DELIVERYMALL TERMS OF USE AND END-USER LICENCE AGREEMENT
Effective date: 6 August 2026
Version: 2026.08.06
Governing law: Laws of the Republic of Kenya
These Terms of Use and End-User Licence Agreement ("Terms") form a legally binding agreement between you and DeliveryMall Enterprise Limited, operating from Oginga Odinga Road, Kisumu, Kenya ("DeliveryMall", "we", "us" or "our").
These Terms govern your access to and use of the DeliveryMall customer application, Vendor application, Delivery Partner application, website, marketplace, delivery, parcel, errand, pharmacy, grocery, food, e-commerce, rental and related services (together, the "Platform").
By selecting I Agree, creating an account, placing an Order, downloading an Application or otherwise using the Platform after these Terms are presented to you, you confirm that you have read, understood and accepted these Terms and the DeliveryMall Privacy Policy.
Do not use the Platform if you do not agree to these Terms.
1. ELIGIBILITY
1.1 Age and legal capacity
You must be at least eighteen years old and legally capable of entering into a contract to create a DeliveryMall account or independently place an Order. A person below eighteen may use the Platform only under the supervision of a parent or legal guardian who accepts responsibility for the activity.
Age-restricted or regulated products may only be ordered and received by a person who meets the applicable legal age and identification requirements.
1.2 Organisational authority
Where you use DeliveryMall on behalf of a company, institution, Vendor, employer or other organisation, you confirm that you have authority to accept these Terms on its behalf.
1.3 Accurate information
You must provide accurate, complete and current registration, contact, delivery and payment information. DeliveryMall may refuse, restrict or suspend an account where information is materially inaccurate, fraudulent, misleading or unverifiable.
2. DEFINITIONS
Application means any mobile application, web application or software operated under the DeliveryMall name.
Customer means a person or organisation purchasing goods, requesting a delivery, sending a parcel, booking a rental or requesting an errand or other service.
Delivery Partner means a rider, driver, courier, employee, contractor or authorised logistics provider assigned to fulfil an Order.
Order means a request for goods, delivery, parcel transportation, rental, errand or another service made through the Platform.
User means a Customer, Vendor, Delivery Partner or any other person accessing the Platform.
Vendor means a merchant, restaurant, pharmacy, supermarket, retailer, service provider, rental provider or other person offering goods or services through DeliveryMall.
3. DELIVERYMALL'S ROLE
3.1 Marketplace and logistics platform
DeliveryMall operates a technology-enabled marketplace and logistics platform through which Customers may browse goods and services, place Orders, make electronic payments, request delivery or errands, send parcels, book rentals, track Orders and communicate about fulfilment.
3.2 Identifying the seller or provider
The Vendor or service provider responsible for a product or service will normally be identified in the Application, Vendor page, checkout or Order confirmation.
Where DeliveryMall is expressly identified as the seller or provider, DeliveryMall is responsible for that transaction. Where an independent Vendor is identified, the Vendor is responsible for its product descriptions, legality, quality, preparation, packaging, safety, availability and conformity with the Order. DeliveryMall remains responsible for its own acts, omissions and delivery obligations to the extent required by law.
3.3 Delivery Partners
Delivery Partners may include DeliveryMall employees, contractors or authorised third-party logistics providers. The employment or contractor status of a Delivery Partner is governed by the applicable employment, contractor or service agreement and not by these Customer-facing Terms.
3.4 Availability
DeliveryMall does not guarantee that every Vendor, product, service, payment method or delivery option will be available in every location. Availability may vary based on service area, working hours, demand, stock, road conditions, safety, weather and operational capacity.
4. LIMITED LICENCE
Subject to these Terms, DeliveryMall grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to install and use the Application for its intended purpose.
You may not:
copy, sell, rent, lease, distribute or sublicense the Application;
reverse engineer, decompile or attempt to obtain source code except where law expressly permits it;
bypass authentication, access controls or security features;
interfere with Platform operation, dispatch, pricing, GPS or payment systems;
scrape or extract Platform information through automated means without written permission;
create derivative software using DeliveryMall code, content or branding;
use the Application to build or train a competing service without written permission; or
remove ownership, trademark or copyright notices.
