Terms of Service
These Terms of Service (“Terms”) shall govern your use of the mobile applications and websites provided by Halal Now Limited (trading as NOW By HMC) (or referred to as “us”), including but not limited to NOW By HMC iOS and android mobile applications (“apps”) and orders.halalhmc.org and www.gethalalnow.com websites (collectively the “Platform”). Please give a comprehensive read to these Terms. The user of our services shall be referred to as you or your, in these Terms.
Your use of our Platform shall be deemed as acceptance of our Terms including any policies made thereunder. Halal Now Limited offers this Platform, including all information, tools and services available from this Platform to you, the user, on acceptance of all terms, conditions, policies and notices stated herein.
By visiting our Platform and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, merchants, customers, riders, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our platform. If you do not agree to the terms and conditions of this agreement, then you may not access the Platform or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The following persons may use the platform;
- Any natural person attained the age of 18 years;
- Any natural person less than 18 years of age (Minor Users) through its guardian/parent; and
- Legal Entities or Companies.
Minor Users shall obtain consent from their parents/guardians and they shall be responsible for all the legal actions or charges. If Minor User is using our platforms, it shall be deemed to have consent from their parents/guardians.
WE may at any time modify or change any of these Term(s) and/or policies made thereunder. Your continuous use shall act as consent to our new Terms/Policies.
HALAL NOW LIMITE
1. About Us
Halal Now Limited (trading as NOW By HMC) provides online ordering and delivery management services through its Platforms. These terms form a contractual relationship between Customer and Halal Now Limited.
1.1 What we do
Our platforms provide a channel that links customers to restaurants or other vendors (“Vendors”) for ordering food, grocery and other retail items (hereinafter referred to as “Goods”) and offer delivery. In placing your order from the Vendors, Halal Now is an agent facilitating you for placement of your order till its fulfilment. Vendors may be owned and operated by third parties, our affiliate partners, or us.
1.2 How to contact us
You may reach out to us via email at email@example.com.
2. Using our Platforms and Login Account
2.2 We take no responsibility for delayed/cancelled delivery of orders that are due to incomplete or incorrect information provided by you. All the information asked for processing the order shall be true and accurate.
2.3 You may delete your account from our Platform through the apps directly. Please note that any In-app Wallet credits, if unused, may be lost. Your account may be suspended or terminated by us if we have the reasons to believe that:
2.3.1 any person other than the User himself is using its account; or
2.3.2 you are involved in breach of these Terms or any of our policies.
3.1 Prohibited Activities
In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We reserve the right to take any appropriate measures including legal action against the person engaged in these activities.
3.2 We reserve the right but are not obligated to do any or all of the following:
3.2.1 investigate upon an allegation that the content posted on our Platform is violative of these Terms. We in our sole discretion shall decide the request as to the removal of the content.
3.2.2 remove the content violative of these Terms;
3.2.3 suspend or terminate a user’s access or their Halal Now Account upon violation of these Terms;
3.2.4 monitor, manage, or share any content on the Platforms; and
3.2.5 edit or delete any content posted on the Platforms, irrespective of its status as to the Terms.
4. Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as presented on the Platforms, whether registered or unregistered, shall remain the intellectual property of Halal Now and/or third parties who have authorized us with the use (collectively the “Trademarks”). Use of our intellectual property on any other website not approved by us is strictly prohibited and in case of any violation of Intellectual property rights, legal proceedings shall be initiated. We neither warrant nor represent that your use of materials displayed on the Platforms may not infringe the rights of third parties not owned by or affiliated with Us. Use of any materials on the Platforms is at your own risk.
We reserve the right to refuse service to anyone for any reason at any time.
5.1 On placing your order, it will be confirmed by us through a confirmation email, SMS or in-app notification. Delivery fee or any other applicable taxes or service charges shall be included in orders where applicable.
5.2 Minimum Order Value (MOV)- Some Vendors need a minimum order value before processing and delivery of an order. Where this MOV is not met, you have an option to meet MOV by adding more goods into the cart or otherwise, your order from that Vendor cannot be processed.
5.3 Additional Instructions – We and the Vendor(s) may reasonably try to comply with your additional instructions for an Order. In case it is not commercially sound or otherwise not possible to comply with such instructions, we shall proceed under our standard operating procedures. Neither We nor any Vendor shall have any responsibility for not conforming to your additional instructions.
5.4 Allergens: We are under no obligation to provide ingredient information or allergens information on our Platform. We neither represent nor warrant that the Goods shall be free from allergens. For any such information, you are advised to contact the Vendor before placing your order.
5.5 There may be any additional terms and conditions on your Order, provided by the Vendor.
5.6 Before placing an Order
5.6.1 Your delivery address shall be provided so that we can display the Vendors available for delivery in your area.
5.6.2 After selecting a Vendor, the Vendor’s menu page will appear and it will allow you to add Goods to your cart.
5.7 Placing the Order
For completing an Order, please click “Checkout” and follow the instructions. Any additional details may also be required at this stage. You are required to review and confirm that all the information you have provided is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed upon receipt of a confirmation email, in-app notification or SMS containing your Order receipt from us.
5.8 Cancellation of an Order
5.8.1 You have the right cancel your Order and claim a refund provided a Vendor has not accepted your order. You may order directly through your “Active Orders” page within your app (provided a Vendor has not accepted your order) or by requesting Customer Support Team to assist you with order cancellation. If the vendor has accepted the order, it is discretion of the Vendor to accept your cancellation request and refund you for the order value.
