TERMS & CONDITIONS

Please read the following general Terms and Conditions (“Terms and Conditions”) carefully as the provisions contained herein shall govern your access and use of our online platform hereinafter referred to as “COFE App”. [DISTRICT GENERAL TRADING] having its registered office at [FLOOR 48, KIPCO TOWER, KHALID BIN AL WALEED STREET, SHARQ, KUWAIT CITY]. COFE App is an online platform hereinafter referred to as “Application”, this online platform is owned by District General Trading. This Application can be downloaded from all the countries. District General Trading aims to be the leading beverage and coffee application. COFE App is an online coffee marketplace that provides users coffee delivery, pick up and catering services. In addition to ready-to-consume beverages and food, the COFE App also provides coffee related merchandise like coffee machines, capsules, mugs and other accessories. This Application would facilitate orders as well as pick up services between the establishments and the Users. This Application uses iOS (Apple store), Android (Google Play Store) and website as online platforms. By downloading or otherwise accessing the Application you hereby agree to be bound by the following general Terms and Conditions. There may be additional features on the platform and those special features may have its own Terms and Conditions and those additional Terms and Conditions would also apply in context of use of Application along with these Terms and Conditions.

GENERAL

The Application is owned and operated by District  General Trading and/or its associates, related parties, successors and assigns (collectively hereinafter referred to as “Provider”, “us”, “we” or “our”.

The Terms and Conditions set below apply to:

  1. Any person accessing and downloading the Application (“Visitor“); and
  2. Any person supplying in any way the following information full name, email address, contact number, delivery address, car details.
  3. As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you.
  4. If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
  5. The User’s personal information would not be shared with third parties.
  6. Users are collectively referred to as “Users“, “you” or “your” in this Terms and Conditions.

By becoming a User, you hereby acknowledge and agree to be bound by the Terms and Conditions.

We may suspend or stop providing the Services if you do not comply with our Terms and Conditions.

Using our Application as well as various services provided by us through our website does not grant you any Intellectual property rights in the website and Services except your personal data or information uploaded on our Application.

ELIGIBILITY FOR REGISTRATION & ACCOUNT SAFETY

In consideration of becoming a User, you represent and warrant that:

 

  1. you are 18 years of age or older;
  2. you have the capacity to form a binding contract;
  3. you are not a person barred from accessing or using the Software under the governing laws of the Terms and Conditions;
  4. your access or use of the Software does not violate any applicable law or regulation;
  5. You will keep your contact information accurate and up-to-date;

OUR SERVICES

COFE App provides its users the following services:

Pick-up Services: Users will be able to order for pick up through the in-app services. Orders will be placed to COFE App’s Partners hereinafter referred to as “COFE Vendors” providing the User the option to pick up at counter, bring to vehicle or bring to gate.

In case of Pick Up at Counter, the user has to be collect their coffee from the counter of the COFE Vendor store they have selected.

For the order to be delivered to the User’s parked motor vehicle. All vehicles must be parked in a legal parking zone with close proximity to our COFE Vendor’s establishment.

For the order to be delivered to the airport gate, the user must be outside the final check-in gate to collect the order. COFE Vendors cannot deliver the order inside the gate after the security check.

The COFE Vendor’s will have the right to refuse delivery at their own discretion. There is no fee for such orders.

Delivery Services [hereinafter referred to as COFE On-the-Go]: The User has the option to place orders that will be delivered promptly. The time of delivery will be clearly stated in the order statement. The fees for such services is at 1.000 KD per order.

Catering Services [hereinafter referred to as COFE Gathering]: The user may fill out COFE Gathering Enquiry form available on the COFE App. The form allows for the user to choose multiple COFE Vendors. The COFE App will then process the information and provide users quotations from available COFE Vendors within 48 – 72 hours. There is no fee for such orders.

All COFE App services aim to link the Users to COFE Vendors, by advertising food and beverages on behalf of the COFE Vendors. COFE App does not guarantee the quality of the food and/or beverages prepared by the COFE Vendors, neither does it guarantee that the food and/or beverages available match the information provided by the COFE Vendors displayed on the COFE App.

