing, posting, duplicating, viewing, disseminating and storing any content that: violates laws and regulations; disseminates obscenity, pornography, gambling, violence, brutality or terror, endangers the safety of others, or instigates crimes; fabricates or spreads rumours, insults, defames, threatens, harasses, abuses or slanders others, or infringes the privacy and other legitimate rights and interests of others; promotes discrimination or harassment based on race, gender, marital status, pregnancy, family position, religion, nationality, disability, sexual orientation or age; promotes terrorism or extremism; violates local customs and habits; is contrary to public interest, public morality, public order, national security, Islamic morality or any prohibited matter according to any laws, regulations or policies applicable in the UAE, depicts any dangerous, life-threatening or otherwise risky behaviour; constitutes cyber-bullying or “junk mail” as determined by Keeta in its sole discretion; or contains any other content prohibited by laws and regulations;
4.1.2 engaging in the following conduct that is harmful to the security of the computer information network: cracking, destructing, deleting, modifying or adding network services and relevant software and hardware facilities; deleting, modifying or adding the data stored or transferred in the computer information network or the application; stealing the password or hacking into the computer system of others by using software, hardware or other means; intentionally making or spreading computer virus or other destructive programs; or engaging in other activities that are detrimental to the security of the computer information network;
4.1.3 posting any content that infringes the intellectual property rights, trade secrets or any other rights of any person;
4.1.4 spreading advertising information without permission, using false comments or other improper means to help others improve their ratings, or threatening or blackmailing other Users or Merchants by taking advantage of the commenting right (applicable when Users’ comments are enabled on the Platform);
4.1.5 taking advantage of Keeta’s Platform or relevant services to conduct illegal or criminal activities, establish a website or communication group intended for carrying out fraud, teaching others how to commit a crime, making or selling prohibited and controlled items, or engaging in other illegal or criminal activities, or post such information;
4.1.6 without the prior written permit of Keeta, by yourself or by authorizing or assisting any third party, developing, supporting or using software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape and copy the data and any content displayed on the Platform;
4.1.7 fabricating transactions to claim compensation from Keeta or Merchant or disturb the orderly operation of the Platform;
4.1.8 harassing or threatening Keeta or any person (including but not limited to Users, Merchants and Couriers) on the Platform to disturb the normal operation thereof;
4.1.9 assisting Merchants or Couriers in falsifying Orders or other conduct that disturbs the normal order of transactions;
4.1.10 obtaining Vouchers by any fraudulent, dishonest or other cheating means, or abusing other promotion campaigns organized by Keeta;
4.1.11 posting content by impersonating another person, or allowing any other person or entity to use your identification for posting or viewing comments;
4.1.12 engaging in any other conduct that restricts or inhibits others from using the Platform, or which, in the sole discretion of Keeta, exposes Keeta, its Users and Merchants or any other parties to any liability or detriment of any type; or
4.1.13 encouraging other people to engage in any prohibited conduct as described herein.
4.2 You acknowledge and understand that if Keeta reasonably suspects or discovers the foregoing conduct prohibited by the Platform, Keeta reserves the right but is not obligated to take any or all of the following measures:
4.2.1 investigating whether any content posted on the Platform complies with the Terms and determining in its sole discretion to remove or request the removal of such content depending on the circumstances;
4.2.2 suspending or terminating a User’s access to the Platform or such User’s Keeta account upon any breach of these Terms;
4.2.3 monitoring, editing or disclosing any content on the Platform.
4.3 Keeta will report any conduct that involved unauthorized access, data breaches, or other cybercrimes to the relevant authorities and affected individuals in compliance with the applicable laws. Users are also encouraged to report any suspicious activity or breaches to Keeta immediately.
5.1 When browsing information about takeaway goods/services on the Platform, you should read carefully all the content contained in the information about takeaway goods/services, including but not limited to the name, type, quantity, quality, price, estimated delivery time of the takeaway goods/services, Merchant address, business hours and delivery method; you should click “Confirm” (or “Order”, “Next step” or buttons of a similar function, the same as below) only if you have read carefully, understood and fully accept all the content contained in the information about takeaway goods/services.
