Terms & Conditions
STANDARD TERMS OF CONDITIONS
Link Up is a business name registered under the Registration of Business Names Act and is owned by Mr Trevor Cupidon, your contracting entity.
We have given certain words a defined meaning. These are set out below:
"App(s)/Website(s) Services" means the services provided to you by Link Up, consisting of: (a) access to and use of Link Up's mobile application(s) and/or website(s) which enable you to request and receive Link Up Provided Services and/or Third Party Services; and/or (b) payment collection and payment processing services (including issuing invoices and receipts on behalf of Third Party Providers) allowing us to charge you and to pay charges into the bank account of Link Up or Third Party Providers, as the case may be, and Link Up may engage affiliates or third parties to provide these payment collection and payment processing services on its behalf.
“Booking” means a booking of Link Up Transportation Services.
“Legislation” means the Acts and any regulations made pursuant to the Acts.
“Link Up” means Link Up or any of its affiliates (“we” or “us”).
“Link Up Names, Marks or Works” means Link Up or its licensor’s company names, logos, products or service names, trademarks, service marks, trade dress, other indicia of ownership, or copyrights.
“Link Up Products” means Link Up Provided Services and Third Party Services.
“Link Up Provided Services” include, but are not limited to, provision of services in the field of transportation (including the Link Up Transportation Services), as well as provision of goods, delivery, logistics, mobility and the food and grocery industry, provided directly to you by Link Up, which will be subject to additional terms between you and us.
“Link Up Transportation Service” means the provision of the passenger journey which is the subject of a booking accepted by Link Up as set out in these Terms.
“Third Party Providers” are independent third parties and include, but are not limited to, independent transportation providers, travel providers, leisure providers, couriers, restaurants, logistics providers, and/or providers of other mobility services.
“Third Party Services” include, but are not limited to, services and goods in the field of transportation, travel, leisure, delivery, logistics, mobility, and the food or grocery industry, provided to you by independent Third-Party Providers. These are made available to you through your use of the App(s)/Website(s) Services.
These terms cover your access and use of Link Up’s App(s)/Website(s) Services and your use of Link Up Products (the “Terms”).
You must read carefully and agree to the Terms prior to accessing and using Link Up’s App(s)/Website(s) Services or Link Up Products. These Terms expressly supersede prior agreements or arrangements about the App(s)/Websites Services (as defined below) and Link Up Products between you and Link Up.
These Terms apply to the extent they do not conflict with any user and supplemental terms that specifically apply to Link Up's App(s)/Website(s) Services and Link Up Products. You will be asked to agree to any such terms separately.
By using Link Up's App(s)/Website(s) Services, you confirm you accept these Terms. If you do not agree to these Terms, you may not access or use Link Up’s App(s)/Website(s) Services. We recommend that you keep a copy of these terms for future reference.
If we have to contact you, we will do so by push notification from Link Up's mobile application, phone call, text message or email, using the details you provided to us on registration for Link Up's mobile application or through other prescribed means. When we use the words "writing" or "written" in these terms, this includes emails, texts and push notifications.
Unless otherwise agreed separately in writing, the App(s)/Website(s) Services and Link Up Products are made available to you for your personal non-commercial use in the Seychelles only.
Link Up Provided Services
The specific terms governing Link Up Provided Services, other than Link Up Transportation Services, may be set out in additional terms or a separate agreement. For Link Up Provided Services, Link Up is the service provider contracting directly with you.
Link Up is free to decide to accept or reject a request. Acceptance is communicated to you through Link Up’s mobile applications and/or websites and the related terms or agreement will set out when a direct contract forms between you and Link Up.
Third Party Services
For Third Party Services, Link Up acts as a disclosed agent between you and the Third Party Providers to enable them to provide the Third-Party Services to you. Link Up does not provide Third Party Services. All Third-Party Providers are independent third-party contractors, registered businesses or other legal entities who are not employed by or acting on behalf of Link Up.
