Terms of Service("Agreement")

© 2020 Carriage Logistics General Trading Co. All rights reserved.

TERMS AND CONDITIONS OF USE 

Welcome to trycarriage.com website and our applications (each our "Services"). This page (together with the documents referred to on it) tells you the terms and conditions on which our partners supply any of their Products (the "Products") listed on our site to you. Please read these terms and conditions carefully before ordering any Products from our site. By using our site and placing an order you agreed to be bound by these terms and conditions and our terms of use policy.

If you have any questions relating to these terms and conditions, please contact info@trycarriage.com before you place an order. If you do not accept these terms and conditions in full please do not use our Services.

  1. INFORMATION ABOUT US
  2. Trycarriage.com is a website operated by Carriage Logistics General Trading Company and its affiliates ("we" or "us" or "Carriage"), incorporated and registered in the State of Kuwait, whose registered office is at 17th floor, Mazaya Tower 1, Block 3, Khaled Ibn Alwaleed St., Mirqab, Kuwait City. Our business license No. 3358/2015. Carriage is a business where products prepared or offered by a variety of independent businesses (our "Partners") and promoted and delivered by us, or in some cases, by our Partners themselves.

  3. ACCESSING OUR SERVICES
  4. Access to our Site and to our Services is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Services without notice (see below). We will not be liable if, for any reason, our Site or our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our Services, or our entire Site or Services to users who have registered with us. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact info@trycarriage.com straight away to let us know.

  5. ACCEPTABLE USE
  6. You may use our Services only for lawful purposes. You may not use our Site or our Services in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Services or any network or equipment used in the provision of our Services.

  7. INTERACTIVE FEATURES OF OUR SITE
  8. We may from time to time provide certain features which allow you to interact through our Site or our Services such as chat rooms. Generally, we do not moderate any interactive Services we provide although we may remove content in contravention of these Terms of Use. If we do decide to moderate an interactive Services, we will make this clear before you use the Services and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

  9. OUR SITE AND SERVICES CHANGE REGULARLY
  10. We aim to update our Site and our Services regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Services, or close them indefinitely. Any of the material on our Site or our Services may be out of date at any given time, and we are under no obligation to update such material.

  11. CONTENT STANDARDS
  12. These content standards apply to any and all material which you contribute to our Services (the "Contributions"), and to any interactive Services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with the applicable local law. Please refer to the Governing Law and Jurisdiction Clause for more details. Contributions must not:

    • contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability or age;
    • infringe any copyright, database right or trademark of any other person;
    • be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidentiality or promote any illegal activity;
    • be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
    • be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
    • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  13. SUSPENSION AND TERMINATION
  14. Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

    • immediate, temporary or permanent withdrawal of your right to use our Services;
    • immediate, temporary or permanent removal of any posting or material uploaded by you to our Services;
    • issuing of a warning to you;
    • legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
    • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

    The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

  15. SERVICES AVAILABILITY
  16. Carriage offers an ordering and delivery Services from our partners throughout MENA. Each Partner has a prescribed delivery area. This is to ensure that their Products reach the recipient when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. Operating hours will vary depending on local trading conditions and the availability of our Partner. Our aim is to provide the best delivery Services possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your order is delivered by the time specified in the email and webpage. The timing of your order is determined by considering the number of orders and the circumstances being faced by the Partner at that time. Delivery time that is showing in the Partner’s store logo interface as AVG 47 min for example, it means the average time, it is not a fixed time for the delivery, it would be more or less depending on partners and the traffic conditions. On the other hand, the expected delivery time is not fixed time it can be less or more by 15 minutes.

  17. ORDERS
  18. When you place an order through our Services, an email thanking you for your order and confirming your order has been received and accepted by the Partner (the "Confirmation Email") will be sent to you by us on behalf of the Partner. The contract for the supply of any Product you order through us will be between you and the Partner, and will only be formed when you have been sent a Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your order arrives to the correct location. If you do not open the door or respond to telephonic correspondence within 5 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Product. Carriage seeks to provide a quality Services and will be the first contact in the event there is a problem with your order. We do monitor our Partners very closely and it is of utmost importance to us that they comply with our standards and help us maintain our reputation. Please let us know if you have any comments relating to our Partner or in respect of the orders by emailing or calling our Customer Services in your respective country.

