Thank you for using “Dairy On Demand”. Here are all the prescribed terms and conditions that are applicable to the performance of our ‘Service Provision’, deliverable to the Highest International Standards.
Kindly read these ‘Terms of Service’ carefully, as they contain vital information relative to your rights and obligations, as well as limitations and exclusions that apply to your purchases.
General Terms
Dairy on Demand (the Portal) provides an online platform for all Dairy products. These terms (Terms of Service) apply when you use/register/order on the Dairy on Demand Portal (collectively - Services). By using the provided services, you automatically agree to these ‘Terms of Service’.
The Dairy on Demand portal, enables the exchange of services between individuals (User’s), willing to order Dairy products on the portal from our partners that are willing to sell the ordered products. Dairy on Demand however cannot supervise, monitor or take any responsibility for the ‘Quality, Certifications & Quantity’ of the products of our partners.
Registration
You are the sole authorized User of any account (Account) you create using these Services. Your action of registration constitutes your acceptance of the ‘Terms of Service’ and the associated Privacy Policy. Registration is free of charge. No entitlement exists for admission to the Service. “E Foro FZ LLC" maintains http://www.dairyondemand.com Website. The data required for registration provided by the User must be complete and accurate in order to make effective use of our services. The User is responsible for updating and maintaining his/her own data that can be amended at any time from the respective interface of the Service. Dairy on Demand has no responsibility over the use of the User account and expressly disclaims any liability therein. Should you suspect of any unauthorized usage of your individual Account, you are obligated for your own security to notify Dairy on Demand immediately by emailing us at contact@dairyondemand.com . By providing your mobile/phone number to Dairy on Demand pursuant to the use of the Service, you hereby affirmatively consent to the use of your mobile/phone number for contacting you directly in order to effectively perform the Services, including but not limited to occasionally sending notifications, text messages with promotional offers, service updates and customer survey regarding the quality of our services.
Order Placement
By placing an order through the application or the portal, the User confirms the accuracy of all the information he/she provides. Orders are confirmed to the User within/through the app/portal’s interface. User may schedule the order for a selected time, date, as per availability of Service. No contractual relationship exists between User and Dairy on Demand at the time of placing an order. Dairy on Demand may decide for any reason whatsoever to not accept an order and to refuse to honor it.
Once you have selected your order from the menu, you will be given the opportunity to submit your order by clicking on the “Checkout” button. Please note it is important that you check the information you enter and correct any errors before clicking on the “Checkout” button. On receipt of your order, Dairy on Demand will begin processing your order and we will send a Confirmatory message/email/text for the receipt and subsequent processing of the placed order.
Payment can be made by cash on delivery and/or card payment online. Unauthorized online payment by the respective Payment Gateway will be returned to the previous page on the website and ‘Dairy On Demand’ will not be obliged to provide the services.
Disclaimers
The range and prices of Products may differ depending on the delivery location. User might be contacted by Dairy on Demand to confirm the order if the total items in an order exceeds normal mean order volume. The User may not be able to alter or add items to 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 the status turns to en-route/in process as per the technical specifications of the Service. Whether it’s an Instant or Scheduled order for cancellation, the user can get in touch with our service team through email or contact number mentioned in the website.
The primary objective of Dairy on Demand, is to aggregate and effectively deliver all the partner products as per the right order placed by customers. User acknowledges that the Products are subject to stock availability and to human errors. Dairy on Demand 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 stock price the same as per the brand you originally ordered but in case of a higher valued replacement, there could be a price increment. We do our best to ensure that all items shown on our portal are available to order. If however any product you order, is out of stock or unavailable we may send you a 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 within a reasonable time after receipt of the case and post processing. No subsequent delivery is obligatory, 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 cease to be liable to the User. Please note that we shall make every attempt to send the User notification of substitute products in the event that originally selected products are unavailable / out of stock, the User however may reject these substitutes. While we shall always be ready to cater to your orders, an order of unusually large quantities of different or one product can only be fulfilled at the explicit discretion of the Supplier/Shop.
Product Delivery
Products will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the supplier directly, by a delivery partner, or by Dairy on Demand 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.