The licence ends when your account is terminated or you stop using and uninstall the Application.
5. USER ACCOUNTS
5.1 Registration
Certain features require an account. Depending on the account type, DeliveryMall may collect your name, phone number, email address, delivery addresses, location, organisation details, identification information, Vendor documents, Delivery Partner documents and payment information.
5.2 Account security
You are responsible for maintaining the confidentiality of your password, verification codes and account credentials. Notify DeliveryMall immediately if you believe your account, telephone or credentials have been compromised or an unauthorised Order has been placed.
You must not sell, transfer, rent or share an account in a manner that compromises security or identity verification.
5.3 Verification
DeliveryMall may verify a phone number, email address, identity, age, prescription, Vendor licence, driving licence, vehicle details or payment information where reasonably necessary for service delivery, safety, fraud prevention or legal compliance.
5.4 Guest access
Where browsing is available without an account, some functions may remain unavailable until the User provides information required to complete an Order.
6. ACCOUNT DELETION
6.1 In-app deletion
A User may initiate deletion of the entire DeliveryMall account through:
Profile or Menu > Settings > Account > Delete Account
DeliveryMall may require reauthentication or one-time-password verification to confirm that the request is made by the account owner.
6.2 Web deletion
A User may also request deletion through the public web resource at:
https://www.deliverymall.co.ke/data-deletion
DeliveryMall will not require a User to telephone customer care merely to initiate deletion.
6.3 What deletion covers
A verified deletion request will result in deletion or irreversible anonymisation of account profile information, saved addresses, authentication credentials, preferences and other personal data associated with the account, subject to the lawful-retention exceptions below.
6.4 Information retained for lawful reasons
DeliveryMall may retain limited records where necessary for tax and accounting compliance, completed transaction evidence, fraud prevention, security investigations, unresolved payments or refunds, legal claims, court orders or regulatory obligations.
Tax and accounting records may be retained for at least five years from the end of the relevant reporting period, or longer where a proceeding, investigation or other legal obligation requires it. Retained records will be access-restricted and will not be used for unrelated marketing.
6.5 Processing period
DeliveryMall aims to complete verified deletion requests within thirty days. Where active Orders, disputes, refunds or legal retention obligations prevent immediate completion, DeliveryMall will explain the status to the User.
Deleting the Application from a device does not delete the account.
7. PRIVACY, LOCATION AND DEVICE PERMISSIONS
7.1 Privacy Policy
DeliveryMall processes personal information under the DeliveryMall Privacy Policy available at https://www.deliverymall.co.ke/privacy-policy. The Privacy Policy forms part of these Terms.
7.2 Location information
Location access may be used to identify nearby Vendors, confirm pickup and delivery addresses, calculate distance and charges, assign a Delivery Partner, provide navigation, display live Order progress, prevent fraud and confirm delivery.
DeliveryMall will request location only when relevant to a feature. A Customer who declines location permission may manually enter an address where the service can reasonably function without device location.
7.3 Delivery Partner background location
The Delivery Partner Application may collect location while the Delivery Partner is available for assignment, travelling to a pickup, carrying an active Order or completing a delivery-related safety process. DeliveryMall will provide a prominent in-app explanation before requesting background location and will not use continuous location for unrelated advertising or marketing.
7.4 Camera, photos and files
Camera or photo access may be requested to upload product images, submit prescriptions, provide parcel photographs, provide proof of delivery, report damaged goods, verify identity or contact customer support. Where practical, DeliveryMall will use a limited camera function or system file picker rather than requesting unrestricted access to all device photos.
7.5 Communications
Users may receive essential transactional communications about account verification, Order acceptance, payment status, Vendor preparation, Delivery Partner assignment, delivery progress, delays, completion, refunds, safety and customer support. These may be sent through push notification, SMS, email, telephone or WhatsApp.
Marketing communications are separate and optional. A User may opt out of non-essential marketing without losing access to core services.
8. ORDERS
8.1 Placing an Order
An Order is submitted when the Customer confirms the goods or service, address, charges and payment method. An acknowledgement that DeliveryMall received an Order does not necessarily mean that the Order has been accepted.