  19. CANCELLATION
  20. You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. A Partner will classify a bad order as any order which is cancelled after product has been used to start preparing the order (a "Started Order"). Customers can cancel an order by contacting the Partner. Carriage and the Partner may cancel any order and will tell you once we cancel an order and will tell you the reason of cancellation. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Carriage or a Partner will usually be reimbursed using the same method you used to pay for your order and if the payment was not cash, the refund will be within Seven working days. Any order cancelled after it becomes a Started Order will be charged to you. Carriage alone will determine whether an order is a Started Order or not.

  21. PRICE AND PAYMENT
  22. The price of any orders will be listed on our Services. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the orders listed on our Services may be incorrectly priced. The relevant Partner will normally verify prices as part of the order process. Payment for all orders can be made by cash on delivery or credit or debit card through our Services. Once your order has been confirmed your credit or debit card will have been authorized and the amount marked for payment. Payment is made directly to Carriage and is subsequently passed on by Carriage to the Partner. We are authorized by our Partner to accept payment on their behalf and payment of the price of any Product to us will discharge your obligations to pay such price to the Partner store.

  23. SERVICE FEE
  24. Carriage is an intermediary between the customer and the Partner, not a restaurant to under the regulations of the Ministry of Commerce. We are charging customers for providing a Services, please be aware that the fee may be increased or decreased at any time.

  25. REFUNDS
  26. Carriage takes customer satisfaction very seriously. If there are problems with your food order, please contact Carriage through our live chat, and we will assist you. If you have already been billed by Carriage, Carriage will issue full or partial refunds, as deemed appropriate and determined solely by Carriage. Any refund will either be made in cash or as a credit on the Carriage application, however, if you paid by credit card and wish to have the credit refunded to your card, please notify us immediately of your request. Credits provided on the Carriage application will expire within fourteen (14) days of the date on which the credit is issued.

  27. COUPONS
    • All coupons are one-time use only.
    • Applicable for All restaurants (unless otherwise stated)
    • Coupon amount does not include delivery charge (unless otherwise stated)
    • Not redeemable for cash or credit.
    • Cancelled orders paid with coupons cannot be redeemed for credit or cash
    • Only one code can be used per order.
    • Minimum order for free delivery coupon is 1 KWD OR THE EQUIVALENT IN THE LOCAL CURRENCY, or as Carriage sees appropriate, please be aware that this may be changed or cancelled at any time.
    • Coupon validity is limited and differs for each coupon.
    • Coupon codes cannot be redeemed against sale items.
    • If a user did not redeem full amount of the coupon, same coupon cannot be used again to redeem remaining amount.
    • Carriage reserves the right to cancel or modify any order, or revoke the use of Coupons for any reason, including due to: Suspicious or fraudulent purchasing activity or coupon use; coupon abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or coupon used in bad faith (including resold Vouchers )
  28. PAYMENT DATA POLICY
  29. If as a Debit Card user, you select to save your Debit Card user data, your data will be cached locally on your device. You have the option to accept or decline to save your data in this manner. Whenever you update your data, your cached data will be updated automatically. At any time, you can disable this feature and remove your data through your profile settings. Where you have selected to save your data as specified above, such selection is entirely at your own risk and you irrevocably waive any rights you may have under any laws regulations or otherwise, now or in the future to make any claims, demands or take any legal actions against us, our employees, agents, affiliates, or contractors (together the “Releases”) in connection to your data including (without limitation) any claims demands or actions for any accessing, theft, processing or tampering with the data. You also agree to hold harmless and indemnify each and every one of the Releasees from and against any claims of whatsoever nature and howsoever arising, including legal expenses and costs, which may be made now or in the future against them by you and/or any other party, in connection with any of the matters recited above.

  30. INTELLECTUAL PROPERTY RIGHTS
  31. We are the owners of or the licensee of all intellectual property rights in our Site and our Services, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

  32. RELIANCE ON INFORMATION POSTED
  33. Commentary and other materials posted on our Services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Services, or by anyone who may be informed of any of its contents.