‘Dairy On Demand’ services shall not be provided to any Sanctioned Country declared by OFAC, unknowingly trade with any single Customer, Business House, Organization, Supplier and or through any and all means of Payment (Cash / Ecommerce) effected from a Sanctioned Country.
Buyers are solely responsible for verifying the accuracy of delivery addresses and Dairy on Demand shall have no liability or responsibility for any erroneous addresses. Dairy on Demand will be obligated and Policy driven to maintain scheduled delivery times, however delivery times may be affected by factors beyond our control and therefore cannot be guaranteed. We will inform you (the Customer), if we foresee or are made aware of any unexpected delays.
During any product delivery, if the client is not available in the address specified in the system, the products ordered by the client shall not be delivered to an alternate address. In the event of such a circumstantial case, the member must accept all legal responsibilities arising from ordering a product to an alternate address. For all reasons beyond the control of Dairy on Demand - such as an incorrect delivery address, the recipient's absence, lack of an access permit, bad weather conditions, or similar, where it should prove impossible or possible only with great difficulty to carry out the delivery successfully, Dairy on Demand is entitled to cancel the User's order. In such cases the User would not be entitled to compensation or pecuniary of any kind, however in case of online payment, the refund will be initiated by Dairy on Demand 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. Customer may cancel their order within 10-minutes after the successful payment online; refunds will be made back to the payment solution used initially by the customer. Please allow for up to 45 days for the refund transfer to be completed.
All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties
Dairy on Demand endeavors to provide you with accurate and up-to-date pricing, product availability and promotional information. Discrepancies are possible and as per these ‘Terms Of Services’ customers shall indemnify Dairy on Demand from any and all liability in such instances.
The Prices
Dairy on Demand reserves the right to update the prices at any time. While we shall do our best to procure and deliver the order, certain products may be temporarily unavailable or out of stock. In such cases: if customers did not receive their order or received an incorrect order, they (customer) will be issued a full refund; if part of the order is missing, Dairy On Demand will issue a partial refund for the price of the undelivered quantity. In all cases ‘Dairy On Demand' shall endeavor to exceed all expectations of ‘Customer Satisfaction’.
Delivery charges vary based on location and will be transparently and clearly mentioned in the final order confirmation screen and in the order receipt email.
Payment Conditions
You can pay with cash or by card on the portal. Any dispute or claim arising out of or in connection with this portal or application shall be governed and construed in accordance with the laws of United Arab Emirates, being country of domicile and Legal Jurisdiction.
Minors under the age of 18 are prohibited to register as a User of this portal or application and are not allowed to transact or use them. If you make a payment for our products or services on our portal 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’s policies and rules.
The User can select which payment method is preferred. The payment methods available are Visa or MasterCard debit and credit cards and same will be accepted for payment. Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment. If for any reason the online payment transaction is declined, Dairy on Demand is entitled to offer the User cash on delivery payment option. Refunds will be done only through the Original Mode of Payment.
Please read the following terms of use and disclaimers carefully before using Debit / Credit Cards:
Special Disclaimers
We take care to update the product information in the Service/portal 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.
If the delivered quality is poor, the user can still return once they claim. But should not throw them and claim to return the fresh ones as we'll be unable to judge and claim from the store as well. Frozen Items or Canned Food should be returned within the hour from the time of delivery. (item will be collected back OR cash/PC refund will be given) If items are unsealed or damaged by the user, it cannot be accepted for refund. If we are not intimated within an hour of delivery, then we shall not be responsible to replace the product.
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. Dairy on Demand therefore accepts no liability in respect of the constant, uninterrupted availability of the portal, nor for technical and electronic faults during sales transaction, in particular for any delay in processing or accepting orders. If you turn off in-app notifications or are unreachable for item substitution requests, Dairy on Demand shall not be responsible for the differences between your order and the delivery.
Customer Service & Complaints
Dairy on Demand Customer Service provides information regarding any questions, issues or complaints related to the Dairy on Demand service. Users may contact Dairy on Demand via e-mail (contact@dairyondemand.com).
Data collected shall be treated as confidential and in good faith. When registered, Customer/User 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.