5.2 Some Merchants may set a minimum order value, which will be displayed on the Platform, if applicable.
5.3 Submitting and Confirming an Order
5.3.1 You will be directed to the Order details page (“Order Details”, the specific content and title of which may vary with the webpage or client version, and may be different at different times) after clicking “Confirm”. You should read carefully all the content contained in such Order Details, including but not limited to all the content in such Order information, the validity period of the takeaway goods/services under such Order that is displayed to draw you attention again, and conditions for claiming refunds (if applicable), and choose and confirm the purchase quantity, price, total payment amount, address for receiving the Goods, delivery time, etc. All the content contained in such Order Details constitutes the contractual content of the takeaway contract between the User and the Merchant; you should submit the Order only if you fully agree with all the content in the Order Details. Once the Merchant confirms to accept the Order, it indicates that the takeaway contract between you and the Merchant comes into existence.
5.3.2 Keeta specially reminds you that: Before submitting an Order, you should click to confirm the Order and make payment only after reading and confirming all the content in the Order Details one more time, and your submission of the Order indicates that you have acknowledged, agreed to and accepted all the content in the Order Details. Once an Order is accepted, all the content contained in the Order Details will be deemed as the content of the takeaway contract, including but not limited to the name, type, quantity, quality, price, validity period, Merchant address, business hours and delivery time of the takeaway goods/services; you and the Merchant should perform your respective rights and obligations pursuant to such takeaway contract.
5.4 Cancelling an Order and Refunds
5.4.1 If an Order has not yet been accepted by the Merchant, you can directly cancel the Order and request refund on the Order page by using the “Cancel Order” function. If you wish to cancel an Order after the Order is accepted by the Merchant, you acknowledge, understand and agree that the Merchant may not agree with you to cancel the Order on the ground that the Merchant has started preparing the Goods or due to other reasonable reasons; in such case, you do not have the right to cancel or reject the delivery of such Order.
5.4.2 After the Order is accepted by the Merchant and within 24 hours following the completion of such Order, you can request refund on the Order page by using the “Refund Request” function and choose the reason for refund as prompted on the Platform. You will be directed to the refund procedure if the Merchant agrees to make refund; or you may request the customer service personnel of the Platform to get involved if the Merchant refuses to make refund. When processing any of your refund requests, we may require you to provide additional information or supporting documents, including picture proof of the Goods under the Order. Prior to processing your refund, we may take into account relevant factors including the details of the Order, your account history, what happened on delivery and information from the Merchants. Please refer to refund policies in “Customer Service Center” section on the Platform for further details.
5.4.3 Upon cancellation of the Order and/or Refund Request, you can receive the refund in your Keeta Wallet. You may choose to have the refund returned to the original payment method used for the Order. If you do not make such election within fifteen (15) days of the refund being credited to your Keeta Wallet, you shall be deemed to have accepted the refund being retained as Wallet credits. Refunds returned to the original payment method require some time to be processed by the financial institution or payment service provider (as applicable). To the maximum extent permitted by applicable law, Keeta is not liable for any delay in processing refunds that is outside of its control.
5.5 The comments you post on the Platform (if applicable) should be relevant to your Order and the content should be true; if the Merchant reasonably believes that your comments are untrue, irrelevant to the Order, or suspected of negative comments from competing Merchants, the Merchant has the right to appeal to the Platform, and if the Platform determines that the Merchant's appeal is true, your comment may be deleted.
5.6 If you have a complaint/dispute in relation to any Order you have made, please contact Keeta's customer service personnel via the email “ service_customer.uae@keetainc.com ” or the in-app “Customer Service Center” function. Any complaint/dispute must be submitted 24 hours after the Order occurs. Keeta reserves the right but is not obligated to investigate and seek information regarding the circumstances of each complaint/dispute it receives and to determine the most appropriate course of action. Please look after your card and account. Keeta is not responsible if your card and/or account is lost, stolen, or used without your permission caused by your own reasons.
5.7 While every effort is made to ensure that accurate pricing and descriptions are maintained, Keeta has the right to cancel any Order that is based on untrue or inaccurate information. In addition, to the maximum extent permitted by applicable law, Keeta has the right to cancel any Order and/or restrict, suspend or terminate your Keeta account in its sole discretion if it reasonably suspects or discovers fraudulent behaviour related to your Keeta account and/or with your Order. Keeta reserves the right to take further adequate actions and bring the action to relevant authorities.