PAYMENT

Various payment options are available for the Users, electronic banking services using K-net’s payment gateway for COFE Pick up or COFE On-the-Go (on Application), Cash (on delivery), Application also offers customer loyalty program in the form of COFE Credits. It runs three tiers of COFE Credits as follows:

  • 10 KD + 2 KD bonus
  • 20 KD + 4 KD bonus
  • 30 KD + 6 KD bonus

Service fee for delivery orders of 1.000 KD would be applied.

CANCELATION POLICY

Users agree to the below cancellation terms stated herein by placing an order.

Type of Service Cancellation Policy
COFE Pick Up Service:
  • Users will have two minutes from the time of placing the order to cancel their order by calling the COFE App through phone call on the following number +965 9407 6666.
  • Users must ensure they arrive at the pick up location at the time  of pick up mentioned in the statement order, if the user is not present 10 minutes after the pick up time, then the COFE Vendor reserves the right to cancel the order without a refund(specifically for orders that may violate health and safety, or the quality of the food and/or beverage) .
  • Users must ensure to arrive at the pick up time and not before as the order will be made available at time selected.
  • If the User has requested for the COFE Vendor’s staff to deliver the order to their vehicle, then the vehicle must be parked in a legal parking zone at time of pick up, otherwise the order will be moved to the COFE Vendor’s establishment within five minutes from time of pick up and the COFE Vendor will have the right to cancel the order and no refund will be provided.
  • If the User has requested for the COFE Vendor’s staff to deliver the order to their airport gate, then the user must collect their order from the COFE Vendor’s staff outside the final security check gate, as COFE Vendors cannot deliver to the area beyond the gate. Failure to do so will result in moving the order to the COFE Vendor’s establishment within five minutes from time of pick up and the COFE Vendor will have the right to cancel the order and no refund will be provided.
COFE On-the-Go:
  • Users will have five minutes from the time of placing the order to cancel the order.
  • Drivers will wait for five minutes at place of delivery, if the drivers are not attended to within the five minutes then COFE App will have the right to cancel the order and no refund will be provided.
COFE Gatherings:
  • Users will have 48 hours before date of delivery to cancel their order. For any cancellations beyond this time window, the users will not receive any refund.

 

RATING & REVIEW

User can also provide their valuable feedback regarding their experience with the Application. User can rate/review the Application from the App Store and Google Play.

 

REFUND POLICY

COFE App will provide full or partial refunds to users under the following circumstances:

  1. If the order delivered is different or incorrect from the order placed.
  2. If the order is late by more than 60 minutes from the time of order.

The refund under all circumstances shall be under COFE App’s discretion.

COFE App USERS OBLIGATIONS

It is the User’s obligation to make sure that all Personal Information provided is accurate and correct. The User shall need to confirm before checkout that the items ordered, as well as the pick up/delivery time, address and all other vital information and service fees. 

Users shall be responsible for clearly stating any allergies, substitutes or any special requests in the space provided marked “Special Request”, as COFE App shall not be held liable for any allergies or health conditions that may arise from consuming the orders. Partners who are not able to accommodate the special request or substitute shall inform users five minutes within the order time of other options available. If the User’s special request cannot be accommodated the COFE Vendor will have the right to refuse the order and therefore will cancel with a full refund.

All orders are subject to availability. The COFE Vendor will have the right to refuse orders, should the delivery address be out of reach, or should the food and/or beverage not be available for delivery or should the COFE Vendor’s operation team be too busy to take such an order. The COFE Vendor will therefore have the right to cancel an order before or after acceptance, but will immediately notify the user via email and fully refund the user.

FORCE MAJEURE

Parties to the terms shall not be held responsible for a failure to perform or for improper performance caused by a Force Majeure event.

PRIVACY POLICY

All Users are requested to provide personal information to COFE App such as first and last name, email address, phone number, physical addresses needed for delivery as well as GPS location and car details for car service COFE Pick up orders, all referred to collectively as Personal Information. All data is stored in encrypted form. We protect all Personal Information provided to us to help protect  your security and confidentiality.

Other demographic information such as gender, date of birth and other information that does not reveal the User’s identity may be collected. In addition, COFE App may collect information regarding previous orders, customer service inquiries, reviews, technical information and social networking preferences.

