Terms of Service
This Delicon Services Agreement (hereinafter referred to as “DSA” or the “Agreement”) dated as of the date of acceptance by means of a click-through, is made by and among Delicon General Trading, incorporated under the laws of Kuwait with company number 379647, (hereinafter referred to as “Delicon”) and the entity or person designated by the registration data provided herewith (hereinafter referred to as “Client”) and applies to Clients use of Delicon Services and Products.
Please read this Delicon services agreement carefully before using the Delicon services. By accessing or using the Delicon services, Client agrees to be bound by the terms of this agreement. If Client does not agree to the terms of this agreement, Client shall not access, install and/or use the Delicon services and, if presented with the option to “agree” or “disagree” to the terms, clicks “disagree”.
1. General
The terms and conditions in this DSA govern all use of the software and the services marketed by Delicon, hereinafter referred to as the “Service” or “Services”, including but not limited to the applications named “fleets”, “Driver App” “Merchant Mobile App” or “Merchant Dashboard” and all additional Delicon software that is available now and in the future including any software, programs, documentation, tools and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases). The terms and conditions of this DSA also govern all use of the Delicon website www.delicon.co, hereinafter referred to the “Site”. Delicon may also perform installations and provide hardware and supplies mentioned or not mentioned on the Site (taken together with the Site, hereinafter referred to as the “Product” or “Products”). The term and conditions in this DSA apply to all Products.
Delicon reserves the right, in its sole discretion, to modify or replace any of the terms or conditions of this DSA at any time. Client’s continued use of any of the Services following the posting of any changes to this DSA constitutes Client’s acceptance of those changes. Client agrees to periodically inspect the Site to stay informed about such changes. Certain Services that become available may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with this DSA, those additional terms and conditions will prevail.
2. Representation
By accessing any part of the Delicon’ Services or by using the Services in any way whatsoever, Client recognizes being bound by the terms of this DSA. Client warrants and guarantees that Client is at least eighteen (18) years old and has read, understand, and agree to be bound by this DSA. If Client is entering into this DSA on behalf of a company, Client warrants and guarantees that Client has the authority to bind that company to the terms of this DSA.
As a condition to using the Services, Client may be required to register with Delicon and create a Delicon account and select a password and user name (“Delicon User ID”). Client may not (i) select or use any Delicon User ID of another person or company with the intent to impersonate that person or company; or (ii) use as an Delicon User ID or Delicon Site Name a name for which Client does not have permission to use. Delicon reserves the right to refuse registration of, or cancel a Delicon User ID in its discretion. Client is responsible for maintaining the confidentiality of the Delicon password and other account information. Client agrees that the information provided will be accurate, complete, and up to date, and if Delicon determines that the information does not meet those standards, or if these requirements are violated, Delicon may immediately terminate the DSA for breach and/or suspend the Client’s use of the Services.3. Ownership of the Service
The Service is licensed and not sold. Delicon reserves all rights not expressly granted to the Client in this DSA. By accepting this Agreement, Client recognizes that the Service, the Intellectual property Rights, the copyright and the trademarks are the exclusive and inalienable property of Delicon or its suppliers, and that the trademarks, the name and Intellectual Property Rights remain the property of Delicon or its suppliers. The Service is protected by copyright, trade secret and other intellectual property laws. Delicon owns the title, copyright and worldwide Intellectual Property Rights (as defined below) in and to the Services, all copies of the Services, their software and the documentation. This DSA does not grant you any rights to Delicon trademarks or service marks. For the purposes of this DSA, “Intellectual Property Rights” means all author’s rights, patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Client may use the Delicon name and/or logo, solely in accordance with Delicon’s Trademark Guidelines; provided, however, that Delicon can revoke that privilege at any time. Client hereby consent that, if Client chooses to use the Service, Delicon may identify Client as a Delicon Client (using Client’s name and logo) and generally describe the Services it provides to Client in its promotional materials, presentations, and proposals to other current and prospective Clients. Client may choose to or Delicon may invite Client to submit comments or ideas about the Service, including without limitation about how to improve the Service (“Ideas”). By submitting any Idea, Client agrees that the disclosure is gratuitous, unsolicited and without restriction and will not place Delicon under any fiduciary or other obligation, and that Delicon is free to use the Idea without any additional compensation to Client, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. Client further acknowledge that, by acceptance of Client’s submission, Delicon does not waive any rights to use similar or related ideas previously known to Delicon, or developed by its employees, or obtained from sources other than Client.
