Terms and Conditions

Ratification of the Agreement

By entering, connecting, using or creating an account on this website and its associated applications on iPhone, iPad, Android, and any mobile application (hereinafter collectively referred to as the 'Platform') including without limitation to any services offered on the Platform, you acknowledge that you have read and understood the following Terms and Conditions (collectively the 'Terms'), including these Terms, terms of our Privacy Policy available at www.Himmaapp.com and you agree to be bound by them and to comply with all the applicable laws and regulations regarding your use of the Platform. You acknowledge that these Terms constitute a binding and enforceable legal contract between yourself and foodonclick.com\Jordan P.S.C (hereinafter referred to as 'Himma', 'Company', 'we', 'us’, 'our') with reference to the use of this Platform. Please read these terms before ordering any items from our application. You become a user of the Platform ('User' or 'you'), by entering, using, browsing or registering on the Platform. As a User, you agree and undertake to comply with the provisions of these Terms. You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your Internet connection are aware of these Terms and that they comply with them. By viewing, using, accessing, browsing, or submitting any content or material on the Platform, you agree to these Terms as a binding legal agreement, without limitation or qualification. The term "you" or "You" shall include any person or entity, who views, uses, accesses, browses or submits any content or material to the Platform. If you do not agree to these Terms, then you may not use the Platform. Himma reserves the right to modify these Terms at any time without prior notice. You agree that each visit you make to the Platform shall be subject to the Terms as displayed, and your continued use of the Platform now or following the modifications in these Terms confirms that you have read, accepted, and agreed to be bound by such modifications.

Our Services

The Platform allows its Users who agree to the Terms to order from its partnered restaurants, vendors, groceries etc. that may be operated by third parties or affiliated companies (hereinafter referred to as the 'Merchants').

The purpose of this Platform is to provide a simple and convenient service to Users, linking them to Merchants in their area for delivery (our 'Service') to order a variety of goods including prepared meals, beverages, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as 'Goods'). Interactive options allow Users to build and submit orders at the click of a button. When you place an order from a Merchant, Himma acts as a facilitator on behalf of that Merchant to conclude your order from the Platform and to manage your experience throughout the order processing. We have created the Platform to serve as a marketplace for its Users.

Himma does not sell or interfere in any way in the production of any goods or service produced by the Merchants. What this online market offers to the Users is the ability to search for and find local Merchants that deliver or make these Goods available to their addresses and enables ordering them through this Platform. The Merchants are obligated to comply with the country's local laws, rules, regulations, and standards pertaining to goods and services preparation, sale, marketing and safety.

However, it is important for Users to understand that Himma does not in any way independently verify the credentials, representations or products of Merchants, the ingredients or the quality of any products, or that a Merchant is in compliance with applicable laws. Users must make themselves comfortable through information provided by Merchants on the Platform or as requested by Users directly from the Merchants as to the quality and reliability of the Merchants, as well as to their compliance with applicable laws.

We reserve the right, but are not obligated, to restrict or limit the sales of our Goods to any person, geographic region or jurisdiction. Due to the laws in some countries, we shall not offer for sale certain goods, or restricted items to you. Any offer for any Goods made on the Platform is void when it is prohibited by law.

Himma does not in any way guarantee the quality of any Goods or that any Goods comply with applicable laws and does not guarantee that the list of Goods displayed on the Platform matches what is actually provided to the Users. In addition, a Merchant may represent those goods and services preparation is in accordance with special standards, including through item labels, tags, or classifications displayed on the Platform, for example (including without limitation) “organic,” “macrobiotic” or allergen-specific standards such as (including without limitation) “nut-free”, “gluten-free”, or “lactose-free”. Any such tags, labels, or classifications are provided solely by the Merchant. However, Himma is not obligated to provide ingredient information or allergen information on the Platform. Further, Himma does not guarantee that the Goods sold by Merchants are free of allergens, unless otherwise required by applicable laws. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Merchant before placing an Order on our Platform, as Himma does not independently investigate or verify such representations or any related tagging or classification information.

Himma and the Merchants (as the case may be) reasonably endeavor to comply with your special instructions for an Order. However, in some cases where this is not feasible, possible or commercially reasonable, Himma and/or the Merchants reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Himma nor the Merchants shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.

Himma shall not be liable or responsible for any goods and services offered by Merchants that is unhealthy, is the cause of injury, that is otherwise unacceptable to Users or that does not meet the expectation of Users in any manner.Users are solely responsible for verifying the accuracy of delivery addresses, and Himma shall have no liability or responsibility for any such erroneous addresses. All goods and services preparation and deliveries are the sole responsibility of the Merchant accepting the order. Please be aware that the Merchant will do everything they can to meet the delivery time specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.

