Terms of service
Welcome to Cloudmart!
Here you can find all the terms and conditions that we apply in order to perform our provided services at the highest level of our standards. If you’re here, that means you’re smart enough to read them carefully before using our services.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
* GENERAL SCOPE
1. Cloudmart provides software-based delivery services for goods or products. These terms (Terms of Service) apply when you use the Cloudmart mobile applications or websites (collectively, Services).
By using the Services, you automatically agree to the Terms of Service.
Cloudmart is a platform for facilitating the exchange of services between individuals (User) who are willing to order goods via our partners (Shops) that are willing to collect and deliver the ordered goods.
* REGISTRATION and ORDERING PROCESS
2.2. ORDER PLACEMENT / CONTRACTUAL RELATIONSHIP
By placing an order through the application or the website, the User confirms the accuracy of all the information he/she provides. Orders are confirmed to the User within Service interface. No contractual relationship exists between User and Cloudmart. Cloudmart may decide for any reason whatsoever to not accept an order and to refuse to perform it. User may schedule the order for a selected time, date, week or month as per availability of Service.
2.3. VARIETY LIMITATIONS
The range and prices of products may differ depending on the delivery location.
2.4. VOLUME LIMITATIONS
User might be contacted by Cloudmart to confirm the order in the following cases:
* If the total items in an order exceed 100 items or if an order contains 15 or more same items
* If the order placed requires more than one delivery personnel to be handled by due to volume limitations.
In all cases, Cloudmart reserves the right to limit the delivery quantity for particular products or, if needed, not to deliver a particular product at all as per the availability of the goods.
2.5. AMENDING AND CANCELLING ORDERS
The User may not be able to amend the order once it has been confirmed as per the technical features provided by the Service. A confirmed order is eligible for cancellation for a limited time period until it is disbursed for delivery post to its submission as per the technical specifications of the Service.
2.6. INCOMPLETE ORDER FULFILLMENT / SUBSTITUTION
The primary objective of Cloudmart is to deliver all the products ordered in the right quantity and to a high quality standard. User acknowledges that the products are subject to stock availability and to human errors. Cloudmart reserves the right to amend your order in whole or in part, at any time and without liability or compensation remove any item that is out of stock, damaged, spoiled, or unavailable for any other reason, to successfully complete your order. It’s in our best intention to maintain the replaced item’s price the same as per the brand you ordered but in case of a higher valued replacement, the price may increase. We do our best to ensure that all items shown on our website are available to order. If, however any product you order is out of stock or unavailable we may send you a push notification enabling you to select a substitute. If an item is not delivered, despite being billed, the amount in question will be credited to the User at a reasonable time after Cloudmart becomes aware of this. No subsequent delivery is obligatory to be made, and the customer is not entitled to claim any further compensation. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to the User. Please note that we will attempt to send the User push notification of substitute products in the event that selected products are unavailable, the User may reject these substitutes. Although we will always try to cater for your orders, an order of unusually large quantities of different or one product can only be fulfilled at the discretion of the Shop.
Cloudmart reserves the right to forward a user order to another shop then the one initially selected from the user without informing the user in the event that the initial shop fails to fulfil the order. In this case the new shop the total value of the goods ordered should be the same or lower than the value as per the pricelist of the initial shop. The payment method will remain the same.
3.1. DELIVERY OF GOODS
Goods will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the Shop personal delivery service, by a delivery partner, or by Cloudmart delivery team, depending on the nature of the goods and the delivery location. Goods will be delivered to the front door of private residences (as far as accessible) and to the reception desk of business Users.
3.2. DELIVERY TIMES AND ADHERENCE TO DELIVERY PERIODS
Cloudmart endeavors to deliver products within 24 hours average delivery time location dependent or as scheduled. Cloudmart does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of Cloudmart’s control that may result in early or delayed deliveries. You agree that Cloudmart shall not be liable for any deliveries made outside the expected delivery time frame.
3.3. DELIVERY RECEIPT
The shop holds the responsibility to provide the user with the receipt upon delivery.
3.4. CANCELLATION OF A DELIVERY BY CLOUDMART
If, for reasons beyond Cloudmart’s control - such as an incorrect delivery address, the recipient's absence, lack of an access permit, bad weather conditions, or similar, it should prove impossible or possible only with great difficulty, to carry-out the delivery successfully, Cloudmart is entitled to cancel the User’s order. In this event, the User is not entitled to compensation or pecuniary of in kind, however; in case of online payment, the refund will be initiated by Cloudmart at the soonest possible post the cancellation of the order, it is the responsibility of the bank to transfer the amount to the users account, which takes approximately 3-5 working days.
* PRICES AND PAYMENT
Cloudmart endeavors to provide you with accurate and up-to-date pricing, product availability and promotional information. Discrepancies are possible and you agree not to hold Cloudmart liable in such instances.
All prices are quoted in the country’s local currency where Cloudmart is operating. For the countries where VAT is applicable the prices displayed on the app/website will be VAT inclusive. Where goods may be charged by weight (fruit, meat, cheese, etc.), the basic price per unit applies. The quantity of such goods actually delivered, and therefore the price charged, may differ from the quantity originally ordered. For pre-packed and price-labelled fresh products, the applicable price is the one in force when the order is prepared. Cloudmart reserve the right to change prices as to update them at any moment.
4.2. PAYMENT METHODS / CREDIT WORTHINESS
You can choose from the following ways of paying on delivery, depending on the products, the means of dispatch and as per technical availability:
* Online payment
* We accept payments online using Visa, MasterCard, Apple Pay, Stc Pay, Mada and Tabby or debit card.