4. Permitted Uses
Subject to the terms and conditions of this DSA, including due and timely payment of applicable fees relating to the use of the Service(s) or Product(s), Delicon hereby grants to Client a limited, non-exclusive, non-transferrable license, without the right to sublicense, to install and operate the Service and Products as well as its accompanying documentation on Clients computer(s) solely for the benefit of Client’s business purposes and not for any third party, until termination of this agreement. Any right not expressly granted hereunder are reserved. There are no implied rights of any kind. The Service(s) shall remain the entire and exclusive property of Delicon. This DSA does not constitute a sales agreement, but a Client license agreement that is personal, inalienable and non-exclusive.
5. Restrictions
Client shall not, nor permit anyone else to, directly or indirectly(a) make copies of or further distribute the Services, including copying onto any other medium, (b) distribute, rent, sublicense, lease, resell, or assign the Services, (c) alter, modify or adapt the Services, including but not limited to, translating, decompiling, disassembling, reverse engineering, attempting to discover the source code or underlying algorithms of all or any part of the Services or creating derivative works, (d) export the Services without the appropriate foreign government licenses and without Delicon’s prior written approval, (e) resell, rent or otherwise provide access to the Services to a third party or (f) take any action in an attempt to obtain any other Delicon user’s data, cause malfunction, crash, tamper with or otherwise impair Delicon Products and Service.
Client’s use of the Services is subject to all applicable local, state, national and international laws and regulations. This comprises all legal obligations incumbent on the Client to mark beverages as alcoholic and label food ingredients as containing allergens. Client will not use the Services or any content for any purpose or in any manner that is unlawful (including, without limitation, in any manner which violates the export or trade controls of Kuwait or any other country) or prohibited by this Agreement, or which infringes the rights of Delicon or others. Any rights not expressly granted hereunder are reserved by Delicon. No rights in the Delicon’ Service and Products are granted, whether expressly or by implication, including, without limitation, any rights in any patents, copyrights, trademarks or trade secrets embodied therein, except in connection with the permitted uses expressly described herein.6. Fees
If Client chooses to purchase any Service, Client agrees to pay the applicable prices. Client agrees to the billing policy, incorporated herein, constituting an integral part of the Agreement and located on the Delicon website, hereinafter referred to as the “Billing Policy”. Failure to comply with or otherwise pay fees due is a material breach of this DSA.
7. Data
Client acknowledges and agrees to the terms of the Delicon privacy policy, incorporated herein, constituting an integral part of the Agreement and located on the Delicon website, hereinafter referred to as the “Privacy Policy”. Client hereby grants permission to Delicon for Delicon to use all data and information that Client submits in the Service for improving and maintaining the Site and the Service as well as for analytical purposes by Delicon and its partners in a manner where such data is aggregated with other user data and cannot be readily reverse engineered into personally identifiable information.
8. End Client Personal Information
Client agrees that notwithstanding anything to the contrary herein, Client shall handle any personally identifiable information that it inputs into the Service in the following manner: (i) in the event Client seeks to use or export such data, Client shall use the Delicon opt-out mechanism for anyone who has provided Client with personally identifiable information that is stored on the Service, (ii) Client agrees that Delicon can delete such data in the event the person whose data it is exercises the Delicon opt-out mechanism and (iii) any use of such data by Client shall comply with Delicon Privacy Policy. Client shall indemnify and hold harmless Delicon from any claim brought against Delicon alleging that personal information stored on the Services was improperly used where such use was by Client while such information was stored on the Services or any use after Client has exported such data.