8.2 Acceptance conditions
An Order may be subject to Vendor acceptance, stock, service-area availability, payment authorisation, prescription verification, age verification, Delivery Partner availability and safety or legal checks.
8.3 Substitutions
For groceries and similar products, a Vendor may propose a reasonable substitute where the selected item is unavailable. The Customer may accept or reject the substitute. The Customer will not be charged more for a substitute without approval.
8.4 Product information
Product images may be illustrative. Packaging, presentation or colour may vary where the essential characteristics remain substantially the same. Vendors must provide accurate descriptions and prices. Obvious technical, typographical or pricing errors may be corrected before acceptance.
8.5 Refusal or cancellation
DeliveryMall or a Vendor may refuse or cancel an Order where the item is unavailable, the address is outside the service area, payment fails, the transaction appears fraudulent, the Order contains a prohibited item, delivery creates an unreasonable safety risk, age or identity requirements are not met, a prescription is invalid, fulfilment is unlawful or an obvious technical error occurred.
Where payment has been received for a cancelled Order, the refundable amount will be processed under Section 14.
9. PRICES, FEES, TAXES AND PAYMENT
9.1 Charges
The amount payable may include product price, delivery fee, distance charge, errand fee, service fee, handling fee, waiting fee, rental charge, insurance or declared-value charge, cancellation fee and applicable taxes. The total will be displayed before confirmation.
9.2 Electronic payment
Payment must be made using a payment method displayed at checkout. Cash is not accepted unless DeliveryMall expressly enables and displays it as an available method.
9.3 Physical goods and services
DeliveryMall transactions primarily concern physical goods and services consumed or performed outside the Application. Such payments are processed through the payment methods displayed by DeliveryMall and not through Apple In-App Purchase or Google Play Billing.
9.4 Payment authorisation
By confirming an Order, the Customer authorises DeliveryMall and its authorised payment provider to charge the displayed amount. DeliveryMall does not control delays, declines or outages caused by banks, card networks, mobile-money operators or payment processors.
9.5 Taxes and receipts
Prices will include or identify applicable taxes as required by law. DeliveryMall and Vendors are responsible for issuing receipts, electronic tax invoices and other documents according to their respective legal obligations.
9.6 Payment disputes
A Customer should first contact DeliveryMall regarding an incorrect charge. Nothing prevents a Customer from lawfully disputing an unauthorised or incorrect payment. Fraudulent or abusive chargebacks may result in account restriction and recovery proceedings.
10. DELIVERY SERVICES
10.1 Time estimates
Pickup and delivery times are estimates unless a specific written service guarantee is displayed for that Order. Times may be affected by traffic, road closures, weather, demonstrations, Vendor preparation, incorrect addresses, inaccessible premises, vehicle breakdown, communication failures, security incidents and regulatory restrictions.
10.2 Customer responsibilities
The Customer must provide an accurate address and working telephone number, ensure the recipient is available, provide access instructions, respond to reasonable contact attempts, disclose parcel characteristics and provide identification or verification where required.
10.3 Waiting and failed delivery
Reasonable waiting, return or redelivery charges may apply where the recipient is unavailable, the address is incorrect, access is denied, the Customer does not respond or delivery cannot be completed for a reason attributable to the Customer or recipient. DeliveryMall will make reasonable contact attempts before treating delivery as failed.
10.4 Proof of delivery
Proof of delivery may include a confirmation code, recipient name, signature, photograph, geolocation, timestamp or telephone confirmation. Users must not misuse another person's code or make a knowingly false non-delivery claim.
10.5 Safety
Delivery Partners are not required to enter premises or locations that reasonably appear unsafe, unlawful, inaccessible or threatening. Contactless delivery may be used where requested or reasonably necessary.
11. PARCEL AND COURIER SERVICES
11.1 Sender responsibility
The sender must accurately describe the parcel, declare fragile, valuable, perishable or regulated contents, provide correct recipient details, use suitable packaging, ensure lawful transport and declare value where requested.