  34. OUR LIABILITY
  35. To the extent permitted by law, Carriage provides our Services and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Services, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Carriage nor any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services. In the event that Carriage or the Partner is found to be liable to you our total aggregate liability is limited to the purchase price of the Product you have paid for in your order. This does not include or limit in any way Carriage’s or any Partner’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation. There are some partners where Carriage's role and responsibility is solely acting as an intermediary between the customer and the products in exchange only for the delivery fee, without any liability to the entity of origin as it relates to the delivery. Carriage is only an intermediary and it’s not responsible for the preparation of the items. The Partner may offer an alternative for any Product they cannot provide you with. Please call our Partner Restaurant prior to ordering if you have an allergy. Carriage cannot guarantee that any of the Meals sold by our Partners are free of allergens.

  36. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND USE OF OUR SERVICES
  37. We collect certain data about you as a result of you using our Services. This is described in more detail in our privacy policy.

  38. UPLOADING MATERIAL TO OUR SITE AND OUR SERVICES
  39. Any material you upload to our Services or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free license to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

  40. LINKS FROM OUR SITE
  41. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  42. GOVERNING LAW AND JURISDICTION
  43. Any claims (including non-contractual dispute or claims) arising from, or relating to, the use of this site or our Services shall be governed by and construed in accordance with the applicable local law of the country in which the claim has arisen, and the local courts of that country shall have exclusive jurisdiction. For example, if the claim arises in Kuwait then the laws of Kuwait apply, and the Courts of Kuwait shall have exclusive jurisdiction.

  44. FORCE MAJEURE
  45. No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

  46. SEVERABILITY
  47. If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

  48. ENTIRE AGREEMENT
  49. These terms contain the whole agreement between the parties relating to its subject matter and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter.

  50. VARIATIONS
  51. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

  52. YOUR CONCERNS
  53. If you have any concerns about material which appears on our Services, info@trycarriage.com.

TIER TWO RESTAURANT'S POLICY

Tier Two are the Partners who have the blue logo in the Partners interface, these are the Partners who deliver their own Product by themselves, they have their own drivers, so the Partner will take the full responsibility about the orders, So here in Carriage we only follow up with these Partners in different cases.

DEBIT CARD PAYMENT CUSTOMER IS NOT REACHABLE

In this special case when the driver reaches to the customer on time without any delays, the driver calls the customer many times, Customer care agents will also try to call but customer is unreachable in this case the driver will wait for 10 minutes from arrival at customer, If the customer is still unreachable the product will be returned back to the store and it will be as a delivered order (Normal order), no refund for the customer as it is his/her mistake.


Subscription (Carriage Black – Terms and Conditions)

In addition to the general Carriage Terms and Conditions, these Terms and Conditions also apply to you if you subscribe to Carriage Black.

1. Black

  • What is it?
    Carriage Black is a subscription program that allows users to subscribe (on a monthly basis) to receive free delivery from some Carriage clients. Clients with blue logos on their profile picture are not included in the additional benefits nor does Free Delivery apply to Partners that fulfill their own deliveries (marked with a blue icon) orders through our Services.

  • Tiers

    • Lite: includes 5 free deliveries on all categories; no additional benefits
    • Black Flex: includes 10 free deliveries on Restaurants and Groceries; unlimited free delivery on all other categories; exclusive discounts on selected items and stores on Carriage app
    • Unlimited: unlimited free delivery on all categories; exclusive discounts on selected items and stores on Carriage app

  • Benefits
    Subscribers to Carriage Black will receive free delivery on orders placed through our Services across all categories listed on the app (Restaurants, Flowers, Supplements, Groceries, Cosmetics and Perfumes, Pharmacies, Pet Supplies and Electronics) that deliver through Carriage’s cars, in all operating countries.