9. Termination
This DSA shall come into effect upon first use of any of the Services and shall be valid for an open-ended period. Client may terminate this Agreement at any time. Delicon in its sole discretion has the right to suspend or terminate this Agreement and your account and refuse any and all current or future use of the Services and Products for any reason at any time if Client does not comply with this DSA. This Agreement and Client’s right to use the Licensed Software and Delicon Service automatically terminates if Client fails to comply with any provision of this DSA. Client’s duties to (i) pay amounts due and payable, (ii) refrain from any kind of reverse engineering or infringement on Delicon’s Intellectual property Rights or other act in violation of this agreement or (iii) indemnify and hold harmless Delicon with regard to end Client personal information shall survive termination of this DSA. Upon termination Client will destroy all copies of the Service and documentation onto which the Licensed Service or documentation has been installed.
In addition, Delicon reserves the right and Client acknowledges such right for Delicon to terminate service of Client’s account on 30 days notice in Delicon’s sole discretion.
Upon termination Delicon shall terminate the Client’s access to their Delicon account, the account itself and the data residing therein, and Client will lose access to all of the data, information and content related to Client’s use of the Service(s) or Client’s account or stored in, on or with the Service(s) or Client’s account subsequent to or in relation to Client’s use of the Service(s) or account, or any other information associated with Your account, and Delicon may permanently delete Client’s user data and information at that time.
Some provisions of this Agreement are meant to survive termination; for example, the terms regarding ownership of the Intellectual Property Rights in and to the services, the section where is explained that the Services are provided “AS IS,” and the section where Delicon limits its liability to Client. The provisions that a reasonable person would assume are meant to survive termination, including the examples above, will survive termination.
10. Statement of Service and Support provided
Some parts of the Services may be unavailable to Client, depending on the purchased Service and Products. Delicon is constantly working to improve the Services and Delicon can make changes to the Services at any time (including discontinuing certain parts of the Services). If Client does not like the changes, the only remedy is to stop using the Services. If Delicon decides to permanently stop offering the Services entirely, it will inform Client 30 days in advance. At any time Delicon may invite Client to try Delicon Services that are not generally available to other Clients (“Non-GA Services”). Client may accept or decline any such trial in its sole discretion. Any Non-GA Services will be clearly designated as beta, pilot, limited release, developer preview, non-production or by a description of similar import. Non-GA Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. Non-GA Services are not considered Service hereunder and are provided “as is” with no express or implied warranty. Delicon may discontinue Non-GA Services at any time in Delicon’s sole discretion and may never make them generally available. Delicon offers support as described in the Billing Policy, but Delicon does not make any promises regarding how fast Delicon will respond to a request for support or that Delicon will be able to fix any problems Client may be having. Delicon reserves the right to access any and all of Client’s Data in order to respond to Client’s requests for support.
11. Third Party Services and Websites
Client may be offered services, products and promotions provided by third parties and not by Delicon. If Client decide to use these Third Party Services Client will be responsible for reviewing and understanding the terms and conditions associated with these services. Client agrees that Delicon is not responsible for the performance of these services. The Delicon Service and Products may contain links to third party websites as a convenience to Client. Client agrees that accessing any such website at is at Client’s own risk, and that the site is not governed by the terms and conditions contained in this DSA. Delicon expressly disclaims any liability for these websites. Client will be responsible for obtaining and maintaining any required third party hardware and/or software, including updates thereto. Delicon shall not be responsible for the negligent, grossly negligent, or actions or inactions of any third party. Furthermore and except for authorized Delicon subcontractors, this limitation shall apply even to those third parties that may have been certified pursuant to a Delicon certification program or recommended or referred to Client by Delicon.
12. Limitation of liability
Client agrees that the Service and Products are provided “as is.” Any use of the Service and Products is at Client’s sole and absolute risk. In no event, will Delicon and its processors, suppliers or its licensors (or their respective affiliates, agents, directors and employees) be liable for any direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Services, errors in or loss of any data, even if Delicon is advised of the possibility of such damages. Specifically, Delicon is not responsible for any costs including, but not limited to, those incurred as a result of lost profits or revenue, loss of use of the software or services, loss of data, the costs of recovering data, any claims by third parties, or for other similar costs. Delicon will in no case be liable for unlawful or improper use of the Services, of for any manipulation or modification of the Services and their software. Without prejudice to the above, the liability of Delicon will in any case be limited to the total amount of the subscription fees paid or payable by Client for the last three (3) subscription periods preceding the event that led to such liability. Delicon will in no case be liable for unlawful or improper use of the Products, of for any manipulation or modification of the Products and Services and their software.
