Terms & Conditions
Welcome to our Website. Please review these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, you should not use this Website. By using this Website, consuming content on this Website and/or placing an order with Bindi Ltd / TukTuk through the TukTuk Website (at www.tuktuk.com.mt), you are accepting these Terms and Conditions.
By completing and submitting an electronic order form, you are making an offer to purchase food deliveries which, if accepted by us, will result in a binding contract. An acceptance email from us confirms that an agreement is formed.
1. Introduction
We are Bindi Ltd (“we”, “us”, “our”) and general description of the objectives of the company.
2. Agreement
“Agreement” shall refer to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you.
We reserve the right, in our sole discretion, to modify, alter, or otherwise change this Agreement at any time. We will provide notice of such change on this Website. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at [link]. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. If at any time you do not accept these changes, you must immediately discontinue use of this Website to which the changes may apply.
3. Ordering
3.1. By placing an order through our Website, you enter into an agreement with us with respect to the processing of that order. You shall provide us your details with the necessary degree of care and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are relative to your own credit or debit card or that of a person who has provided the required authorisation for use and that sufficient funds are present to make the payment.
3.2. This Website is not intended for any children under the age of 13. If you are between 13 and 17, you agree that you received parental permission both to order online from this Website. By using the Website to order food deliveries, you confirm that you are at least 18 years old, and are consenting to this Agreement.
3.3. It is your sole responsibility to check that the food deliveries you are ordering are suitable for the intended recipient.
3.4. In the event that you are required to provide an e-mail address and password to process your order, you must ensure that the password is kept confidential and is not disclosed to a third party.
3.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
3.6. We make every effort to ensure that the food deliveries shown on our Website are currently available at the price shown. We do not guarantee that the published food deliveries are always available. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us. When you place your order online, we will send you an automated confirmation of the receipt of the order. You must inform us immediately if any details are incorrect. The automatic confirmation must not be interpreted to mean that the order has been accepted.
3.7. The confirmation message shall be sent via email. The order confirmation shall confirm the price of the food deliveries ordered and shall specify the delivery details.
4. Payment
4.1. All prices listed on the Website are correct at the time of publication. Prices are inclusive of the value added tax and delivery charges. We reserve the right to alter the prices and the food deliveries available for sale in the future. The price you pay is the price of the products shown at the time you place your order, even if the price of the product subsequently changed. Offers are subject to our discretion and may be withdrawn at any time and without notice.
4.2. The order must be paid in full. Payment has to be made in cash or, if available on the Website, by online payment, e.g. credit or debit card. Where an offer mentions that an item is reduced in price, the discount will be calculated at checkout before any delivery charges are applied.
4.3. If you choose online payment, you must pay for your order before it is delivered. To provide secure online shopping, your debit/credit card details will be encrypted to prevent unauthorised access by third parties.
4.4. Food deliveries will not be sent for delivery until we have authorisation from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorised.
5. Delivery
5.1. We will use our best efforts to deliver in a timely manner. We disclaim any responsibility for late delivery of the order. In case of a late delivery, the delivery charge will not be refunded. If the food deliveries are not delivered within the estimated delivery time quoted by us, you may contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
5.2. You must ensure that at the time of delivery of the food deliveries adequate arrangements, including access where necessary, are in place for the safe delivery of the supplies. We cannot be held liable for any damage, cost or expense incurred by you where this arises as a result of a failure to provide adequate access or arrangements for delivery.
5.3. If you fail to accept delivery of the food deliveries at the time of delivery without a justifiable reason, or we are unable to deliver due to your failure to provide appropriate instructions or authorisations, then the food deliveries shall be deemed to have been delivered to you. The price and the delivery charge shall not be refunded.
6. Cancellation
6.1. You shall immediately – maximum within 15 minutes from the order, notify us if you decide to cancel your order, preferably by phone, and quote your order number. If the cancellation is made within the indicated timeframes, we will refund or re-credit your debit or credit card with the full amount within 3 days, including any delivery charges. If you paid for your order online, you should contact us only with respect to a refund of your payment.
6.2. If we cancel an order due to the unavailability of a food supply, any payments made by you shall be refunded.
6.3. In the unlikely event that a wrong item is delivered, you have the right to reject the delivery of the item and you shall be fully refunded for the missing item.
7. Linked Sites
Although this site may be linked to other sites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. We have not reviewed all the sites linked to this site and disclaim any responsibility for the content of any off-site pages or any other site linked to this Website. Your linking to any other off-site pages or other sites is at your own risk.
8. Ownership
All content included on this Website is and shall continue to be our property. Content is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
9. Indemnification
You agree to indemnify, defend and hold and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, related to your violation of this Agreement or use of the Website.
10. Disclaimer
Great care has been taken to ensure that the information available on this Website is correct. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
11. Limitation of Liability.
11.1. To the extent permitted by law we will not be held liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), arising out of or in any way relating to the Website, your Website use, or the content, even if advised of the possibility of such damage. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant food deliveries.
11.2. We shall not be held liable for any failure or delay in performing the services or delivering the food deliveries where such failure arises as a result of any act or omission, which is outside our reasonable control.
11.3. In the event we have a reasonable suspicion that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, we may block you immediately and reserve the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, we reserve the right to seek compensation from any and all violators.
12. Applicable Law and Jurisdiction
You agree that the laws of Malta will govern this Agreement. The parties hereto submit to the exclusive jurisdiction of the Courts of Malta.
13. Severability
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. Waiver
No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
15. Complaints
We would like to assist in addressing your complaints and aim to respond to your complaints within 3 business days. All complaints should be addressed to namaste@tuktuk.com.mt