Creating an Account for the Platform

A User can create an account on the Platform and can determine their own 'user name' and 'password' which are determined by the User herself/himself. The "user name" is personal to the User and the same 'user name' is not given to two different Users. The 'password' is only known by the user. The user can change the password at any time. It is solely under the responsibility of the user to select and protect the password. Himma is not liable for any problems, which may arise from the use of password. Himma informs the user about the promotions, which take place in the user's area and from which the user may benefit, by emails. Himma may share your username and password with the third party companies for the purpose of providing our Service – for example, the phone number may be shared with the Merchant which deals with take-out goods and services, in order to provide a faster and correct delivery. For the user to connect to the services, which require an Account of the Platform, the user must enter the user name and password. This process is called 'login' to the Platform.

By using this Platform, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your User profile on the Platform or by contacting us, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

You are not allowed to register multiple Accounts for use by the same person. Violation of this clause may result in termination of your account. Users' passwords should be kept confidential at all times and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your Account. If you know or suspect that someone has knowledge of your password, then you should contact us immediately.

You may not use the Platform for any unlawful or unauthorized purpose, including without limitation to:

We expect a device to hold one User account only. We may allow service in such cases but we will not allow the use of promotions.

If you wish to delete your Account, please contact us via the Platform chat feature requesting the same.

How to make an order and how it works

Once you have selected your Goods from the list of your chosen Merchant you will be given the opportunity to submit your order by clicking on the 'Checkout' button (the 'Order'). Please note it is important that you check the information that you enter and correct any errors before clicking on the 'Checkout' button since once you click on this input, errors cannot be corrected. On receipt of your order, the Platform will begin processing your order and we will send an email and message on the final page that your order has been received and sent successfully to the Merchant. Where any payment you make is not authorized you will be returned to the previous page on the Platform and we shall not be obliged to provide the services.

Order Cancellation

You can cancel an order for a full refund until the order has been accepted by the Merchant. In the event that you need to cancel the order after it has been accepted by the Merchant, please contact us via the chat function on the Platform to cancel the order. Himma reserves the right to not issue full or partial refunds if you have canceled the order after it has been accepted.

An order may be subsequently canceled by a Merchant after you have received a confirmation that it has been sent to the Merchant. Himma and our partner Merchants reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation. Your order history will only hold your successful orders, and in case of failed online payment, the Order amount will be refunded to your Himma account as Himma credit unless you request a refund to the original source of payment account which will take place within 7-14 days as per your bank.

For non-food vertical orders, any cancellation, return, or refund of items or orders shall be in accordance with the consumer protection laws and regulations applicable in Jordan. For the avoidance of doubt non-food vertical orders means any order from a shop under groceries, flowers, electronics, health & beauty.

Delivery

You understand that the available goods offered by Himma may vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the Merchants that we make available to you at that time. Delivery areas may expand, shrink or change depending on different conditions such as: weather, traffic, situations of force majeure, etc.

Delivery Time

Himma shall deliver your Order to the delivery address provided by you. An estimated delivery time will be provided to you in your email confirmation as well as on the order tracking page. However, delivery times shall vary depending on factors that are not controllable (e.g., order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders' on the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.

If your Order contains Tobacco (if applicable) and you or the recipient is or appears to be below the legal age, or fails to provide a valid proof of ID, Himma reserves the right not to deliver your Order to you.

Unsuccessful or Failed Deliveries

Without prejudice to any other clauses in these Terms, in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

We will contact you via, among others, in-app call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, Himma reserves the right to cancel the Order without refund or remedy to you.

Pick-up Services

Pick-up Process

Where available as indicated on the Platform, you will have the option of collecting your Order in-person directly from the Merchant's premises ("Pick-Up") instead of having the Order delivered to You. Your email confirmation will indicate the time for you to take-out the Order ('Collection Time'). The Merchant will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Merchant agrees to hold the Order for you at the Merchant's premises for no more than a reasonable period of thirty (30) minutes from the Collection Time ('Holding Time') and shall not be obliged to provide the Order to you if you fail to take-out your Order within the Holding Time.

Pick-up Liability

In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Merchant, as a recipient of messages for Himma, before leaving the Merchant's premises.

Your Responsibilities

During the use of the services of the Platform, the User accepts and undertakes:

User Material

Acceptable Use Policy

You may not access or use the Platform for any other purpose other than that for which the Platform makes it available. The Platform is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the Platform. In case of any prohibited activities committed by the user, the company has the right to suspend, block or terminate the user's Account and prevent his access to log in the service. Prohibited activities include but not limited to the following:

Authority of Himma

Guidelines for Reviews

ACCEPTABLE CONTENT

NOT ENDORSED

OWNED BY HIMMA

Termination of Agreement

Refund Policy

Price and Payment

Payment Methods

Rider Tips

Rider Tip (as defined herein) is applicable for all orders except for cash-on-delivery orders and orders delivered by the Merchant. When you place an order on the Platform, you will have the option to pay a tip to the rider assigned to deliver your order ('Rider Tip'). Himma will collect payment for the Rider Tip using the payment method chosen by you for the order. The rider will receive the full amount of any Rider Tip you choose to make once the delivery is completed.