6.1 Composition of Prices
6.1.1 To the maximum extent permitted by applicable law, the prices and delivery fees for Goods on the page may change while you are browsing. Prices can also change at any time at the discretion of the Merchant. A breakdown of the final prices and additional charges will be displayed before you make payment. When you make the payment for and place an Order, you agree to all prices, taxes (if applicable), additional charges (if any) and the final “Total” amount which is displayed to you. Once you place an Order and the Merchant accepts it, the prices and fees for that Order will not change.
6.1.2 Delivery fees are chargeable on every Order unless: (i) you choose to pick up your Order directly from the Merchant (“Pick-up”) (applicable when Keeta provides and the Merchant chooses to enable the Pick-up mode); (ii) you use a relevant promotional or discount Voucher at payment; (iii) the Merchants decide to provide certain discounts and/or subsidies for Merchant Delivery Orders; (iv) the Platform has a promotion campaign and/or special offers to reduce or exempt the delivery fees for delivery service provided by Courier, under which additional terms and conditions may apply to such promotion campaign and/or special offers; or otherwise stated.
6.2 Payment Methods
6.2.1 You can choose to pay for an Order using debit card or credit card, Apple Pay, wallet balance or any other payment method available on the Platform. Keeta has the right to provide other payment methods and/or delete existing payment methods at any time in its sole discretion and to the maximum extent permitted by applicable law. In order to provide secure payments, we use independent payment service providers (the third parties) in our checkout. You can use wallet balance along with any other payment method available on the Platform to make payments.
6.2.2 When you make a payment, you will choose a payment method and be asked to provide some usual data during the payment process, such as name, bank account information, contact information and other data related to the payment method, for the account or a third party. Accordingly, you must ensure the accuracy, comprehensiveness and validity of the data provided during the payment process and choose the payment method, and follow up on updating it from time to time.
6.2.3 If you want to add a new payment method, you must do so before placing your Order. By selecting a particular payment method, you acknowledge that you are agreeing to the terms and conditions imposed by the third-party payment service provider of your selected payment method. These terms will be provided to you during the payment method setup process. Keeta will disclose any fees imposed by the third-party payment service provider. This includes any bank fees or other charges that may apply. You further agree that you will bear the cost of any fees imposed by such third party in connection with your selected payment method. These fees will be itemized and disclosed before you complete your Order.
6.2.4 You have the discretion to use your valid Vouchers (if applicable) when paying for an Order. When using the Vouchers, you need to comply with Keeta's provisions on the Vouchers and Promotional Campaigns.
6.3 Keeta Wallet
6.3.1 Keeta Wallet is an electronic wallet associated with your account that allows you to make online purchases and payments with available credits in it. Keeta Wallet can be credited through refunds, compensations, rewards and other credits instructed by the Platform. Wallet credits are redeemable against an eligible Order. Wallet credits cannot be redeemed for cash or cash equivalent.
6.3.2 Wallet credits added by the Platform may be subject to time limits and expire within a specific period of time. Upon expiration, wallet credits will be removed from User's account. Expired wallet credits are no longer redeemable and cannot be used towards any Order.
6.4 Tax Invoice
6.4.1 Keeta will provide you with the tax invoice of the delivery fees (except for Merchant Delivery Orders) and any other applicable fees from the Platform and the invoice will be displayed on the Platform. Merchants shall provide you with a tax invoice for your Order and the delivery fees for Merchant Delivery Orders.
6.4.2 For UAE VAT purposes, Keeta acts solely as a disclosed agent of the Merchant. VAT obligations on supplies of goods or services rendered by the Merchants rest with the Merchant as the principal supplier. Each Merchant shall remain solely responsible for its VAT obligations on supplies made to Users, while Keeta shall remain responsible for VAT on its service fees.
6.5 Courier Tips
6.5.1 When you place an Order on the Platform, you may choose whether or not to pay tips (“Courier Tips”) to the delivery Courier who delivers the Order to you. If applicable, any Courier Tips will be collected by Keeta using the payment method used for the original Order and your Courier will receive full amount of any Courier Tips once the delivery is completed.
6.5.2 For Orders cancelled before delivery, Keeta will process a refund of the Courier Tips you paid. Courier Tips you paid are non-refundable once the Order has been delivered by the Courier.
6.5.3 Keeta operates solely as a payment collection platform for Courier Tips, and does not retain or benefit from these payments.
