1. Contractual Relationship

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

  1. These Terms of Use ("Terms") govern the access or use by you (“You”), of the AppiGo applications, websites, content (collectively, the “App”) for the purposes of using the AppiGo platform (the “Access Services”), made available by AppiGo Software Private limited liability company having its Registered Office at No 50, Ward Place, Colombo 07. The Terms also govern the request for Delivery Services on the AppiGo platform (the “Delivery Services”), which are facilitated by AppiGo.
  2. In these Terms, Access Services and Delivery Services, are collectively referred to as the “Services”
  3. Your access and use of the Services constitute your agreement to be bound by these Terms, which establishes a contractual relationship between you and AppiGo. If you do not agree to these Terms, you may not access the Services. These Terms expressly supersede prior agreements or arrangements with you.
  4. Supplemental terms may apply to govern policies for a particular event, activity or promotion etc., and such supplemental terms will be disclosed to you in connection with the applicable event, activity or promotion. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable event, activity or promotion. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable event, activity or promotion.
  5. Our collection and use of personal information in connection with the Services is as provided in AppiGo’s Privacy Policy. If there is a complaint, dispute or conflict, which may involve you, a Merchant and/or a delivery partner and such information or data is necessary to resolve the complaint, dispute or conflict.
2. Using the Services.
    1. The AppiGo platform is
      1. a technology platform that connects you to merchants (“Merchant”) to order products, food, beverages, or other items (“Items”) and
      2. the platform through which AppiGo provides for delivery of Items to you.
    2. Once you have been provided access to the App, you may place orders for Items. You may request that Items be delivered using AppiGo whereby you will be charged by AppiGo directly for the Delivery Services.
    3. AppiGo will request an independent contractor who intends to perform on-demand delivery services on AppiGo’s behalf using the AppiGo App (a "Delivery Partner") to collect Items from Merchant and deliver such Items to you. Delivery Partners’ responsibilities include delivering items from Merchants to you in a professional manner with due skill, care and diligence whilst complying with applicable laws, regulations and guidelines.
    4. AppiGo will endeavor to ensure that your Items will be delivered to you as soon as reasonably possible. AppiGo will give you an estimated range of how long the delivery will take before you place the order. Unfortunately, independent factors such as traffic and weather, as well as the actions or inactions of Merchants or Delivery Partners may cause delays in the provision of delivery services.
    5. Delivery Services are offered in designated regional areas as communicated via the AppiGo App from time to time (“Delivery Service Area”). AppiGo does not guarantee that the Delivery Services will be available in the Delivery Service Area at all times.
    6. You may cancel your order until the Merchant has begun preparing your Items. Once the preparation has begun, you will no longer be able to cancel and you will be charged full price by AppiGo (on behalf of Merchants) for your ordered Items. If you cancel your order after the delivery has begun, you will also be charged full price for Delivery Services by AppiGo directly.
    7. If Delivery Services fail for reasons attributed to you (for example, you did not answer when your Items were delivered to you) you may be charged full price for both Items and Delivery Services.
    8. If AppiGo cancels the Delivery Services for any reason not attributed to you, you will be entitled to a refund for any amounts paid.
    2. You acknowledge that neither AppiGo nor its affiliates are an Item selling or preparation entity, and are not responsible for the following obligations of Merchants:
      1. Merchants are responsible for fulfilling food orders they accept from you, preparing food items to an acceptable quality and standard, and ensuring their information on the App, including information about menu items and pricing is correct on all products;
      2. t’s the responsibility of the Merchants to have obtained relevant licenses, and comply with applicable laws, regulations and guidelines, including any requirements on Item preparation, handling, packaging and safety:
      3. Merchants are responsible for obtaining all applicable authorizations, consents or permissions required from any relevant parties (including, without limitation, any relevant governmental authorities) for the purpose of the selling of any Items on the App.
    3. The Services are made available solely for your personal, non-commercial use, unless AppiGo has agreed with you otherwise in a separate agreement.
3. Terms Relating to Use of Access Services
  1. Licence:

    2. AppiGo grants you for no consideration a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to access and use the App on your personal device solely in connection with your use of the Access Services; and (ii) AppiGo grants you for no consideration a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use any content, information and related materials that may be made available through the Access Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by AppiGo and their licensors.