(i) Online Payment Orders
Refunds for cancelled Orders will automatically be credited directly to your in-app Wallet if the Vendor has not accepted your Order. You may reach out to Customer Support Team in case you would like the refund to be to your bank account. If your Order has been accepted by the Vendor and you still want to cancel your Order, you understand that no refunds, in this case, shall be issued unless communicated to us by the Vendor.
5.9 In case of any suspicion or reasonable grounds for believing any fraudulent activity or otherwise, We, in our sole discretion, reserve the right to cancel any Order, and/or suspend/ deactivate or permanently terminate the use of services through our Platform.
6. Prices and Payments
6.1 Prices for Our Goods are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
6.2 Prices shown may vary depending upon the Vendors. A brief breakdown of the price shall be displayed at the time of Checkout.
6.3 There shall be a separate Delivery fee charged unless:
6.3.1 any promotional or discount voucher has been applied; or
6.3.2 unless stated otherwise.
6.4 For payment, different methods are available on our Platforms:
6.4.1 Payment through Debit/Credit Card; or
6.4.2 Cash; or
6.4.3 Any other method offered by us from time-to-time including our loyalty points that can be used to pay for part or all of the order.
6.4.4 Payment through In-app Wallet on our Platform, which can be topped up by Debit/Credit Card and used to pay for part or all of your Order.
6.5 After completion of an Order, an email or an in-app notification may be sent to you along with the Order Receipt.
6.6 Payment Methods
WE, at our sole discretion, may make any changes in our existing payment methods. Online Payment through Cards shall be processed by third-party service providers. Our third-party service provider(s) may store your billing and credit card information subject to your consent for future payment purposes. We do not store any credit/debit card or payment information.
6.7 Sufficient funds must be ensured while using your cards in order to avoid any inadequacies or delays in processing your Order. We take no responsibility for charges and payments processed by our third-party service providers.
7. Delivery of Goods
7.1 Areas for Delivery
Goods are offered in certain areas by the Vendors of that area. Delivery is subject to the delivery address provided by you. Available goods and Vendors shall be displayed on your account. Areas for delivery may vary from time to time subject to weather conditions or force majeure situations.
7.2 Time duration for Delivery
7.2.1 All Orders shall be delivered to your delivery address. Estimated delivery time will also be provided to you and you will also be able to track your Order through the mobile app. The order may arrive prior to or after the estimated time subject to the road, traffic and weather conditions.
7.3 Unsuccessful or Failed Deliveries
7.3.1 We try our best to make the Order deliver to you in the best possible time however, if we cannot do so due to any reason caused by you, we shall not be liable for any fines, damages or any kind of monetary benefit to you. A refund of the same may not be granted to you.
7.3.2 No-show Cancellations
In case you (the customer) or anyone on your behalf fails to receive the order/respond to our rider within five minutes from the arrival time of the rider, We shall have the right to cancel the Order without providing any refund or financial benefit to you.
7.4 Wrong Order, Missing Items, Defective Goods
In case of any wrong order or missing items, please contact Customer Support Team and if the Goods are not as per the Order, you may be compensated through In-app Wallet credits. In certain cases, We may need the photographic evidence in order to investigate the matter. In case of Defective Goods, the liability lies with the vendor and We would require vendor’s confirmation of any refunds due (full/partial or none) before we can compensate you for Defective Goods.
8. Vouchers, Discounts, HMC Referrals and HMC Loyalty Rewards
8.1 Different discounts, vouchers, referral rewards and loyalty points (Vouchers) may be part of our marketing and promotional campaigns and Vouchers may be given to you for placing your order through our Platform or referring new users to our Platform. These Vouchers shall be subject to a Validity period and may be used only once or multiple times depending on the terms of the Voucher. Such Vouchers and promotions can, under no circumstances, be redeemed for cash, and can only be applied to discount your orders through the platform.
8.2 We reserve the right to discontinue any Vouchers or promotions without notice.
9. Representations, Warranties and Limitation of Liabilities
9.1 Representations and Warranties
9.1.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
9.1.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
9.1.3 You agree that from time to time we may remove the service for indefinite period or cancel the service at any time, without notice to you.
9.1.4 All information displayed on this site and our mobile application is provided in good faith. However, we make no representation or guarantee of any kind, express or implied, regarding the accuracy, adequacy, reliability, availability or completeness of any information on the site.
9.1.5 Product images on the Platform may be stock images for illustration purposes only and may not bear resemblance to the real product. The actual product may be different to the stock product images.
9.1.6 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
9.2 Limitation of Liability
In no case shall Halal Now Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.
10. Liability of Vendor
We shall not be liable for any actions or omissions done by, for and on behalf of any Vendor. We are not liable for any loss or damage arising from your contractual relationship with the Vendor. We and our Vendors only have a relationship of service providers and no Vendor acts as an agent to Halal Now Limited. Hence, any damage or claims by you shall be claimed from the Vendor directly without involving Halal Now Limited.
11. Personal Data (Personal Information) Protection
You agree to indemnify Halal Now Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any claims or demand, including reasonable solicitor fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party
13. Third-Party Links and Websites
13.1 Certain content, products and services available via our Service may include materials from third parties.
13.2 Third-party links on this site may direct you to third-party websites that are not affiliated with us. We shall not be responsible for examining or evaluating the content or accuracy and we do not warrant and shall not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties.
13.3 We shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
14.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
14.2 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Platform.
14.3 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).
15. Amendments in Terms
15.1 You can review the most current version of the Terms of Service at any time on this page.
15.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Platform. It is your responsibility to check our Platform periodically for changes. Your continued use of or access to our Platform or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
17. Entire Agreement
17.1 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
17.2 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
17.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.
19. Contact Us
In case of any questions about these Terms, please reach us at firstname.lastname@example.org.
20. Privacy Notice
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, 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.