Terms and Conditions

Written on March 17, 2019

Updated on: July 28, 2020

These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Munchies (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms. The Platforms may be used by natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein. Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately. Munchies reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.

1 Use of the Platforms and Munchies Account

1.1 You will need to register for a Munchies account for you to use the Platform. When you register for a Munchies account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Munchies account are your sole responsibility.

1.2 Munchies shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.

If you wish to delete your Munchies account, please send us an email requesting the same. We may restrict, suspend or terminate your Munchies account and/or use of the Platforms, if we reasonably believe that:

1.2.1 someone other than you is using your Munchies account; or

1.2.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

2 Intellectual Property

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Munchies and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Munchies trademarks on any other website not approved by us is strictly prohibited. Munchies will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Munchies neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Munchies. Use of any materials on the Platforms is at your own risk.

3 Orders

3.1 When you place an Order with Munchies, Munchies will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).

3.2 Minimum Order Value - Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.

To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “CONFIRM ORDER”. An Order is successfully placed when you receive onscreen notificaiton containing your Order receipt from us.

3.3 Cancelling an Order:

3.3.1 Please contact us immediately via our in-app customer support if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided rider has not yet accepted your Order.

3.4 Refunds:

(i) Online Payment Orders

You have the right to a refund for a cancelled Order only if a rider has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the rider, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.

(ii) Cash-on-Delivery Orders

You have the right to cancel your Order only if a rider has not picked up your order from shop. Should you still decide to cancel your Order after it has been picked up by rider, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders. Munchies reserves the right to cancel any Order and/or suspend, deactivate or terminate your Munchies account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Munchies account and/or with your Order.

4 Prices and Payments

4.1 The way we display the prices of our Goods may vary , and the prices reflected on our Platforms may:

4.1.1 include GST, VAT or such other equivalent tax; or

4.1.2 exclude GST, VAT or such other equivalent tax.

A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.

4.2 Our payment partners: Visa, Mastercard, ;

4.3 Cash-on-Delivery; or

4.4 Such other payment method we offer from time to time.

4.5 If you have existing credit in your Munchies account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.

4.6 After an Order is successfully placed, you will receive notification from us with your Order receipt.

5 Payment Methods

5.1 Munchies reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. Munchies does not store your credit card or payment information.

5.2 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, Munchies takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

6 Delivery, Pick-Up and Vendor Delivery

6.1 Delivery Areas

You understand that we offer our Goods in specific delivery areas and our delivery charges vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the products that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.

6.2 Delivery Time

6.2.1 Munchies shall deliver your Order to the delivery address provided by You.. An estimated delivery time will be provided to you in your notification but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.

6.3 Unsuccessful or Failed Deliveries

6.3.1 In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

(i) No one was present or available to receive the Order; or

(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or

(iii) lack of appropriate or sufficient access to deliver the Order successfully;

(iv) lack of a suitable or secure location to leave the Order; or

6.4 No-show Cancellations

6.4.1 If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Munchies reserves the right to cancel the Order without refund or remedy to you.

6.5 Wrong Order, Missing Items, Defective Goods

6.5.1 Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 3.3.1 above immediately. In some cases, Munchies may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

8 Vouchers, Discounts and Promotions

8.1 From time to time, Munchies may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

8.2 Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.

8.3 Unless otherwise stated, Vouchers can only be used on our Platforms.

8.4 Vouchers cannot be exchanged for cash.

8.5 Munchies reserves the right to void, discontinue or reject the use of any Voucher without prior notice Individual restaurants terms & conditions apply

9 Representations, Warranties and Limitation of Liabilities

9.1 Representations and Warranties

You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While Munchies makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

9.2 Limitation of Liability

To the extent permitted by law, Munchies (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Munchies entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Munchies entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Munchies, the Munchies entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.

10 Personal Data (Personal Information) Protection

You agree and consent to Munchies and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described below

10.1 The user of the application specifically represents and warrants as well give his/her consent that:

(a) Any personal data including, without limitation, sensitive personal data relating to consumers (‘Personal Data’), collected by or on behalf of Munchies either directly from the users may be used for the following purposes:

(i) compliance with legal, regulatory and corporate governance requirements and good practice;

(ii) ensuring Unilever business policies are adhered to;

(iii) operational reasons, such as recording transactions, training and quality control;

(iv) marketing purposes and consumer insights; or

10.2) The User by accepting terms & conditions is given all legally required consent to use the Personal Data for the Purposes;

10.3) The User understands that Munchies may share any Personal Data within the Unilever group of companies or with other third parties or law enforcement agencies or regulatory bodies as required by law (“Sharing the Personal Data”);

10.4) The User further understands that sharing the Personal Data may result in the Personal Data being transferred internationally to other countries around the world, including those without data protection laws for the Purposes stated above.

10.5) Munchies will not be held liable if any unauthorised, unlawful or dishonest conduct or activities is done by its employees, contractors, subcontractors, agents, representatives or other third parties which may lead to a potential or actual breach of any applicable data protection laws or and regulations

11 Indemnity

You agree to indemnify, defend, hold harmless Munchies , its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.

12 Termination

Munchies has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Munchies, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Munchies may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

13 Amendments

Munchies may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.

14 Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

15 Governing Law

These Terms shall be governed and construed in accordance with the laws of the country / courts of jurisdiction of Pakistan.

16 Contact Us

If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support chat feature