By using Dairy on Demand services, you agree that neither Dairy on Demand nor its affiliates or licensees are responsible for the fitness or conduct of any supplier/delivery partner, neither Dairy on Demand nor its affiliates or licensees shall be liable for any claim, injury or damage arising in connection with the acts or omissions of any supplier/delivery partner. in the event you have a dispute with any shop, you hereby release Dairy on Demand 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.
Service may now or in the future permit the submission, sharing or publishing of photographs, communications or other content submitted by you and other users ("User Submissions"). Other than personally identifiable information, which is covered under the Dairy on Demand Privacy Policy, any User Submission transmitted or posted to this Portal / Software Application will be considered non-confidential. In addition, by submitting any User Submission to Dairy on Demand, you hereby grant Dairy on Demand a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submission in connection with the Services, the Support and Dairy on Demand's business. We hereby grant each User of the Service a non-exclusive license to access their User Submissions through Service and to display and publicly perform such User Submissions as permitted through the functionality of Service and under these Terms and Conditions. In connection with the User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant Dairy on Demand all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of Dairy on Demand or any third party; or (iv) impersonate another person. Dairy on Demand reserves the right to remove any such User Submissions at its sole discretion and without notice or liability to the customer or to any other person. Dairy on Demand does not endorse any User Submission or any opinion, recommendation or advice therein, and Dairy on Demand expressly disclaims any and all liability in connection with any User Submission. It is well understood and agreed that customers may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against Dairy on Demand with respect thereto. Dairy on Demand may provide links to Software Applications owned or operated by third parties. Dairy on Demand does not endorse the content or any products or services available on such Software Applications and is not responsible for such content or its security. Customers linking to any other Software Applications from this Service is at their own risk.
Use of customer support is entirely the Customers responsibility. Changes are periodically made to the software applications and may be made at any time without notice to the end user. 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. Dairy on Demand 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 Dairy on Demand software applications. Dairy on Demand assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from the access to and use of the Dairy on Demand software applications or the support; any unauthorized access to or use of Dairy on Demand's secure servers and/or any and all personal information and/or financial information therein. Dairy on Demand 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 the use of the software applications results in the need for servicing or replacing equipment or data, Dairy on Demand shall not be responsible for those costs. Dairy on Demand, 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. Dairy on Demand makes no warranties about the accuracy, reliability, completeness or timeliness of the content, services, support, software, text, graphics or links. Dairy on Demand and its partners and licensees cannot and do not guarantee that any personal information supplied by the customer’s shall not be misappropriated, intercepted, deleted, destroyed or used by others.
Limitation Of Liability
You agree that Dairy on Demand shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages arising out of or in conjunction with the use of the support; the liability or fitness of any customer in connection with the performance of or browsing in the software applications or the links to other software applications from this software applications, even if Dairy on Demand has been advised of the possibility of such damages. It shall be further agreed that Dairy on Demand 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 circumstances shall Dairy on Demand's total liability to the customer for any losses arising hereunder exceed the amounts paid by the customer to Dairy on Demand 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 the customers. Should a jurisdiction be averse 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 Dairy on Demand shall be effective unless made in writing and signed by an authorized representative of Dairy on Demand. Failure by Dairy on Demand to exercise or enforce any rights conferred upon us by ‘Terms of Services’ 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.
Customer/User shall agree to defend, indemnify and hold harmless Dairy on Demand 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 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. Dairy on Demand shall provide notice promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at the customers/users expense, in defending any such claim, suit or proceeding.
At its sole discretion, Dairy on Demand may modify or discontinue Service, or may modify, suspend or terminate access to Service or the Support, for any reason, with or without notice to its customers/users and without liability to you or any third party. In addition to suspending or terminating access to Service or the Support, Dairy on Demand reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after the right to use the Support is terminated, Account shall remain enforceable. Customer/User may terminate Account at any time, however Dairy on Demand 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.
Dispute Resolution
The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in Dubai, UAE utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator. The arbitrator shall be required to follow the law.
This Agreement is governed by the laws of the country where Dairy on Demand services are available, the courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. 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, 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. Any offer for any product, feature, service or application made on this Software Applications is void where prohibited.
Limitations
No independent contractor, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
Dairy on Demand 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. The continued use of the Software Applications or the Support following any revision to this Agreement constitutes the 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 info@dairyondemand.com.
Thank you.
Happy Shopping.