7.1 Keeta may run promotional campaigns from time to time, which may make available vouchers, promotional/referral codes, special offers, discounts, and any other promotional offers to be used and/or to be redeemed for certain benefits related to the Goods and/or services on the Platform (“Vouchers”). Holders of Vouchers should use their Vouchers during the validity period pursuant to the rules and terms displayed on the Platform. In certain cases, Vouchers may be used only once.
7.2 In certain cases, Vouchers cannot be used in conjunction with other promotions, discounts or other Vouchers. Specific terms and conditions may apply to Vouchers. Users agree that Vouchers (i) must be used for the intended purpose, and in a lawful manner; (ii) must not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Keeta; (iii) may only be used pursuant to the specific term and conditions that Keeta establishes for such Vouchers; and (iv) may expire prior to your use. Keeta reserves the right to withhold or deduct benefits obtained through the use of Vouchers by Users in the event that Keeta determines or believes that the use or redemption of the Vouchers was in error, fraudulent, illegal, or in violation of the applicable Vouchers terms or these Terms.
7.3 Keeta specially reminds you that: some of the Vouchers (including but not limited to new user welcome vouchers) are only valid for new customers who have never placed an Order on Keeta before, that is, customers whose mobile phone number, mobile device, e-mail and Keeta account are all being certified by Keeta as new customers. In addition, some of the above-mentioned Vouchers (including but not limited to new user welcome vouchers) have a validity period. For more details, please refer to the“Account – Vouchers”section on the Platform; if the Vouchers have expired, you can check it in the“Past Voucher(s)”section on the Platform.
7.4 Unless otherwise stated, Vouchers can be used only on our Platform.
7.5 Vouchers can neither be exchanged for cash nor be refunded with change.
7.6 Keeta reserves the right to cancel, discontinue or reject any Vouchers and/or adjust, suspend or terminate any promotional campaign at any time due to force majeure events and for any other reasonable causes, including but not limited to ,natural disasters, hacker attacks, system failures, or change of applicable laws or other request from the relevant authorities. Keeta will not hold any responsibility in relation to cancel, discontinue or reject any Vouchers and/or adjust, suspend or terminate any promotional campaign.
7.7 Keeta may, based on its reasonable opinion, add or exclude certain Merchants from the use of Vouchers from time to time.
7.8 Keeta Card
7.8.1 Keeta offers "Keeta Card" service (the “Keeta Card”) with a periodical subscription. When a Keeta Card is activated, the User enjoys a range of benefits which may include, without limitation: a) free delivery for all orders from named Merchants available through the Platform subject to certain conditions, i.e. a minimum order amount, distance, combination of both or any other conditions set by the Platform; b) any other benefits specified on the Platform. Keeta reserves the right to amend the Keeta Card’s benefits at its sole discretion.
7.8.2 Keeta Card can be used and activated for a specific subscription fee shown on the Platform, and the subscription fee is paid in advance through the available payment methods on the Platform from the subscription start date. The User may elect to either renew the subscription to the Keeta Card automatically, or cancel the automatic re-subscription from the activation date of the Keeta Card. Keeta reserves the right to change the subscription fee from time to time. Under certain conditions, Keeta may offer certain Users various trial or other promotional Keeta Card service, in which a subscription fee may not be payable or will be payable by Keeta and the activation validity period of the Keeta Card will be determined at Keeta’s own discretion.
7.8.3 Unless otherwise stated, Keeta Card can be used only on our Platform. Keeta Card can neither be exchanged for cash nor be refunded with change. Keeta reserves the right to terminate, suspend or otherwise limit the use of the Keeta Card if we reasonably believe that the use of the same is unauthorized, fraudulent or otherwise unlawful.
7.8.4 Keeta shall not be liable to any person (including you) and/or be liable to offer replacement of any Keeta Card, cash or otherwise compensate any person (including you) for expired, invalid, discontinued or canceled Keeta Card; improper use of any Keeta Card; or the inability to use the Keeta Card due to technical issues which are outside of Keeta’s reasonable control.