When you are logged in, online and in the service area of a Third-Party Provider, you will be given information in Link Up’s mobile applications and/or websites about the Third-Party Services before you decide to make a request.
Third Party Providers are free to decide to accept, reject or ignore a request. Acceptance is communicated to you through telephonic or mobile communications, Link Up’s mobile applications, and/or websites and will give rise to a direct contract between you and the Third-Party Provider (for Third Party Services).
You may be asked to rate the Third-Party Provider whose services you requested. The Third-Party Provider may also be able to give you a rating. Although your rating by itself will not make you lose access to Link Up’s App(s)/Website(s) Services, Third Party Providers may see your rating in Link Up’s mobile applications and/or websites and this rating may affect whether or not they decide to provide Third Party Services to you.
The Third-Party Provider is responsible for any obligations that may arise from the provision of the Third-Party Services.
Charges and Payment
Charges for Link Up Provided Services and Third-Party Services.
If you make a request through telephonic or mobile communications, Link Up’s mobile applications and/or websites, you agree to pay the relevant charges as described in Link Up’s mobile applications and/or websites and will be responsible for any charges or fees linked to your account.
Depending on the Link Up Provided Service or Third-Party Service used, including, but not limited to, its location, the charges may be displayed on Link Up’s mobile applications and/or websites before a request is placed. In other cases, the charges will depend on your use of the Third-Party Services or Link Up Provided Services. We may provide an estimate of these charges. Please be aware that the final amount charged to you may be different from the estimate.
You may be charged supplementary charges, costs and/or fines, for your use or misuse of Link Up Provided Services and/or Third-Party Services (such as repair or cleaning fees).
In some cases, if the Link Up Provided Services or the Third-Party Services cannot be performed due to your action or inaction (for example, if you are not present at the pick-up or delivery location to receive a delivery), all charges may apply.
Once the Link Up Provided Service or the Third-Party Service has been provided, we may issue you with an invoice from Link Up or on behalf of the Third-Party Provider, as applicable. The invoice will include VAT, if applicable.
For more information about charges and supplementary charges, fees, costs and/or fines specific to the relevant Link Up Provided Service or Third-Party Service please consult Link Up’s mobile applications and/or websites.
The charges may be modified in Link Up’s mobile applications and/or websites from time to time.
The charges do not include tips. Where available, you may pay tips, either in person or through Link Up’s mobile applications and/or websites.
Unless otherwise agreed, all charges are due immediately upon a request being placed and payment will be facilitated by Link Up using the preferred payment method associated with your account, after which Link Up will send you a receipt by email. If your primary payment method is not able to be charged, Link Up may use a secondary payment method if available. If your payment method(s) are unavailable, we reserve the right to continue to try to take payment.
Charges are inclusive of applicable taxes including VAT unless specifically stated otherwise.
In some cases, you do not have the right to cancel the request for the Link Up Provided Services and Third-Party Services once it has been accepted. However, for certain Link Up Provided Services or Third-Party Services, Link Up or the Third-Party Service Provider (as appropriate) may allow you to cancel the request, but you may be charged a cancellation fee.
Link Up may refuse requests and cancel the Third-Party Services or Link Up Provided Services if there is reasonable doubt about the correctness or authenticity of the request or about the contact information. In this case too, a cancellation fee may be charged. We may also end any contract in place between you and Link Up.
See the Cancellation Policy.
You are free at all times to use the App(s)/Website(s) Services (where and when available) and may terminate these Terms and the App(s)/Website(s) Services by closing your account.
We may terminate these Terms and your access to the App(s)/Website(s) Services with immediate effect if we conclude that there is a breach by you of these Terms or any other agreement between you and Link Up for the provision of Link Up Products.
Link Up may, in its sole discretion, terminate these Terms or discontinue the App(s)/Website(s) Services at any time by giving you reasonable advance notice in writing.
If we cannot charge the relevant charges to your preferred payment method we may suspend or remove your access to the App(s)/Website(s) Services until payment is made.
