Through our Platforms, Sheikh's Kitchen links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Vendors (“Order”), Sheikh's Kitchen acts as an agent on behalf of that Vendor to facilitate,
process and conclude the order and subsequently for either us or the Vendor to deliver your order to you. Vendors may be owned and operated by third-party vendors, our affiliate companies, or us.
1 Amendment:
Sheikh's Kitchen may amend these Terms at any time at its sole discretion. 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 Platforms immediately.
2 Intellectual Property:
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Sheikh's Kitchen and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Sheikh's Kitchen's trademarks on any other website not approved by us is strictly prohibited. Sheikh's Kitchen will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Sheikh's Kitchen neither warrants nor represents that your use of materials displayed on the Platforms will not infringe the rights of third parties not owned by or affiliated with Sheikh's Kitchen. Use of any materials on the Platforms is at your own risk.
3 Security:
At Sheikh's Kitchen, we take both privacy of our customers and the security of customer data very seriously. Establishing trustful relationships with our customers is what we are constantly aiming for. As a company, we are also striving for the best experience on our website and constantly developing new and innovative delicious Food. Having said this, we feel obliged to implement the strongest measures to protect the data of our customers. To live up to our own standards, we work closely together with external experts of the security industry and are very ambitious when it comes to finding solutions to all of the issues that are reported to us. Besides those measures and having set up strong internal teams we also believe in the power of the open web and the many security researchers out there. We encourage everyone to contact our security department if you believe to have detected any security issue.
4 Indemnity
You agree to indemnify, defend, hold harmless Sheikh's Kitchen's, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.
5 Restrictions on Goods
5.1 Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.
5.2 Alcohol / Alcoholic Products (“Alcohol”)
To purchase Alcohol, you must be of the statutory legal age. Sheikh's Kitchen, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
5.2.1 to ask for a valid proof of age (e.g. ID card) to any persons before they deliver Alcohol;
5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or
5.2.3 to refuse delivery to any persons for any reason whatsoever.
5.3 Cigarettes/Tobacco Products (“Tobacco”)
5.3.1 We may offer Tobacco on some of our Platforms where the laws allow. By offering Tobacco for sale on our Platforms, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way.
5.3.1 To purchase Tobacco, you must be of the statutory legal age. Sheikh's Kitchen, the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:
to ask for a valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;
to refuse delivery if you are unable to prove you are of legal age; and/or
to refuse delivery to any persons for any reason whatsoever.
5.4 Any offer for any Alcohol and Tobacco made on the Platforms is void when it is prohibited by law.
6 Orders:
6.1 When you place an Order with Sheikh's Kitchen, Sheikh's Kitchen will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
6.2 Minimum Order Value - Some of our vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
6.3 Special Instructions – Sheikh's Kitchen and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, Sheikh's Kitchen and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Sheikh's Kitchen nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
6.4 Allergens – Sheikh's Kitchen is not obligated to provide ingredient information or allergen information on the Platforms. Further, Sheikh's Kitchen does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platforms.
6.5 Please note that your order may be subject to additional terms and conditions provided by the Vendor.
6.6 Prior to placing the Order
6.6.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.
6.6.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.
6.7 Placing the Order
To complete an order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.
6.8 Cancelling an Order
6.8.1 Please contact us immediately via our in-app customer support chat feature if you wish to cancel your order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order.
6.8.2 Refunds
(i) Online Payment Orders
You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order. (ii) Cash-on-Delivery Orders
You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.
6.9 Sheikh's Kitchen reserves the right to cancel any Order and/or suspend, deactivate or terminate your Sheikh's Kitchen account in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your Sheikh's Kitchen account and/or with your Order.
7 Prices and Payments
7.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept the offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets).
7.2 The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may:
7.2.1 include GST, VAT or such other equivalent tax; or
7.2.2 exclude GST, VAT or other equivalent tax. A breakdown of the prices and additional charges are displayed before checkout. When you place an order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.
7.3 Delivery fees are chargeable on every Order unless:
7.3.1 you opt to collect your Order directly from the Vendor (“Pick-Up”);
7.3.1 you have a valid promotional or discount voucher and apply it at Checkout; or
7.3.3 unless stated otherwise.