  2. Restrictions:

    3. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Access Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Access Services except as expressly permitted by AppiGo; (iii) decompile, reverse engineer or disassemble the Access Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Access Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Access Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Access Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Access Services or its related systems or networks

  3. Third Party Services and Content: The App may be made available or accessed in connection with third party services and content (including advertising) that AppiGo does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such thirdparty services and content. AppiGo does not endorse such thirdparty services and content and in no event shall AppiGo be responsible or liable for any products or services of such thirdparty providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the App using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These thirdparty beneficiaries are not parties to this contract and are not responsible for the provision or support of the App in any manner. Your access to the App using these devices is subject to the terms set forth in the applicable thirdparty beneficiary’s terms of service
  4. Ownership.

    5. The Access Services and all rights therein are and shall remain AppiGo’s property. Neither these Terms nor your use of the Access Services conveys or grants to you any rights: (i) in or related to the Access Services except for the limited license granted above; or (ii) to use or reference in any manner AppiGo’s company names, logos, product and service names, trademarks or services marks or those of AppiGo’s licensors.

4. Your Use of the Services
  1. User Accounts
    1. In order to use most aspects of the App and thereafter utilise the Delivery Services, you must register for and maintain an active personal user AppiGo account ("Account"). You must be at least 18 years of age to obtain an Account. If you are below 18, you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Services, and your parent or legal guardian must read and agree to this agreement prior to you using the Services.
    2. Account registration requires you to submit to AppiGo certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or debit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password and OTP at all times. Unless otherwise permitted by AppiGo in writing, you may only possess one Account.
  2. User Requirements and Conduct.

    3. The Services are not available for use by persons under the age of 18. If you are below 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Services, and your parent or legal guardian must read and agree to this agreement prior to you using the Services. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Delivery Partner or any other party. In certain instances, you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.

  3. Commercial Electronic Messaging.

    4. By creating an Account, you agree that AppiGo or its affiliates may contact you by telephone or commercial electronic messages (including email, SMS, push notifications, or automatic telephone dialing system where applicable) as part of the normal business operation of your use of the Services. You agree that AppiGo and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are important for your experience.

  4. User Provided Content.
    1. AppiGo may permit you from time to time to submit, upload, publish or otherwise make available to AppiGo through the App textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to AppiGo, you grant AppiGo and its affiliates a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and AppiGo’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
    2. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant AppiGo the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor AppiGo’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
    3. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by AppiGo in its sole discretion, whether or not such material may be protected by law. AppiGo may, but shall not be obligated to, review, monitor, or remove User Content, at any time and for any reason, without notice to you.
  5. Network Access and Devices.

    6. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. AppiGo do not guarantee that the App, Delivery Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

5. General User Terms
  1. Orders

    2. When you place an order through the App, your order will be communicated to and processed by the relevant Merchant. Orders are subject to Merchant’s Item availability and Delivery Partner’s delivery capacity. The contract for the supply of Items you have ordered is formed between you and the Merchant when the Merchant accepts the order and we send you a notification of your order being accepted. You are responsible for paying for all Items ordered using your Account, and related delivery charges.

  2. Wrong Order, Missing/Inaccurate/Damaged Item

    3. If you believe that the Items that were delivered are a wrong order or there are missing, inaccurate or damaged Items in the order, please contact AppiGo on the Contact Centre number mentioned on the App and provide the relevant details within 48 hours after receipt of the order. Any information received after 48 hours will not be accepted. AppiGo may also request a photograph showing the problem. AppiGo will review the relevant information and unless there is reasonable cause to believe the problem was caused by you, AppiGo will provide a refund using the same method you used to pay for your order (save for cash payment where refund can only be made via credits to your Account) in respect of the affected part of the Item; and also in respect of delivery if the whole order was affected. Prior to processing your refund, AppiGo may take into account relevant factors including the details of the order, your Account history, what happened on delivery and information from the Merchant and Delivery Partner.