Client acknowledges and agrees that sharing of its account information, login information or passwords shall be at its sole and absolute risk and that Delicon shall not be liable for any damage arising as a result of such sharing.,
Client will indemnify, hold harmless and upon Delicon’s request, defend Delicon against any claims, liabilities and expenses (including court costs and reasonable attorney’s fees) arising from the acts of omissions of Client, Client’s employees or agents, including, without limitation, any provision of warranties or contractual rights to consumers or end users in excess of those set forth in this DSA. Client is responsible for all user data, and for Client’s activity in connection with the Services. Client shall indemnify and hold harmless Delicon (and its affiliates), and each of its (and its affiliates) respective employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from (i) Client’s use or misuse of the Services; (ii) Client’s access of or to any part of the Services; (iii) any user data; or (iv) Client’s violation of this Agreement or any additional terms Client agrees to with Delicon.
13. Warranty
The Services, the Site, any other Delicon Software and the Products are provided without warranties of any kind, either express or implied, including, without limitation, implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Delicon and its processors, suppliers or its licensors (or their respective affiliates, agents, directors and employees) do not make any warranty that (i) the Services are free of viruses or other harmful components; (ii) the Services will be error-free or uninterrupted (including, without limitation, interruptions that occur in the context of regularly scheduled maintenance); (iii) any information or advice obtained by Client in connection with the Services will be accurate or complete. Delicon makes no warranty of any kind as to the suitability or adequacy of the Services for a particular purpose or non-infringement.
14. Governing Law
This agreement is governed exclusively by and construed according to the laws of Kuwait where any dispute will be brought in the Arabic language, without prejudice to Delicon’s right to bring suit against Client before the court that would be competent in the absence of this clause.
Billing Policy
This Billing Policy is an integral part of the Delicon End User License Agreement. “You” or “Your” means the person using any of the Services and the person or company ,if any, on whose behalf such person is acting.
There is no cancellation fee, ever.
Cancel your account and you will not be charged a cancellation fee. You are, however, responsible for any bills before you cancel. So, for example, if you were billed on the 1st and then canceled on the 4th you are still responsible for the subscription period following the 1st, but you will not be billed again.
How do I cancel?
To cancel your account, please send an email to your Delicon account manager, so we can make sure your account is terminated safely.
Payment and Refund Terms for Service
Billing is done 5 days before the start of each subscription period and the bills must be paid before the start of the new subscription period. There will be no refunds or credits for partial subscription periods of Service or for subscription periods unused. No exceptions will be made to this rule in order for us to treat all of our Clients fairly.
You can choose to change your subscription period before the start of each new period, without notice. Delicon will renew your subscription automatically with the same duration of the previous period.
All fees are exclusive of any and all taxes imposed by taxing authorities.
Delicon reserves the rights to at any time modify or discontinue one or more parts of the Service on reasonable notice, except where technical contingencies cause disruption without notice. Prices of the Services are subject to change at any time with 30 days notice. We will let you know by email You agree to periodically review Delicon pricing and policies made available on the www.Delicon.com website in order to stay informed. Delicon shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
Disputes
All complaints shall be reasonably motivated and submitted to us directly by registered letter within 8 days of delivery/execution of the works. In the event of any dispute concerning the execution of the works of conformity of the hardware and supplies, you may not suspend or refuse payment of the invoices. All invoices shall be considered accepted when they are not disputed by registered letter within 14 days after receipt.
This agreement is governed exclusively by and construed according to the laws of Kuwait. The parties submit to the exclusive jurisdiction of Kuwait where any dispute will be brought in the Arabic language, without prejudice to Delicon’s right to bring suit against Client before the court that would be competent in the absence of this clause.
Payment methods
Delicon offers the following safe payment method:
Online via KNET & Credit Card
Overdue payments
All bills are payable according to the payment term mentioned on the invoice. In the event of late payment, 12% interest per annum on the amount owed shall apply automatically, legally and without prior notice of default. Besides the aforementioned, damages of 10% on the amount owed shall apply automatically, legally and without prior notice of default, and this with a minimum of KD 50.
Be sure to review the Delicon services agreement for additional terms and conditions of the Delicon services, of which this billing policy is an integral part.