8.1 Delivery Time
Except for Merchant Delivery Orders, Keeta is responsible for coordinating corresponding resources to facilitate the delivery of the Goods on your Order to the delivery address provided by you when placing the Order. You acknowledge, understand and agree that: the “expected delivery time” is an estimated time reference calculated by the system in comprehensive consideration of the distance from the Merchant, the time required to prepare the goods/services ready, and other factors, while the actual delivery time may vary with the weather, Order volumes and multiple external factors. While Keeta shall use its reasonable endeavours to ensure that deliveries are made as promptly as possible, you acknowledge and agree that the expected delivery time does not constitute a binding commitment by Keeta, and that the actual delivery time may vary due to external factors. Once the order is placed, you acknowledge that to ensure that you receive the delivery of the Goods on your Order, you should be present at the delivery address to collect the Goods yourself or arrange to have someone else present at the delivery address to collect the Order on your behalf.
8.2 Delivery Area
You acknowledge, understand and agree that Merchants will offer their Goods only within their respective delivery areas. Delivery coverage areas and routes may change depending on weather and traffic conditions or other force majeure events, if any. If you try to place an Order to a location outside a covered delivery area, the Platform will notify you.
You understand that any Order that you place shall be subject to the serviceability of the delivery address on the part of the Couriers. The Couriers will use reasonable endeavors to follow your delivery instructions (if any). However, if your delivery instructions are not feasible, possible or commercially reasonable, the Couriers are entitled to complete the Order in accordance with the Platform’s standard operating procedures. For delivery addresses which may limit the access of the Courier (such as hospital, military areas, hotel, university etc.), Keeta shall be entitled, at its sole discretion, to impose additional conditions, such as requiring you provide an appropriate or sufficient access to deliver the Order successfully; alternatively you may negotiate with the Courier to find a suitable or secure location to leave the Order. If you have not provided the Courier with sufficient access to deliver the Order successfully due to a failure on your part to provide adequate and sufficient access, you will bear the responsibility for failure to deliver your Order. In this case, Keeta shall not have an obligation to replace or refund the Order, while you will be solely responsible for the fees and losses associated with such failed delivery.
8.3 Within ten (10) minutes from the time the ordered Goods arrive at your delivery address, if the Courier and/or the customer service personnel of Keeta could not reach you using the contact information you provided us or you fail to collect the Order, and the Courier was unable to find a safe location to leave the Goods, Keeta shall have the right to dispose of the Goods at its discretion and shall consider the Goods as having been duly delivered. In this case, Keeta shall not have an obligations to replace or refund the Order, and you will be solely responsible for the fees and losses associated with such Goods and failed collection.
8.4 Upon receipt of your Order, if you discover that there is problem with your Order (e.g., wrong Order, defective goods, or missing items) not due to your fault, please contact Keeta’s customer service personnel immediately. In some cases, the Platform may request for picture proof to investigate the problem with your Order. If we determine that the Order and/or Goods you received do not comply with their description or are not of satisfactory condition or quality, we will reimburse you for your Order, in whole or in part.
8.5 You agree that you are solely responsible for the accuracy of the delivery address, and Keeta shall have no liability or responsibility for any incorrect, incomplete or inaccurate address or information. If you want to change the delivery address after you have placed the Order, please contact the customer service personnel. You understand and agree that you may not be able to change the address, if the Courier has been dispatched, and the new address is not within the same area as the address you originally provided or any other reasonable reasons; in such case, you do not have the right to cancel or reject the delivery of the Order. You also understand that if the change of address results in a large difference in delivery distance, the delivery fee may be adjusted accordingly.
8.6 For the avoidance of doubt, the provisions of Clause 8 shall not apply to Merchant Delivery Orders, which shall be governed by the respective Merchants’ terms and conditions.
9.1 You understand and acknowledge that, unless otherwise stated in writing, the intellectual property rights (including but not limited to the patent rights, copyrights, trademark rights and trade secrets) to the following information and content are owned by and/or licensed to Keeta and/or its affiliates:
9.1.1 the content and information (including but not limited to software, technologies, programs, webpages, text, pictures, images, maps, icons, audio, video, tables, layouts, electronic documents, and data information) provided by Keeta in relevant services;
9.1.2 the infrastructure and Platform (including but not limited to software, websites and applications) used by Keeta for providing the content and information above;
9.1.3 the trademarks, business images, business marks, know-hows, slogans, texts, etc. used by Keeta when providing relevant services;
9.1.4 all the data and information generated during the development, operation, maintenance, etc. of Keeta’s Platform services.