  3. Perishable/Non-Perishable Items
    1. For Items which are non-perishable, unopened and/or unspoilt, or non-personal hygiene products, you can return such Items within 7 days from the date of delivery. All other perishable Items, Items with fairly short shelf life or will expire shortly, customized products, newspapers periodicals or magazines, sealed personal hygiene products which have been unsealed after delivery and sealed audio, video recording or computer software which have been unsealed after delivery are non-refundable.
    2. For refunds of any such Item aforementioned, you can bring the Item(s) directly to the Merchant you placed the order from and present the receipt on your App. The Merchant reserves the final discretion on refunds based on the condition of the Item.
  4. Delivery
    1. Delivery
      1. The delivery time displayed at the top of your order is estimated and includes factors such as: (a) the time it typically takes the Merchant to accept and prepare an average order, and (b) the time AppiGo estimate it will take for the Delivery Partner to travel from the pick-up point to the delivery address.
      2. Delivery Partners do their best to deliver Items within the estimated delivery time. Actual delivery time may vary depending on how busy the Merchant is, the size of your order, traffic conditions, weather conditions and other factors
      3. Please ensure that an accurate delivery address and contact number are reflected in the App for your order to be delivered to the right location. If you would like to change the address after you have placed an order (before the Delivery Partner has been dispatched), AppiGo may be able to do so if your new address is within the delivery area of the Merchant. If the location is outside of the Merchant’s delivery area, and the Merchant has started Item preparation and/or Delivery Partner is on its way, you would be charged the full amount of the Item and delivery.
      4. If the delivery of your order is late or does not arrive and the delivery status is shown as incomplete, you can access the Contact Centre for an update on the status of the order. AppiGo will review the issue and if it is found that the issue did not arise due to any of your actions, AppiGo will provide a refund for any payment already made using the same method you used to pay for your order (save for cash payment where refund can only be made via credits to your account). AppiGo may also apply credits to your account to reflect the inconvenience caused.
      5. When the order is delivered to you, all risks associated with the Items and your order shall be transferred to you.
    2. Failed Delivery
      1. You must ensure that the delivery address provided by you has safe and available passageways to enable the Delivery Partner to successfully deliver the order to you. If there is no such passageway for Delivery Partner to access and Delivery Partner is unable to deliver the order, you would be charged the full amount of the Item and Delivery Services.
      2. Failed delivery may also take place if AppiGo and/or the Delivery Partner tries to contact you when the Delivery Partner arrives at the delivery address but you do not respond to incoming phone calls or text messages within 10 minutes of the Delivery Partner physically reaching your provided address. In this instance, the Delivery Partner is unable to complete the delivery and you will be charged you for the order.
  5. Cancellation
    1. Cancellation by You
      1. Cancelling before the Merchant accepts the order:

        2. You can cancel any time BEFORE the Merchant accepts the order through the App and receive a full refund for any payment already made.

      2. Cancelling after the Merchant accepts the order:

        3. If you would like to cancel an order AFTER an order has been accepted by a Merchant, you should contact our support team immediately or call the Merchant directly. Our support team will assist to contact the Merchant. If the Merchant confirms it has started preparing the order and is unable to accept the cancellation, AppiGo will not be able to issue you a refund. For cancellations that are done directly via the App, you will continue to be charged for the Item.

      3. Cancelling after the Delivery Partner is on his way to pick up your order

        4. If you would like to cancel an order AFTER a Delivery Partner is on his way to pick up your order, you will be charged for the Item and delivery charge.

      4. If you have selected cash as your payment method, the credit card on your Account will be charged before the next order can be placed.
    2. Cancellation by Merchants

      3. There may be instances where Merchants may cancel your order after accepting it because such Items are no longer available and/or there are no available Delivery Partners to deliver the order. In such instances, AppiGo will notify you through the App that the order is cancelled. You will not be charged for such cancelled orders, and AppiGo (on behalf of Merchants) will refund you for any payment already made using the same method you used to pay for your order. AppiGo may also apply credit to your account to reflect the inconvenience caused.