* If you make a payment for our products or services on our website or application, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
* The cardholder must retain a copy of transaction records and Merchant policies and rules.
The User can select which payment method is preferred. The payment methods available are displayed for selection when the order is finalized.
In the event that you have paid for an order with Apple Pay, Samsung Pay or another wallet and such payment fails to process, you authorise Cloudmart to charge the order in any authorised credit card you may have on our platform.
* PRODUCT DECLARATION
5.1. PRODUCT INFORMATION
We take care to update the product information in the Service regularly. In rare cases, the information may deviate from the details printed on the product packaging. In such an instance, the information on the packaging takes precedence. Because recipes may change anytime, we recommend that you regularly consult the ingredients list and allergy-related information on the packaging.
* GUARANTEE of DATA COMMUNICATION
6. Given the current state of the technology, no guarantee can be given that data communication via the internet will be error-free and/or available at all times. Cloudmart therefore accepts no liability in respect of the constant, uninterrupted availability of the online shop, nor for technical and electronic faults during sales transaction, in particular for any delay in processing or accepting orders.
* DISCOUNTS, PRIVILEGES & VOUCHERS
7. SPECIAL OFFERS
The User accepts that offers available from Cloudmart often differ from those available from Shop sales channels.
* CUSTOMER SERVICE & COMPLAINTS
8. Cloudmart Customer Service provides information regarding any questions, issues or complaints related to the Cloudmart service. Users may contact Cloudmart via e-mail (email@example.com) , drop a message through the app or call the customer service line (920010951). Missing items must be reported immediately on reception of the Goods, otherwise Goods are considered to have been accepted by User as being in perfect condition. Latent defects must be reported to Cloudmart customer Service immediately after they come to light, although in these cases there are limitations of error acknowledgement.
* GENERAL TERMS
9.1. DATA PROTECTION
Data collected are treated as confidential and in good faith. When registration is made, your data is collected for business and marketing purposes in the form of personal information such as last name, first name, address, email address and phone number. In addition to data explicitly entered, information is gathered automatically from the log files when you access the Services interface. Cloudmart makes a distinction between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). For statistical purposes, this data is anonymously assessed. Cloudmart may share the address, phone number, and other required info with partner supermarkets for fulfillment of orders or to have CRM systems aligned.
YOU AGREE THAT NEITHER CLOUDMART NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY SHOP. NEITHER CLOUDMART NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY Shop. IN THE EVENT YOU HAVE A DISPUTE WITH ANY Shop, YOU HEREBY RELEASE CLOUDMART AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
9.3. SHOP LICENSE/ SUBMISSIONS
USE OF THE SUPPORT IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE APPLICATIONS AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SUPPORT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CLOUDMART MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SUPPORT OR THE CONTENT OF ANY SOFTWARE APPLICATIONS LINKED TO THE CLOUDMART SOFTWARE APPLICATIONS. CLOUDMART ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CLOUDMART SOFTWARE APPLICATIONS OR THE SUPPORT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CLOUDMART'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THEREIN.CLOUDMART DOES NOT WARRANT THAT THE SOFTWARE APPLICATIONS WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE APPLICATIONS AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SOFTWARE APPLICATIONS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CLOUDMART SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. CLOUDMART, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CLOUDMART MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. CLOUDMART AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
9.5. LIMITATION OF LIABILITY
YOU AGREE THAT CLOUDMART SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SUPPORT; (II) THE LIABILITY OR FITNESS OF ANY CUSTOMER (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE SOFTWARE APPLICATIONS OR YOUR LINKS TO OTHER SOFTWARE APPLICATIONS FROM THIS SOFTWARE APPLICATIONS, EVEN IF CLOUDMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT CLOUDMART SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL CLOUDMART'S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO CLOUDMART HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
No waiver of any rights or remedies by Cloudmart shall be effective unless made in writing and signed by an authorized representative of Cloudmart. A failure by Cloudmart to exercise or enforce any rights conferred upon us by Terms of Service shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
You agree to defend, indemnify and hold harmless Cloudmart and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Software Applications or from any breach by you of Terms of Service, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. Cloudmart shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
At its sole discretion, Cloudmart may modify or discontinue Service, or may modify, suspend or terminate your access to Service or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to Service or the Support, Cloudmart reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, your Account will remain enforceable against you. You may terminate Account at any time, however Cloudmart do not guarantee its termination due to technical availability. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of Account.
9.9. GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law. This Agreement and your use of the Services of Cloudmart are governed by and construed in accordance with the applicable laws in the country where the User is located at the time of ordering or using the Services of Cloudmart
Without regards to its conflict of laws principles, If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, or if any provision of this Agreement violates any applicable laws and regulations of any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If any dispute of any kind arises between the Parties in connection with this Agreement, the Parties shall seek to resolve any such dispute by mutual consultation and in an amicable way.
If the Parties fail to resolve such dispute by mutual consultation or in an amicable way within sixty (60) days from the date of notification of one Party to the other of the existence of such dispute, the dispute shall be submitted to the exclusive jurisdiction of the competent Courts of the country where the User is located at the time of ordering or using the Services of Cloudmart (excluding Free Zone courts).
The foregoing provisions of this clause are without prejudice to the right of Cloudmart to seek interim relief at any time from any court of competent jurisdiction and Cloudmart shall not be deemed to have breached this clause. This “Dispute Resolution” section will survive any termination of this Agreement.
9.11. NO AGENCY
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
9.12. CHANGES TO THE AGREEMENT
Cloudmart reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Software Applications or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Contact us If you have any comments or questions, please do not hesitate to reach out to us at firstname.lastname@example.org.