You must immediately pay any outstanding charges due to Third Party Providers or Link Up by you upon termination. Any such charges will survive termination and we reserve all rights to collect payment after termination.
Your liability and Indemnity
You are liable for any damage suffered by us as a result of your violation of these Terms, your misuse of the App(s)/Website(s) Services and Link Up Products or your violation of any laws or third-party rights. You are liable for all activities conducted through your account unless such activities are not authorized by you and you are not otherwise negligent.
In order to have access to the App(s)/Websites(s) Services, you agree to indemnify, defend (at our option) and hold us and our respective officers, directors, and employees harmless from and against all claims, liabilities, expenses, damages, penalties, fines, social security contributions and taxes arising out of or related to a breach of these Terms, breach of applicable law or third party claims directly or indirectly related to your use of the Third Party Services and the Link Up Provided Services generally.
Limitation of Liability
Nothing in these Terms limits or excludes any liability which cannot legally be limited or excluded, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alters your rights as a consumer that cannot be excluded under applicable law.
Link Up, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable under or in relation to these Terms including, but not limited to, liability in contract, delict (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise for any of the following arising out of or in connection with the use of the App(s)/Website(s) Services and/or Link Up Products made available: (i) loss of profits; (ii) loss of sales or business; (iii) loss of agreements or contracts; (iv) loss of anticipated savings; (v) loss of use or corruption of software, data or information; (vi) loss of or damage to goodwill and (vii) indirect or consequential loss.
Link Up, its affiliates, directors, officers, employees, workers, agents and/or subcontractors are not liable for:
in relation to Link Up Transportation Services, any Booking that is not accepted or is otherwise cancelled by Link Up.
damages or losses arising from any transaction between you and a Third-Party Provider;
the availability and accuracy of the content, products or services of the Third-Party Provider; or
delay or failure in performance resulting from causes beyond our reasonable control.
Our total liability to you, arising out of these Terms or their subject matter, or in connection with the provision to you of the App(s)/Website(s) or Link Up Products, in contract, delict (including negligence, misrepresentation), breach of statutory duty, restitution or otherwise, shall not exceed one thousand rupees (SR 1,000), unless otherwise agreed in relation to a specific Link Up Product.
Link Up, and its affiliate entities, are not liable for business losses. Services are provided only for private use. If you use App(s)/Website(s) Services for any commercial or business purpose Link Up will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).
Link Up may change these Terms from time to time. We will inform you of changes within a reasonable time period. You will be bound by such changes upon their notification to you in Link Up’s mobile applications and/or websites and/or by email. If you do not agree with these changes, you are free to close your account.
The invalidity of any provisions in these Terms does not affect the validity and enforceability of the rest of these Terms. Any such invalid, illegal or unenforceable provisions shall be severed from this agreement.
We may assign, subcontract or transfer these Terms or any of our rights or obligations in them, in whole or in part, without your prior consent, provided this will not lead to a reduction of the rights you are entitled to by virtue of these Terms or by law. You may not assign, subcontract or transfer these Terms or any of our rights or obligations, in whole or in part, as your use of the Link Up’s App(s)/Website(s) is personal, unless agreed otherwise.
These Terms replace all previous agreements relating to your access and use of the App(s)/Website(s) Services. In addition, in the event of any conflict between these Terms and any previous agreements relating to your use of Link Up Transportation Services, these Terms shall prevail.
You may be required to accept additional terms to access or use the App(s)/Website(s) Services and/or Link Up Products. If there is a conflict between these Terms and the separate agreement, the latter will have precedence unless specified otherwise in the separate agreement.
There are no third-party beneficiaries to these Terms except as provided for in these Terms.
Dispute Resolution Process
In the event of a dispute, we would ask you to raise a complaint using the contact details provided. In the unlikely event that we cannot resolve the dispute, we will work with you to discuss a way forward to resolve the dispute. Link Up's right to refer the dispute to a court is expressly reserved.