2. Eligible Users

  • To qualify as an Eligible User for a Carriage Black subscription, you must meet the following criteria both at the time you sign up for a Carriage Black account and at all times during your Carriage Black subscription, you must:

    • Be 18 years of age or over
    • Be located in MENA; and to be notified of the services
    • Have a valid and active Carriage account; sign up to Carriage Black on your personal account.
    • Agree to not share your Carriage account to any other user and not share your Carriage account details with any third party at any time during your Carriage Black subscription
    • Have a valid credit or debit card that is not already used to pay for a different Carriage Black account saved on your profile through our Services (see Section 6 of these terms “Payment Method” for more details).

If you do not meet these criteria, you will not be eligible for a Carriage Black subscription. You will be deemed to be in violation of the terms set out in this paragraph if, at any time during your Carriage Black subscription, you do not comply with any of the above criteria. If Carriage becomes aware that you are in violation of the terms set out in this paragraph, Carriage may (in its sole discretion) immediately suspend or terminate your Carriage Black subscription (along with any other steps Carriage is entitled to take in accordance with the Terms and Conditions of Services for your Carriage account). If it has been determined by Carriage that you do not comply with the above criteria, but you believe that you do, you should contact the Customer Services Team by emailing  
info@trycarriage.com

3. To Register

  • Eligible Users can sign up for Carriage Black through our Services by:

    • Either logging online under the “My Account” section of your profile, from your order basket or after you have placed an order through our Services, where you will see the promotion prompt “Get it Free” next to the delivery fee;.
    • Tapping the promotion prompt to receive details (including pricing details) about Carriage Black; and
    • Following the link from the Carriage Black landing page.

4. Carriage Black Fees

  • Eligible Users can subscribe to Carriage Black for an upfront monthly fee per calendar month (“Carriage Black Fee”).
  • If you have been offered a free period, you will not be charged the applicable Carriage Black Fee for the first calendar month from the date you initially sign-up (“Free Period”). After the Free Period ends, a Carriage Black Fee will be charged automatically for the remainder of your Carriage Black Subscription Period in accordance with the terms and conditions set out in the “Payment and Billing” section below.
  • If you cancel your Carriage Black subscription at any time in the future, any future subscription to Carriage Black that uses the same Carriage account, phone number, or credit card associated with your first Carriage Black subscription will not be entitled to receive an additional Free Period.
  • You acknowledge and agree that Carriage may vary the Carriage Black Fee and/or vary or abolish the Free Period. Any increase to your Carriage Black Fee or any change to the Free Period will be notified to you by e-mail or other notice (such as when you log into your Carriage account).
  • Upgrade from existing plan: in the case you have finished the free delivery allotment in Lite or Flex and would like to upgrade, you will only pay the difference between the plans based on the number of days left till your renewal date.
  • Downgrade plan: in case you have not finished the free delivery allotment in Flex or would like to downgrade from unlimited, your existing plan will be cancelled and you will be opted to subscribe to the new plan and your billing cycle to be calculated on the day of payment for another 30 days.

5. Carriage Black Subscription Period

  • Your Carriage Black subscription period ('Carriage Black Subscription Period') is one calendar month in length and will automatically renew each calendar month until your Carriage Black membership is cancelled (by you) or terminated (by us) in accordance with these terms and conditions. Your first Carriage Black Subscription Period will start on the day you sign up.

6. Payment And Billing

  • Payment Method:
    Payment for Carriage Black must be made by a credit on your profile through our Services ("Payment Method"). If you have multiple payment methods on your profile, when you sign up, you will be notified as to which Payment Method will be charged with the applicable Carriage Black Fee.

  • Editing/Changing Payment Method:
    You may edit/change your Payment Method by logging into either the Carriage Website or App and selecting “My Account” and then “Carriage Black”. You cannot delete a Payment Method associated with your Carriage Black account, unless you replace it with another Payment Method. To do this, you must first add a new Payment Method to your Carriage account and then replace the existing Payment Method associated with your Carriage Black account with the new Payment Method. Alternatively, you can cancel your Carriage Black subscription and following such cancellation you will be able to delete your Payment Method. If you added the Payment Method to your account when you signed up to Carriage, it will be automatically removed when you cancel.