COFE App may use cookies, pixel tags, web beacons and other similar technology to facilitate the use of COFE App mobile application. If the User would not like such information to be shared, the User shall need to disable cookies.

The User’s information will only be disclosed under the duty to comply with any legal obligation or the court of law requesting to do so. The User’s demographic information may also be disclosed for marketing or research purposes, the information will be general and will not identify the User, protecting the User’s privacy and confidentiality.

EXCLUSION OF LIABILITY

You expressly understand and agree that the Application, its subsidiaries, affiliates, officers, agents or other partners, authors and employees shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:

 

  1. The accessing of, or the inability to access, the Application, the use of, or the inability to use of the Application, all implied warranties, Terms and Conditions relating the Application;
  2. Unauthorized access to or alteration of any of your transmissions or data, including any User Content; and
  3. Any warranty, terms or conditions as to accuracy, operability, completeness, quality of the Application.

WARRANTIES & DISCLAIMERS

We are using a commercially reasonable level of skill and care to maintain the security of the data provided to us by the User and we hope that our User would enjoy the use of our Application. Though, we maintain highest standards of accuracy in order to maintain our credibility, but we hereby do not warrant any commitment about the content within the services, the specific functions of the services, suitability and reliability of the services to your specific needs. We make no representations, warranties or guarantees, whether expressed or implied, that our Services or any content on our site is accurate, complete, up-to-date or free from errors or omissions.

INDEMNITY

You agree to fully indemnify, defend and hold the Provider, and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any and all claims or demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your:

 

  1. access and use of the Application or any Application Contents thereof;
  2. violation of the Terms and Conditions;
  3. violation of privacy policy or
  4. violation of any rights of another

OFFSITE LINKS

In order to offer increased value to our Users, COFE App may provide, or third parties may provide, links to other websites or resources, which you may access at your sole discretion. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

You understand and acknowledge COFE App has no control over such sites and resources. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising which may or may not be provided by or through sites.  In this respect, you also acknowledge and agree that COFE App is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.

You further acknowledge and agree that COFE App shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms and Conditions, there shall be no third party beneficiaries to this Terms and Conditions, and that you may not assign your profile or registration to any other persons.

NOTICES

If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, COFE App may communicate with you by providing you with notices regarding updates, changes or additions to the website or Services offered through or in connection with the website.

COPYRIGHT

All copyright in all material contained on, in or available through Application  are owned by COFE App or its proprietary holders, and you are required to abide by all copyright notices contained on the Application. There are certain logos of other brands and some photos which are being used in the Application and these might not be owned by COFE App. Still the User is under obligation to abide by the copyrights of other brands and would be liable for any violation and District General Trading hereby disclaims any liability in this regard.

MODIFICATIONS TO THE APPLICATION, CONTENT AND TERMS & CONDITIONS

COFE App reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Application or any part thereof, with or without notice to you. You agree that COFE App shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the website or any part thereof. The most current version of the Terms and Conditions as posted on this page shall supersede all previous versions.

It is your responsibility to check regularly to determine whether a new version of the Terms and Conditions has been uploaded. If you do not agree to any revisions pursuant to the upload of a new version of the Terms and Conditions, then you must immediately stop using the Application.

You agree that COFE App shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the website, and/or amendments to the Terms and Conditions.  Your continued use of the application after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the Terms and Conditions, as amended.

COOKIES

Our Application does not use any cookies.

AMENDMENTS

Amendments to the Terms and Conditions may be posted by COFE App at any time for all users to access and will be binding on the date of publication.

WAIVER & SEVERABILITY LAW

The failure of COFE App to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of the Terms and Conditions is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

VIOLATIONS & INFRINGEMENTS

Any violations or infringement of the Terms and Conditions should promptly be reported by the User by emailing COFE App at hello@cofedistrict.com

JURISDICTION AND GOVERNING LAW

The Terms and Conditions will be legally binding. Any dispute or claim arising will be in accordance to the State of Kuwait.

CONTACT

All questions, comments or concerns, regarding our services or terms and conditions can be addressed to hello@cofedistrict.com or call +965 9407 6666. Please note that all emails and calls may be saved for future reference.