Governing Law and Jurisdiction
These Terms shall be exclusively governed by and construed in accordance with the laws of Seychelles.
By accessing and using the App(s)/Website(s) Services you accept these Terms
By accessing and using the App(s)/Website(s) Services in another country, your access and use may be subject to country-specific terms.
Your access to and use of the App(s)/Website(s) Services
Link Up’s mobile applications and/or websites can be downloaded or accessed on most modern mobile devices with an internet connection and equipped with popular operating systems such as Android or iOS.
You are responsible for obtaining the network access necessary to use the App(s)/Website(s) Services and are responsible for any rates and fees from your mobile network provider, including from data consumption while using Link Up’s mobile applications and/or websites. You are also responsible for obtaining compatible devices and operating systems necessary to use the App(s)/Website(s) Services, including any software or hardware updates.
We provide the App(s)/Website(s) Services “as is” and “as available.” The App(s)/Website(s) Services, or any related digital content, may be subject to limitations, delays, and/or other problems inherent to the use of the internet and electronic communications and are not guaranteed to be available, uninterrupted or error free at all times. Link Up may suspend or withdraw or restrict the availability of all or any part of the App(s)/Website(s) Services for business and operational reasons. Link Up will try to give you reasonable notice of any suspension or withdrawal.
To use the App(s)/Website(s) Services in the Seychelles, you must register in Link Up's mobile applications and/or websites and set up an account and you must be eighteen (18) or older. To use the App(s)/Website(s) Services in the Seychelles you must be eighteen (18) or over. The terms governing specific Link Up Provided Services or Third-Party Services may impose different age requirements.
You must provide us with certain personal information to register and set up your account, including your phone number and email address. To use the App(s)/Website(s) Services, Link Up Provided Services or certain Third-Party Services, you may need to provide at least one valid payment method (that is, a credit card, debit card or any other accepted payment method). You may need to provide additional information and documents before using certain Link Up Provided Services or Third-Party Services, such as your address.
You are under no obligation to log in to, or use, Link Up’s mobile applications and/or websites. If you choose to stop using Link Up’s mobile applications and/or websites you may do so without giving us any notice. You further agree that Third Party Providers are under no obligation to log in to, or use, Link Up’s mobile applications and/or websites.
Link Up may temporarily restrict your access to and use of the App(s)/Website(s) Services if there is a suspected breach of your obligations or otherwise of these Terms, including where we receive a complaint in relation to fraud. There may be circumstances in which we are unable to provide you with information about the complaint whilst an investigation is ongoing (by us and/or a third party such as the police).
Your Obligations when using the App(s)/Website(s) Services
When using the App(s)/Website(s) Services, you must comply with all applicable laws. You may only use the App(s)/Website(s) Services for lawful purposes and for the purposes for which they were intended as otherwise referenced in these Terms. You must not misuse Link Up’s mobile applications and/or websites or attempt to defraud either us or Third-Party Providers. For more information about what is expected from you, please consult our Community Guidelines.
You must provide accurate and complete information when you register an account and when using the App(s)/Website(s) Services.
Your account is personal to you. Your account cannot be licensed or shared unless expressly permitted by Link Up. Once you have set up an account, you:
may not register more than one account unless we agree otherwise in writing;
may not allow third parties to use your account or transfer your account to a third party;
must keep your account information accurate, complete and up-to-date;
must keep your login details safe and confidential at all times; and
must tell us immediately if you have any reason to believe that someone else knows your username or password or if you suspect that someone else is using your account.
You will be responsible for paying any fees or charges that may be incurred as a result of the provision of Link Up Provided Services or Third-Party Services requested through your account.
You must not, in your use of the App(s)/Website(s) Services, cause any nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider, Link Up or any other party.
You will not be charged for using the App(s)/Website(s) Services. However, we reserve the right to introduce a usage charge, in which case you will be informed in writing and given the opportunity to terminate these Terms before any such charge is introduced. If you choose to terminate these Terms, you will no longer be able to access or use the App(s)/Website(s) Services.