9.2 Keeta’s rights above and the intellectual property rights to any content for providing services are subject to protection by law, and Keeta will actively enforce its intellectual property rights to the maximum extent permitted by law. You may not use, copy, reverse engineer, reproduce, republish, upload, post, transmit, distribute, or modify such information and content in any way without the prior written consent of Keeta. Keeta neither warrants nor represents that your use of materials displayed on the Platform will not infringe the rights of third parties. Keeta will not hold any responsibility in relation to the use of any materials on the Platform, which is done at your own risk.
9.3 The Platform may allow you and other Users to create, post, use, share and Merchant content, including situations you suggest, principles you create, dots, ratings or comments you provide, your test and assessment responses, comments, videos, messages, photos, preferences you express or other materials (including feedback) you share with us or other Users when using the Platform (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and us.
9.4 You grant Keeta, the Merchants, our partners and the respective affiliates a non-exclusive, royalty-free, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, publicly perform, display, create derivative works from, and distribute your User Content or incorporate such User Content into any form, medium, or technology now known or later developed in accordance with these Terms and the applicable data protection laws, without compensation to you, in perpetuity or for the entire duration of protection provided by the applicable law. Depending on your account settings and the options you select, when you post or otherwise share User Content on or through the Platform, you understand that some or all of your User Content and personal information (including your name, username, profile photo and other account information) may be visible to others.
9.5 You represent and warrant to us that: (a) you have all necessary rights in the User Content to make it available through the Platform and grant the license rights in these Terms; and (b) our use of User Content as permitted by these Terms will not violate any rights, including intellectual property rights of, or cause injury to, any third party.
9.6 You shall remain solely responsible for the User Content.
10.1 Disclaimer
You acknowledge, understand and agree that the content on the Platform is provided “as is” and “as available”. While Keeta has made all reasonable efforts to keep the Platform the content thereon updated, Keeta does not guarantee the accuracy, completeness or truthfulness of any content on the Platform. Use of the Platform and the content thereon is at your own risk.
10.2 You understand and agree that, to the extent permitted by law, Keeta shall not be liable for the suspension or termination of or impact on the services caused by the following:
10.2.1 destruction caused by computer virus, trojan horse, other malicious programs or hack attacks that cannot be controlled, reasonably foreseen or avoided by Keeta;
10.2.2 restrictions, delays and other problems inherent in the use of the Internet and electronic communication;
10.2.3 the devices (including mobile phones, computer software, systems, hardware, and communication lines) used by Users or the third-party provider being faulty, not connected, out of range, switched off or not functioning;
10.2.4 misoperation conducted by Users;
10.2.5 use of the services by the User in a manner not authorized by Keeta;
10.2.6 changes in applicable laws, regulations, policies or guidelines that impact the provision of the services from Keeta in a way that the continued performance of the services by Keeta would cause Keeta to be in breach of any applicable laws, regulations, policies, and/or guidelines;
10.2.7 other circumstances (including but not limited to the actions or omissions of communication and electricity providers or third parties) that cannot be controlled, reasonably foreseen or avoided by Keeta.
10.3 Third-party Links and Websites
10.3.1 Keeta reminds you that the Platform may contain links to the websites of third parties. These links are provided for your convenience and information only. Keeta does not control, endorse the content of these third-party websites and is not responsible for any content, services, or products offered on or through such sites. Accessing and using these third-party links is done at your own risks.
10.3.2 While Keeta strives to provide links to reputable websites, Keeta is not liable for any loss or damage which may be suffered by you in relation to your access to and use of these third-party websites or links and/or any content of these linked pages. This includes but is not limited to any loss or damage caused by viruses, malware, or other harmful code encountered through third-party links and websites.
10.3.3 By using third-party links on our Platform you acknowledge and agree that Keeta is not responsible for examining or evaluating the content or accuracy of any third-party websites. You should review the privacy policies and terms of service of any third-party websites you visit to understand your rights and responsibilities.
10.4 Limitation of Liabilities
10.4.1 To the maximum extent permitted by applicable law, Keeta (including its employees, directors, agents, representatives, affiliates, the same below) exclude all liabilities to the maximum extent permissible under applicable laws, for loss or damage which you or any third party may incur in connection with our Platform, our services, and any website linked to our Platform and any content or material posted on it. Your remedy with respect to the losses and damage caused by your use of the Platform is to discontinue your use of the Platform. Keeta shall not be held liable for any (a) indirect, incidental, special, consequential, punitive and exemplary losses; (b) lost sales, businesses or profits; (c) loss of anticipated savings; (d) loss of goodwill; (e) loss, destruction or inaccuracy of data or information, even if Keeta has been advised of the possibility of such damage.
