NiosoFOOD TERMS OF USE
as of 1st January 2021


We thank you for Your trust in NiosoFood Service in the Nioso App. Please take Your time to read the whole Terms of Use of NiosoFood ("NiosoFood Terms of Use"). This NiosoFood Terms of Use is an integral part of the Nioso Terms of Use. If You use the NiosoFood Service on the Nioso App, You will be deemed to have read and agreed to the NiosoFood Terms of Use. Therefore, if You do not agree to part or all of the conditions of the NiosoFood Terms of Use, please discontinue the use of NiosoFood Service.


1. GENERAL TERMS

Unless specifically defined below and in other parts of NiosoFood Terms of Use, capital letters used in the NiosoFood Terms of Use must be interpreted in accordance with the terms in the Nioso Terms of Use. Outlet is restaurants, bistros, shop stalls, carts and/or other physical forms as registered in the Nioso App that are owned and managed by Merchants. NiosoFood is one of the services available in the Nioso App, where You can make Transactions in the Outlet. Merchant is the party that owns and manages Outlets which act as providers of Products. Driver Partner is a third party-independent Service Provider that agrees to become Our partner, cooperate with Us with a partnership scheme, and is not Our employees, agents or representatives. Product is food and/or drinks that You order through NiosoFood Service at the Outlets You choose. Transaction is ordering, purchasing and delivering Products through NiosoFood Service.


2. ORDERING

    a. By using NiosoFood Service, You agree and authorize the Driver Partner to make a Transaction.
    b. You can place an order for the Product on the Merchant page. The Driver Partner will follow up on Your order, including but not limited to, locating the Outlet, ordering directly at the Outlet, paying for and delivering Product.
    c. To minimize inaccuracy during the execution of Transaction by the Driver Partner, You are expected to provide full and complete details on the Product ordered and delivery information.
    d. We and/or the Driver Partner do not guarantee the availability of Product in the Outlet.
    e. You can contact and/or be contacted by the Driver Partner to obtain confirmation or clarification regarding Transaction, including but not limited to the availability and/or change of Product, Outlet location, change in Product price, delivery address, recipient of the Product, or other information, through the communication features in the Nioso App and/or other communication lines before or during ordering, purchasing and/or delivering the Product.
    f. You can only cancel the Transaction before the Driver Partner purchases the Product.
    g. In the event that You place an order for alcoholic beverages, You guarantee that You are 18 years old and are willing to show Your identity card (ID) to the Driver Partner at the time of delivery of the order at the delivery destination You designated.

3. PAYMENT

    a. You can choose the payment method that will be used when making the Transaction. Payment methods that can be used are cash, NiosoPay and other methods available in the Nioso App. Payments using NiosoPay will be processed according to the terms and conditions that apply to NiosoPay.
    b. You understand that the Transaction fees that You are required to pay includes, but not limited to, the Product prices and Product delivery fees and/or any other fees as informed by Us from time to time.
    c. You understand that the price of the Product displayed on NiosoFood Services is an estimated price. Merchant has the full authority to determine and make changes to the Product prices. Therefore, We are not responsible if there is a difference between the prices listed in NiosoFood's Service and the prices applied by the Merchant.
    d. Referring to the above conditions, You agree to pay the Product price in the amount stated in the receipt or purchase receipt issued by the Merchant as submitted by the Driver Partner to You after the Transaction is conducted.
    e. You can use Your NiosoFood voucher as available in NiosoFood Service as a deduction on the Product or delivery fee.
    f. If there are other costs incurred in connection with the Transaction, including but not limited to parking fees and building entrance fees, You shall be fully responsible for these costs and the Driver Partner has the right to request reimbursement of these other costs from You by providing supporting evidence (e.g. parking receipt).

4. DELIVERY

    a. You or other parties that You appoint to receive the Product understand to make themselves available, contactable and can receive when the Product is delivered by the Driver Partner.
    b. You can provide review of the Product as available in NiosoFood Service after Your Transaction is complete.
    c. We are not responsible for Product, including but not limited to the following:
    • the price differences listed on NiosoFood Service and Outlets;
    • condition and quality;
    • duration of delivery by the Driver Partner;
    • failure to complete orders and/or deliveries by the Driver Partner; and
    • incompatibility of Products ordered with Products delivered.

5. USER’S REPRESENTATION AND WARRANTY

    a. The representations and warranties of the User as stipulated in this Article 5 are in addition to the representations and warranties provided by the User as contained in the Nioso Terms of Use. There are no provisions under this Article 5 that reduce or limit the applicability of the representations and warranties provided by the User in the Nioso Terms of Use.
    b. You represent and warrant that: (i) The Product You ordered is true at Your will and needs and/or at the request of the other party You have appointed and has been informed to agree to accept the Product; (ii) The Product is not ordered to cause harm or inconvenience to another person or to the recipient of the Product; and (iii) You will pay in full for the Product You ordered in accordance with the Transaction.
    c. In the event there is loss or problem You experience at the delivery of NiosoFood Service, We will, with Our best efforts, help to mediate You with the related Driver Partner and/or Merchant in seeking solutions for the problem. We do not have any liability for any problems or disputes that arise between You, the Driver Partner and/or the Merchant, including taking legal action deemed necessary by You, the Driver Partner or the Merchant.
    d. We or the Driver has the right to refuse Your NiosoFood Service request, including ordering, if We or the Driver Partner has reasonable reasons to suspect that You have, or by accepting Your request, you will violate the NiosoFood Terms of Use, the Nioso Terms of Use or applicable laws and regulations.

How to Contact Us

You can contact us by e-mail to the following address: customerservice@niosoapp.com or by telephone to number+243 --- --- ---. All Your correspondence will be recorded and stored for Our records.

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