We reserve the right to introduce a fee, and we will inform you, for specific features on Link Up's mobile applications and/or websites, in which case you can decide if you wish to proceed. These may be subject to separate terms, which Link Up will make available to you at the time.
What if there's a problem with my App(s)/Website(s) Services?
If there is a problem with the App(s)/Website(s) Services, or if you have a complaint, please contact us on the details set out.
Do not rely on information made available to you on the App(s)/Website(s) Services.
Although Link Up makes reasonable efforts to update the information provided through the App(s)/Website(s) Services, Link Up makes no representations, warranties or guarantees, whether express or implied, that the content on the mobile applications and/or websites is accurate, complete or up to date.
Ownership of and rights in the App(s)/Website(s) Services
Link Up reserves all rights not expressly granted in these Terms. The App(s)/Website(s) Services, Link Up's devices and all data gathered through Link Up’s mobile applications and/or websites (including all intellectual property rights in all of the foregoing) are and remain Link Up's property or the property of Link Up's licensors.
You may not, and may not allow any other party to: (a) license, sublicense, copy, modify, distribute, create, sell, resell, transfer, or lease any part of Link Up’s mobile applications and/or websites; (b) reverse engineer or attempt to extract the source code of Link Up’s mobile applications and/or websites except as allowed under law; (c) launch or cause to launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of Link Up’s mobile applications and/or websites or data; (d) use, display, or manipulate any of Link Up Names, Marks, or Works for any purpose other than to use the App(s)/Website(s) Services; (e) create or register any (i) businesses, (ii) URLs, (iii) domain names, (iv) software application names or titles, or (v) social media handles or profiles that include Link Up Names, Marks, or Works or any confusingly or substantially similar mark, name, title, or work; (f) use Link Up Names, Marks, or Works as your social media profile picture or wallpaper; (g) purchase keywords (including, but not limited to Google AdWords) that contain any Link Up Names, Marks, or Works; or (h) apply to register, reference, use, copy, and/or claim ownership in Link Up’s Names, Marks, or Works, or in any confusingly or substantially similar name, mark, title, or work, in any manner for any purposes, alone or in combination with other letters, punctuation, words, symbols, designs, and/or any creative works; except as may be permitted in the limited license granted under this agreement.
Subject to your compliance with these Terms, we grant you a personal, worldwide, non-exclusive, non-transferable, revocable, non-sublicensable license to install and/or make use of Link Up’s mobile applications and/or websites on your device solely for your use and for you to access and use information made available through Link Up’s mobile applications and/or websites. Any rights not expressly granted herein are reserved by Link Up and Link Up’s licensors.
LINK UP TRANSPORTATION SERVICES
Service Provider of Link Up Transportation Services
For Link Up Transportation Services in the Seychelles, you will be contracting with the Link Up.
A booking request made by you can only be accepted by a person that holds a lawful passenger transportation license.
Link Up Contract with you for Link Up Transportation Services
A request for a Booking constitutes an offer by you to purchase Link Up Transportation Services in accordance with these Terms. This Booking request will set out the main characteristics of the Link Up Transportation Services (including pick up and drop off points). Your offer shall only be accepted when Link Up issues written confirmation of the relevant Link Up Transportation Service via text message, email or push notification from Link Up's mobile application, at which point and on which date and time a contract for Link Up Transportation Services to which the Booking relates shall come into existence (“Contract “). There is no obligation on us to accept a Booking and it may be declined for any reason. If a driver becomes unavailable after we have provided you with written confirmation of the Contract, we will endeavor to find you another driver for your Booking. Where an alternative driver cannot be found, we reserve the right to terminate the Contract without compensation to you.
We will inform you of the estimated time of driver arrival and estimated time of journey completion, but these are estimates only and time shall not be of the essence. If we cannot accept your Booking request, we will inform you of this and will not charge you for Link Up Transportation Services. Your Contract will end when the passenger journey ends or as otherwise may be provided for in these Terms.