  • Failed Payment:
    If payment of the applicable Carriage Black Fee is not successfully settled, due to the expiration of your Payment Method, insufficient funds or otherwise, and you do not edit the Payment Method information within 24 hours of being notified of a failed payment, or you cancel your account in accordance with these terms and conditions, Carriage will cancel your Carriage Black subscription effective immediately and you will no longer receive the Carriage Black Services.
    If we cannot charge you, we reserve the right, but are not obligated, to terminate your access to our Services or any portion of it.

  • Recurring Billing:
    By starting Carriage Black, you authorize us to charge you for a recurring monthly Carriage Black Fee at the current applicable rate within 24 hours of the first day of each Carriage Black Subscription Period, provided that you will not be charged any amounts for the provision of the Carriage Black Services during the Free Period, or if you cancel within the Cooling-Off Period set out below. You acknowledge that any Carriage Black Fee billed to you may vary for reasons that may include differing amounts due to promotional offers and you authorize us to charge your Payment Method for varying amounts.

  • Billing of your First Carriage Black Fee:
    Your first Carriage Black Fee will be charged on the Start Date.

  • Refunds:
    Carriage Black Fees are non-refundable, once the payment has been placed, you will not be able to refund it, and will be entitled to the entire month of Services from (“Start date”).

  • Price Changes:
    We reserve the right to adjust pricing of your Carriage Black membership at any time. In case of any price change in the future, your subscription will be terminated at the end of your subscription period and you can re-subscribe to Carriage BLACK with the new pricing.

7. Managing Your Carriage Black Account

  • All information relating to your Carriage Black membership will be contained in the “My Account” section of your profile under “Carriage Black”. From here, you will be able to view the remaining time on your Free Period, cancel your Carriage Black membership and update your Payment Method.

8. Cancellation

  • Cancellation of Carriage Black: You may cancel your Carriage Black subscription at any time. Following cancellation, you will continue to receive the Carriage Black Services for the duration of your current Carriage Black Subscription Period. If you cancel a free subscription, the Carriage Black benefits will cease immediately.

  • Exercising Your Right to Cancel: To exercise the right to cancel under this section, you must inform our Customer Support Team by email (at info@trycarriage.com ) of your decision to cancel your Carriage Black membership with a clearly written statement.

  • Accidental Cancellation: If you accidentally unsubscribe your Carriage Black membership during your subscription period and wish to continue with it, a re-subscribe button will appear which will allow you to continue using your subscription.

9. Termination Or Modification

    You agree that Carriage, at its sole discretion, may terminate, deactivate and/or suspend any account (or part thereof). Carriage may also discontinue, modify or alter any aspect, feature or policy of the Services, including the Carriage Black Services itself, at any time without prior notice or consent.

10. Free / Limited Time Trial Offers

  • Offers Availability: From time to time, we may offer a no payment, fixed period, of our Carriage Black membership. Terms and Conditions shall apply for each offer. At the end of the period, you shall be required to pay the Carriage Black Fees. If you do not want to automatically pay the Carriage Black Fee you must cancel your subscription. You can cancel the offer at any time before the expiry of the period

  • Eligibility: We reserve the right, in our absolute discretion, to determine your eligibility for the and to limit your use of the offer. In order to participate in the offer, you will need to provide us with a valid mobile phone number, that is a currently active user of a Carriage account. By providing this number you consent to us to possibly send you a one-time verification code which you will be asked to provide back to us as part of the registration process and in order to activate the offer. If you do not have a valid mobile phone number, you will not be able to participate in our offer. If the phone number is an inactive you will not be able to participate in out free period. Please note that while we do not charge you for the SMS, your mobile standard messaging rates may apply. We may use your mobile phone number for other marketing purposes and in accordance with our privacy policy.

  • Accidental Cancellation: an offer may only be used once. Please note that if you accidentally cancel your free offer before it is due to expire during the relevant period you will be deemed to have completed the free offer and you shall not be eligible to participate in another free. We reserve the right, in our absolute discretion, to withdraw or to modify our free offer at any time without prior notice and without liability, to the greatest extent permitted under the applicable local law (Please refer to JURISDICTION AND APPLICABLE LAW for more details).

Last Updated: December 15, 2019

If you have any questions about this Agreement, please contact us at info@trycarriage.com