Merchants are solely responsible for the preparation, condition and quality of goods sold to you. In cases of Merchant Delivery Orders , Merchants are responsible for delivery of the goods and/or Orders. Keeta shall not be responsible or liable for any loss, damage, expense, cost or fees arising from your contractual relationship with the Merchants.
The limitations and disclaimer provisions in these Terms do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable laws. Unless otherwise stated, and to the maximum extent permitted by law, any claims against Keeta by you shall be limited to the total amounts actually paid by and/or due from you in using the service during the event giving rise to such claims.
10.4.2 Keeta shall not be a party to any dispute between you and the Courier or service provider (including Merchants, advertisers, sponsors and/or any other third party). Your use of the Platform and any content, goods or services accessed or obtained thereby is at your sole discretion and you shall bear all the consequences. You expressly waive and release Keeta from all liabilities, claims, causes of action or damages arising from your use of the Platform or in any way associated with third parties, including Merchants, Couriers, advertisers and/or sponsors introduced to you by the Platform.
Keeta shall not be responsible for the quantity, quality, state or other conditions of the Goods and/or services offered by third-party providers (including delivery service provided and operated by Merchant Delivery Orders), nor warrant the truthfulness, accuracy, completeness or non-infringement of third-party rights of the information (including menu information, pictures and images) shown on the menu/Goods page posted on the Platform.
Keeta does not sell and is not involved in any way in the preparation, or production of any food provided by the Merchants. All Merchants must comply with applicable laws, rules, regulations, and standards pertaining to preparation, processing, storage and delivery, sale, marketing, and safety of the Goods. Keeta reserves the right to remove any Merchant not complying with these standards. Merchants are responsible for the preparation, conditions and quality of Goods. It is important for Users to understand that Keeta does not in any way independently verify the quality, credentials, representations or the Goods of Merchants, the ingredients or the quality of their Goods, or that a Merchant is in compliance with applicable laws and regulations pertaining to food processing as the Merchant is solely liable for such responsibility. Thus, Keeta does not in any way guarantee the quality of any Goods or that any Goods complies with the applicable laws and regulations, and does not guarantee the description of the Goods displayed on the Platform will match what is actually delivered to the Users. Users must make themselves reliable through information provided by Merchants on the Platform or as requested directly from the Merchants as to the quality and reliability of the Merchants, as well as to their compliance with applicable laws and regulations. Keeta shall not be liable for any loss or damage arising from your contractual relationship with the Merchant. Where applicable, Keeta processes the receipt and payment of relevant amounts as an agent of the Merchant; however, Keeta does not owe to you a duty of care or any fiduciary duties.
In addition, Merchant may represent that goods and services preparation is in accordance with special standards such as "organic", "macrobiotic" or allergen-specific standards such as "nut-free", "gluten-free", or "lactose-free". However, Keeta does not have an obligation to provide ingredient information or allergen information on the Platform. Further, Keeta does not guarantee that the Goods sold by the Merchants are free of allergens, unless otherwise required by applicable laws. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Merchant before placing an Order on our Platform, as Keeta does not independently investigate or verify such representations.
Keeta and the Merchants (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Keeta and/or the Merchants reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Keeta nor the Merchants shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
Keeta shall not be liable or responsible for any Goods and/or services offered by Merchants that is unhealthy, is the cause of injury, that are otherwise unacceptable to Users or that does not meet the expectation of Users in any manner.
Nothing in these Terms shall exclude third-party provider’s liability for death or personal injury arising from their gross negligence or wilful misconduct, or any other liabilities that cannot be excluded or limited under applicable laws.
To the maximum extent permitted by applicable law, you agree to indemnify and hold Keeta and its directors, officers, employees, representatives, agents and affiliates harmless from any and all claims, liabilities, damages and/or expenses (including but not limited to legal costs) arising out of or in connection with:
12.1 your use of the Platform or services and/or Goods obtained through the Platform;
12.2 your breach or violation of any of these Terms;
12.3 your violation of any applicable laws; or
12.4 your violation of the rights of any third party, including Merchants, Couriers, advertisers and/or sponsors introduced to you by the Platform.