The price for the Contract (which will include VAT, if applicable) will be provided to you via Link Up’s mobile applications and/or websites before you place your Booking request. This may include relevant surcharges. You may be charged a different amount than the price provided in certain situations, including but not limited to, material changes to the pick/up drop off point, route taken, driver waiting time, stops or traffic. In this situation, the rates that will apply will be available to you via Link Up's mobile application and/or websites. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services. More information can be found here. Additional charges may also apply, for instance if you, or any passenger, soils, contaminates, or damages a vehicle, in which case you may be charged for such damage.
Our accepted payment methods are set out on our App. When you make a Booking request, Link Up may need to verify your payment method by issuing a temporary authorisation hold from your bank. When Link Up has completed the Link Up Transportation Services, if you think a payment is incorrect, please contact us promptly to let us know.
You can make changes to your Contract through Link Up's mobile application. It will confirm if the change is not possible.
Link Up and its affiliates may make changes to its Link Up Transportation Services at any time, including to reflect changes in relevant laws and regulatory requirements.
Your right to cancel a Contract depends on when you decide to end the Contract. Please see our Terms for Cancellation of a Contract as well as our Cancellation Policy for Rides. If Link Up is not at fault, and you do not have a right to change your mind, you can still end your Contract, but you may be charged a cancellation fee in accordance with our cancellation policy. To cancel your Contract, please follow the steps on the Link Up's mobile application. Link Up will make refunds due to you as soon as possible, where applicable.
Link Up may end your Contract in certain circumstances, as provided for in these Terms. If Link Up ends the Contract, Link Up will refund any money you have paid in advance but it may deduct or charge you as compensation for the net costs it incurs if you have broken the terms of the Contract.
Link Up also provides to you certain booking services which include:
Accepting Bookings requested by you (which include Bookings requested in advance by you in the Link Up app), but without prejudice to Link Up's rights at its sole and absolute discretion to decline any such request and/or cancel an accepted Booking;
Keeping records of Bookings;
Remotely monitoring transportation services booked using the Link Up app;
Receiving and dealing with feedback, questions and complaints from you relating to Bookings accepted by Link Up; and
Managing any lost property queries,
(together the "Booking Services").
If there is a problem with Link Up Transportation Services, or if you have a complaint, please contact us on the details set out.
Please note, however, that all passenger transportation vehicles are required by law to hold and valid licences and insurance in order for drivers to legally carry and transport passengers. If your problem relates to a motor incident, please contact us for your driver's insurance details in order to progress matters. We will not be liable for any matters covered by your driver’s insurance unless and until you have exhausted all potential remedies related to motor accidents.
If Link Up, or its affiliate entities, are liable to you in connection with the Booking Services or Link Up Transportation Services, its liability, insofar as is permitted by law, will be limited to an amount equal to SR 1,000 in aggregate.
Link Up Seychelles, and its affiliate entities, are not liable for business losses. Link Up Transportation Services are provided only for private use. If you use Link Up Transportation Services for any commercial or business purpose Link Up will have no liability to you for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms).
Link Up does not exclude or limit its liability in any way to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, workers, agents or subcontractors; for fraud or fraudulent misrepresentation and for breach of your legal rights in relation to the Link Up Transportation Services.
DELIVERY SERVICES AGREEMENT
This Delivery Services Agreement (the "Terms") sets forth relevant terms and conditions governing the provision of Delivery Services for items ordered via Link Up, and your relationship with Link Up where you request it to provide Delivery Services as described below.
In order to request Delivery Services all Link Up users must accept these Terms. By requesting Delivery Services, you confirm that you accept these Terms. These Terms will apply to all subsequent orders you place for Delivery Services.
You will be notified about any changes to the Terms by e-mail and a new version will be made available online. When accessing or using the Delivery Services, you consent to be bound by the Terms, as amended, at the time you use the Delivery Services.
These Terms are additional to the terms you have entered into in relation to your use of Link Up's app/website services ("User Terms").