6. Payment and Tax
  1. Payment
    1. For each order via the App, you will pay for the cost of the Items (“Item Price”) to the Merchant and a delivery charge to AppiGo (collectively the “Charges”). The delivery charge may vary based on several factors (including demand and supply of Delivery Partners, distance and time of delivery, variable fees etc), but you will always see the Charges upfront so you can decide whether you would like to proceed with the order. Each Merchant has the discretion on how much they want to charge for their Items and the offers provided to you on the App, which may vary from what you see when you visit the Merchant.
    2. Payment for the Item Price is facilitated by AppiGo on behalf of the Merchant as its limited payment collection agent. Payment of the Item Price in such manner shall be considered the same as payment made directly by you to the Merchant. Charges will be inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by AppiGo. All Charges are due immediately and payment will be facilitated by AppiGo using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that AppiGo may, as the Merchant’s limited payment collection agent, use a secondary payment method in your Account, if available. In some cases, you can alternatively make your payment in cash directly to the Merchant by paying the Delivery Partner at the time of delivery. You may select such cash payment option on the App before you place your order.
  2. Promotional Codes.

    3. AppiGo may create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, and Items provided by a Merchant, subject to any additional terms that AppiGo establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by AppiGo ; (iii) may be disabled by AppiGo by providing you at least 2 days prior written notice; (iv) may only be used pursuant to the specific terms for such Promo Code ; (v) are not valid for cash; and (vi) may expire prior to your use. AppiGo reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that AppiGo reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

7. Disclaimer; Limitation of Liability; Indemnity
  1. LIMITATION SUBJECT TO LOCAL CONSUMER LAW
    1. Disclaimer.

      2. The services are provided "as is" and “as available.” AppiGo disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. AppiGo does not guarantee the quality, suitability, safety or ability of Merchants. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.

    2. Indemnity.

      3. You agree to indemnify and hold AppiGo and its affiliates harmless from any and all claims, demands, losses, liabilities, and expenses arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) AppiGo’s use of your User Content; or (iv) your violation of the rights of any third party, including Merchants and/or Delivery Partners ("Losses").

    3. Your liability under this clause shall be reduced proportionately if, and to the extent that, AppiGo directly caused or contributed to any such Losses.
8. Termination of Account
  1. AppiGo may restrict you from accessing or using the App, and AppiGo may restrict you from accessing or using the Delivery Services, or any part of them, immediately, without notice, in circumstances where AppiGo reasonably suspects that:
    1. you have, or are likely to, breach these Terms; and/or
    2. you do not, or are likely not to, qualify, under applicable law or the standards and policies of AppiGo and its affiliates, to access and use the Services.
  2. AppiGo may terminate these Terms or your access to the App, and AppiGo may terminate these Terms or any Delivery Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof:
    1. immediately, where AppiGo reasonably suspects that:
      1. you have, or are likely to, materially breach these Terms; and/or
      2. you do not, or are likely not to, qualify, under applicable law or the standards and policies of AppiGo and its affiliates, to access and use the Services; or
      3. on 2 days written notice to you, where AppiGo, acting reasonably, terminates these Terms or any Services for any legitimate business, legal or regulatory reason.
  3. You may terminate these Terms at any time, for any reason by calling the Call centre and successfully authenticating your details. In such event, your account will be immediately deactivated. After 15 days, your account will be permanently deleted. AppiGo may retain certain information after account deletion as required or permitted by law.
9. Governing Law; Dispute Resolution
  1. There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any "Dispute"). AppiGo or its affiliates operate a complaints process to allow you to make complaints about AppiGo, AppiGo or Merchants and/or Delivery Partners, and AppiGo also manages refunds to you in relation to those complaints. AppiGo or its affiliates will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint according to applicable consumer laws.
  2. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of Sri Lanka, excluding its rules on conflicts of laws. In the event of a Dispute, either party may file an action in a competent Court in Colombo.
10. Notice
  1. Notice.

    2. AppiGo may give notice by means of a general notice on the App, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to AppiGo by written communication to the address of AppiGo at No 50, Ward Place, Colombo 07.

  2. Claims of Copyright Infringement.

    3. Claims of copyright infringement should be sent to AppiGo’s designated agent. Please visit AppiGo’s web page at www.appiGo.co for the designated address and additional information.

  3. General.
    1. You may not assign or transfer these Terms in whole or in part without AppiGo’s prior written approval. You give your approval to AppiGo for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of AppiGo’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, AppiGo or any third party provider as a result of the contract between you and AppiGo or use of the Services.
    2. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law. In these Terms, the words "including" and “include” mean “including, but not limited to.”