7.4 Prices indicated on the Platforms areas at the time of each Order and may be subject to change.
7.5 You can choose to pay for an order using any of the different payment methods offered on the Platforms including:
7.5.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal, Apple Pay;
7.5.2 Cash-on-Delivery; or
7.5.3 Such other payment methods we offer from time to time.
7.6 If you have existing credit in your Sheikh's Kitchen account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.
7.7 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.
7.8 Payment Methods
Sheikh's Kitchen reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card/payment information will be stored with our third-party payment service provider(s) for future orders. Sheikh's Kitchen does not store your credit card or payment information.
7.9 You must ensure that you have sufficient funds on your credit and debit card to fulfil the payment of an Order. Insofar as required, Sheikh's Kitchen takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
8 Delivery, Pick-Up and Vendor Delivery
8.1 Delivery Areas
You understand that our Vendors offer their Goods in specific delivery areas and our Vendors vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.
8.2 Delivery Time
8.2.1 Sheikh's Kitchen shall deliver your order to the delivery address provided by You. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (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 Platforms. 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 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 Alcohol or 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, Sheikh's Kitchen reserves the right not to deliver your order to you.
8.3 Unsuccessful or Failed Deliveries
8.3.1 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:
(i) no one was present or available to receive the Order; or
(ii) customer was uncontactable despite attempts to reach the customer via the phone number provided; or
(iii) lack of appropriate or sufficient access to deliver the Order successfully;
(iv) lack of a suitable or secure location to leave the Order; or
(v) in the case of Restricted Goods, the customer did not meet the statutory age requirements or delivery did not deem it safe or appropriate for the customer to receive the Restricted Goods.
8.3.2 No-show Cancellations
If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the order arrives at your delivery address, Sheikh's Kitchen reserves the right to cancel the order without refund or remedy to you.
8.4 Wrong Order, Missing Items, Defective Goods
Upon receipt of your order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated in Clause 1.3 above immediately. In some cases, Sheikh's Kitchen may request photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
8.5 Order Pick-Up
8.5.1 Where available, you will have the option of collecting your Order in-person directly from the Vendor’s premises ("Pick-Up") instead of having the Order delivered to You. Your email confirmation will indicate the time for you to Pick-Up the Order (“Collection Time”). The Vendor will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Vendor agrees to hold the Order for you at the Vendor’s premises for no more than a reasonable period of twenty (20) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to Pick-Up your Order within the Holding Time.
8.5.2 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 the condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a replacement, 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 Vendor before leaving the Vendor’s premises.
8.6 Vendor Delivery
In some cases, our Vendors will deliver the Order to you (“Vendor Delivery”). While we will use reasonable efforts to provide prior notice to you on Vendor Delivery, this may not always be possible. Where Vendor Delivery applies, we may ask you to contact the Vendor directly in the event of issues or delays in your delivery. Sheikh's Kitchen shall not be responsible in any way for Orders or Goods that are delivered by Vendors.
10 Representations, Warranties and Limitation of Liabilities
10.1 Representations and Warranties
You acknowledge and agree that the content on the Platforms is provided on an “as is” and “as available” basis and that your use of or reliance upon the Platforms and any content, goods, products or services accessed or obtained thereby is at your sole risk and discretion. While Sheikh's Kitchen makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner that is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to the internet or electronic communications or events of force majeure. Limitation of Liability
To the extent permitted by law, Sheikh's Kitchen (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Sheikh's Kitchen entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Sheikh's Kitchen entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Sheikh's Kitchen, the Sheikh's Kitchen entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
10.3 Vendor’s representations
Sheikh's Kitchen shall neither be liable for actions or omissions of the Vendor nor you in regard to the provision of the Goods and where Vendor Delivery applies to your Order. Sheikh's Kitchen does not assume any liability for the quantity, quality, condition or other representations of the Goods and/or services provided by Vendors or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from Vendor’s gross negligence or willful misconduct. Contact Us
If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email or via our in-app customer support chat feature.