These Terms will apply to your use of Link Up via any means (including orders placed on the Link Up App or other methods of communication accepted or authorized by Link Up), when we use the term “Link Up App” in these Terms, that term includes any App or website on which you order via Link Up.
Use of the Link Up App
To use the Link Up App to order food, beverages, or other items ("Items") from restaurants or other businesses ("Merchants"), you must first register for and maintain an active personal user services account in accordance with the User Terms ("Link Up Account").
With regards to the registration for an Link Up Account, the use of the Link Up and your Link Up Account, the User Terms shall be solely applicable.
Link Up may decide according to its reasonable business discretion whether or not to accept your registration for an Link Up Account. Once your registration has been accepted, you will be provided access to the Link Up App.
Use of the Delivery Services
Once you have been provided access to the Link Up App, you may place orders for Items. Please note, the description of the Items available on the Link Up Eats App is based on the information provided by the relevant Merchant. You may request that Items be delivered ("Delivery Services").
Your Items may be delivered either by Link Up (“Link Up Delivery”) or by the Merchant (“Merchant Delivery") depending on the Merchant you have selected.
In the case of a Link Up Delivery, you will contract with and be charged by Link Up for the Delivery Services. Link Up will request an independent contractor (a “Delivery Partner”) to collect Items from the Merchant and deliver such items to you on Link Up’s behalf.
In the case of a Merchant Delivery, you will contract with and be charged by the Merchant for the Delivery Services. The Delivery Services will be performed by employees, contractors, workers or agents of the Merchant who provide Delivery Services on a Merchant’s behalf, not arranged by Link Up.
In other cases, such as a Pickup order, you may place orders for Items via the Link Up which do not require the use of Delivery Services.
Link Up Delivery is an Link Up Provided Service, as referred to in the User Terms.
In the case of a Link Up Delivery, Link Up will endeavor to ensure that your Items will be delivered to you as soon as reasonably possible. We 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. Link Up reserves the right to refuse to accept and/or complete an Link Up Delivery if the delivery point is inappropriate or difficult to get to.
Delivery Services are offered in designated areas as communicated via the Link Up App from time to time (“Delivery Service Area”). Link Up does not guarantee that the Delivery Services will be available in the Delivery Service Area at all times.
You and Link Up may terminate these Terms or the Delivery Services if the other party violates the provisions of these Terms. Subject to this agreement, you can terminate these Terms by writing to us or by no longer requesting Delivery Services. Link Up may suspend all or part of the Delivery Services, and otherwise, operate or discontinue the Delivery Services.
You may cancel your order until the Merchant has accepted your order. Once the Merchant has accepted your order, you will no longer be able to cancel and you will be charged full price for your ordered Items. If you cancel your order after the delivery has begun, you will also be charged full price for Delivery Services.
If either a Link Up Delivery or Merchant Delivery fails for reasons attributed to you (for example, you were not available when your Items were delivered to you) you may be charged full price for both Items and Delivery Services.
If Link Up cancels the Delivery Services for any reason not attributed to you, you will be entitled to a refund for any Fees paid.
Payment for the Delivery Services
The price of the Delivery Services (the “Fees”) will be determined based on the price shown in the Link Up Eats App before you place your order for Delivery Services. All fees are in Rupees and include VAT.
You shall pay any Fees for Delivery Services via one of the payment options (which will always include credit or debit card) as offered by Link Up from time to time. When you place an order for Items, Link Up may need to verify your payment method by issuing a temporary authorization hold from your bank. When your order has been completed, if you think a payment is incorrect, please contact us promptly to let us know.
If you are unhappy with a Link Up Delivery, your sole recourse will be with Link Up. Link Up will provide refunds for a substandard Link Up Delivery at its sole discretion.
Without prejudice to any separate right to suspend your Link Up Account, insofar as a fee payment cannot be honored because of insufficient funds, Link Up shall be entitled to suspend your access to Delivery Services by blocking the Link Up App until your selected payment method is affecting payments.