For orders canceled before delivery, Himma will process a refund of any Rider Tip paid by you to your Himma account as Himma credit or to the original payment method used for the order, as per your request. Refunds will require time to be processed by us, your credit card company and/or your bank. It can take anywhere from 7 - 14 business days (or even up to 30 days for overseas banks) for your refund to be processed and reflected in your account.

Rider Tips are not refundable once the order has been delivered by the rider.

If you have any questions or issues regarding your Rider Tip, please reach out to our customer support via email or the in-app chat feature available on the Platform.

Validity of Himma records

In the disputes which may arise in relation to their Terms, the User agrees, states and warrants that any bookkeeping entry, microfilm, microfiche and computer records constitute a valid, binding, absolute and exclusive evidence; this article has the characteristics of an evidential contract, and that the User waives in advance all kinds of objections to the specified Himma records and the right to tender an oath in relation to the fact that these records are kept in due form.

Governing law & competent

These Terms shall be governed by and construed in accordance with the laws of Jordan. Disputes arising in connection with these Platform Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Jordan.

Severability

If any part of these Terms deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

License

Himma grants you permission (which may be revoked at any time for any reason or no reason) to view the Platform and to download, email, share via social networking or print individual pages from the Platform in accordance with these Terms and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted.

You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Platform, except as specifically noted above. Except as specifically authorized by Himma, you may not deep-link to the Platform for any purpose or access the Platform manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Platform or any information, content, or material on the Platform. Himma reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Platform or any content contained therein, whether in whole or in part, without prior written consent from Himma. You may become a "fan" of the Platform or share links to the Platform via social networking technology reference on the Platform. Any rights not expressly granted herein are reserved.

Intellectual Property Rights

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material are the Intellectual Property of Himma and/or third parties who have authorized us with the right to use such proprietary rights (collectively the 'Intellectual Property'). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Intellectual Property in any way without our prior express written consent. The use of our Intellectual Property rights, including but not limited to the Himma's trademarks and copyrights to the Himma logo on any other website not approved by us is strictly prohibited. Himma will aggressively enforce its Intellectual Property rights to the fullest extent of the laws, including criminal prosecution. Himma neither warrants nor represents that your use of materials displayed on the Platform will not infringe or constitute a misappropriation of any rights of third parties not owned by Himma or its Affiliates. Use of any materials on the Platform is at your own risk.

Contribution License

By posting contributions to any part of the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to Himma an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Platform or the promotion thereof, to prepare derivative works of, or incorporate into other works, such contributions, and to grant and authorize sub licenses of the foregoing.Himma has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any contributions, (ii) re-categorize any contributions to place them in more appropriate locations or (iii) pre-screen or delete any contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

Links to and from other Platforms

As a courtesy to you, the Platform may offer links to other websites/applications. Some of these websites/applications may be affiliated with Himma while others are not. Himma is not responsible for the contents of any website/application pages created and maintained by organizations independent of Himma. Visiting any such third-party website/application pages is at your own risk. Himma has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Himma. By using the Platform, you acknowledge that Himma is responsible neither for the availability of, nor the content located on or through any third-party website pages.

Limitation of Liability

To the extent permitted by law, Himma provides this Platform and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Platform, or that it will be timely or error-free, that defects will be corrected, or that the Platform or server that makes it available are free of viruses or other harmful components. Subject to the previous paragraph, neither Himma nor its directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Platform. Nothing in these terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.

Merchants are solely responsible for the preparation, condition and quality of goods sold to you. In cases of Merchant Delivery, Merchants are responsible for delivery of the goods and/or Orders. Himma shall not be responsible or liable for any loss, damage, expense, cost or fees arising from your contractual relationship with the Merchant.

Indemnity

You agree to indemnify and hold Himma, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the Platform, with your submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Platform, your violation of these Terms, and any other acts or omissions relating to the Platform.

Amendments

Himma may amend these Terms at any time in its sole discretion, and the amended Terms shall be effective immediately upon posting, subject to applicable laws. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platform and/or any of its services immediately.

Disclaimer

The information, content, products, services, and materials available through the application (whether provided by Himma, you, other users or other affiliates/third parties), including without limitation, goods and services orders, submissions, text, photos, graphics, audio files, video, and links, are provided "as is" and "as available" without warranties of any kind, either express or implied. To the maximum extent permitted by law, Himma disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.

Prevailing Language

These terms shall be available in both English and Arabic. In case of any discrepancies between the two versions, the English version shall prevail.

Contact Us

For customer support, you may reach out to us via the Help Center available on the Platform.