You agree and consent to Keeta and any of its affiliates collecting, using, storing, transferring, and processing your personal data for purposes mentioned in these Terms and primarily described in the Privacy Policy. All data processing activities will comply with the applicable data protection laws and regulations, ensuring your data is handled securely and lawfully. You can access our Privacy Policy on the Platform or on our official website.
14.1 Keeta has the right to terminate, suspend or remove your account and access to the Platform by giving you reasonable notice for any reasonable reasons, including but not limited to: Keeta in its sole discretion consider that your use of the Platform is not reasonably acceptable, or your breach of these Terms. Keeta may (but is not obligated to) send you a warning by way of notice before terminating your permission for using the Platform.
14.2 Keeta may amend these Terms from time to time to reflect changes in services, policies, or for other operational, legal, or regulatory reasons. Amendments will be effective upon posting on the Platform. However, for material changes, Keeta will provide reasonable notice to you before the changes take effect. This notice may be provided via email or through a prominent notice on the Platform. Your continued access or use of the Platform after the effective date of such amendments constitutes your consent to be bound by the Terms as amended. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform immediately. It is your responsibility to review the Terms regularly. Keeta will make reasonable efforts to notify you of material changes, but you should periodically review the Terms to stay informed of any amendments.
14.3 The parties acknowledge and agree that a court order shall not be required to give effect to any termination of these Terms, or stop the access and use of the Application, in accordance with the Terms.
15.1 These Terms and any dispute arising out of or in connection with these Terms, including the effectiveness, interpretation and termination hereof, shall be governed by the laws of the UAE.
15.2 Any dispute, controversy, difference or claim arising out of or in connection with these Terms, including the existence, validity, interpretation, performance, breach or termination of these Terms, or any non-contractual dispute arising out of or in connection with these Terms, shall be referred to and finally resolved by arbitration administered by the Dubai International Arbitration Centre (DIAC) in accordance with its Arbitration Rules in force when the Notice of Arbitration is submitted, which rules are deemed to be incorporated by reference into this Clause 15.2. The seat of arbitration shall be Dubai, UAE. The arbitration hearings shall take place in Dubai, UAE. The tribunal shall consist of one (1) arbitrator. The language of arbitration proceedings shall be English. The award of the arbitrator shall be final and binding on the parties. Each of the parties hereby agrees that:
15.2.1 it will not challenge any arbitral award made pursuant to arbitration proceedings conducted in accordance with Clause 15.2 in any court and it will submit to the jurisdiction of that court for the purposes of those enforcement proceedings; and
15.2.2 it will not object to or challenge any application to enforce any arbitral award made pursuant to arbitration proceedings conducted in accordance with Clause 15.2 in any court and it will submit to the jurisdiction of that court for the purposes of those enforcement proceedings.
15.3 nothing in these Terms prevents or prohibits either party from seeking urgent interim relief in any court of competent jurisdiction, including pre-arbitral attachments, temporary restraining orders, temporary injunctions, permanent injunctions and/or orders of specific performance, as may appear reasonably necessary to preserve the rights of either party. The application by either party to a judicial authority for such measures shall not be deemed to be an infringement or a waiver of the arbitration agreement and shall not affect the relevant powers reserved to the arbitrator pursuant to Clause 15.2.
16.1 Any nullified, invalid or unenforceable provision in these Terms for any reason shall be deemed as severable, and shall not affect the validity and enforceability of any remaining provisions. If any provision of these Terms is held to be invalid or unenforceable but would be valid or enforceable if some parts of the provision were deleted, the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.
16.2 Without the prior written consent of Keeta, you shall not transfer or assign, or attempt to transfer or assign, any rights or obligations under these Terms to a third party. Keeta has the right to transfer or assign any rights or obligations under these Terms (i) to its affiliates, or (ii) upon sale of all or substantially all the equity interests, assets or businesses of Keeta.
16.3 Unless otherwise specifically provided in these Terms, no failure or delay by any Party in exercising any right shall constitute any waiver of such right; no single or partial exercise of any right shall prevent the exercise of any other rights, or further exercise of such right or any other rights. The rights provided under these Terms are cumulative without precluding any other rights (statutory or otherwise). No express waiver of any breach of these Terms shall be considered as a waiver of any subsequent breach.
16.4 These Terms are made in English, Arabic and Chinese.
16.5 A party means a party to these Terms and includes its successors and permitted assigns. Time shall be construed by reference to the Gregorian calendar.