11.2 Prohibited contents
A User must not send or request transport of:
illegal drugs or controlled substances;
firearms, ammunition, explosives or weapons;
stolen or counterfeit goods;
cash, negotiable instruments or unprotected high-value documents;
hazardous, toxic, corrosive, flammable or radioactive materials;
human remains;
unlawfully obtained wildlife products;
unlawful obscene or exploitative material;
improperly packaged sharp or dangerous objects;
live animals unless DeliveryMall expressly approves an appropriate service; or
any item whose possession or transport is unlawful or reasonably unsafe.
DeliveryMall may reject, isolate, inspect to the extent permitted by law, or report a parcel where reasonably necessary for safety and compliance.
11.3 Packaging and concealed defects
DeliveryMall is not responsible for damage caused primarily by inadequate packaging, concealed defects or an inaccurate declaration by the sender.
11.4 Valuable or fragile items
High-value or fragile items must be disclosed before pickup. Compensation may depend on declared value, supporting evidence, applicable insurance, packaging, cause of loss and mandatory legal rights. DeliveryMall does not exclude liability for fraud, wilful misconduct, gross negligence or liability that cannot lawfully be excluded.
12. PHARMACY, HEALTH AND REGULATED PRODUCTS
12.1 Marketplace service
DeliveryMall may facilitate delivery of pharmacy, wellness and health-related products from authorised Vendors. DeliveryMall is not a doctor, hospital or substitute for professional medical advice.
12.2 Prescriptions
Prescription-only medicines will not be supplied without a valid prescription where law requires one. A pharmacy Vendor may verify the prescription, contact the Customer, reject an unclear or invalid prescription, limit quantities, require identification or refuse an unsafe or unlawful Order.
12.3 Medical disclaimer
Product information is general information and must not be treated as diagnosis, treatment advice or a medical prescription. Users should consult a qualified healthcare professional about conditions, medicine interactions, dosage and treatment decisions.
12.4 Regulated products
DeliveryMall or the Vendor may require age or identity verification before accepting or delivering alcohol, medicine or another regulated product. Delivery may be refused where identification is unavailable, the recipient is underage, the recipient appears intoxicated, the location is restricted or fulfilment would be unlawful.
13. RENTAL SERVICES
Where the Platform facilitates a vehicle, equipment or other rental:
the identified rental Vendor is responsible for condition, licensing and lawful availability;
the Customer must satisfy identification, deposit, licence and eligibility requirements;
rental charges, damage rules, fuel rules, mileage limits and cancellation conditions must be disclosed before confirmation or in a separate rental agreement;
the Customer must use the rented item lawfully and with reasonable care; and
DeliveryMall may facilitate booking and payment without becoming the owner of the rented item.
Where DeliveryMall owns or directly supplies the item, DeliveryMall will be identified as the provider.
14. CANCELLATIONS, RETURNS AND REFUNDS
14.1 Before acceptance
A Customer may normally cancel without charge before the Order is accepted or processing begins.
14.2 After acceptance
A reasonable cancellation charge may apply where a Vendor has started preparing food or customised goods, a Delivery Partner has travelled to pickup, a provider has reserved time or equipment, a regulated product has been prepared or a non-recoverable cost has been incurred. The charge will not exceed the reasonable loss or cost, subject to law.
14.3 Perishable and customised goods
Food, perishable goods, opened hygiene products, prescription medicines and customised goods may not be returnable merely because the Customer changed their mind. This does not remove rights relating to incorrect, defective, unsafe, expired, damaged or materially misdescribed goods.
14.4 Reporting a problem
Customers should report incorrect, damaged, missing, spoiled or unsafe goods as soon as reasonably possible and provide the Order number, description, photographs or video and other reasonable evidence.
14.5 Remedies
Depending on the circumstances, the remedy may be replacement, redelivery, partial refund, full refund, service credit, repair, correction or another remedy required by law.
14.6 Refund timing
Approved refunds will be sent to the original payment method or another lawful agreed method. The time for funds to appear may depend on the bank, card network, mobile-money operator or payment provider.
14.7 Consumer rights
Nothing in these Terms excludes or limits a consumer right or remedy that cannot lawfully be excluded under Kenyan law.
15. PROMOTIONS AND DELIVERY CREDITS
Promotional codes, delivery credits and discounts may have expiry dates, location or service restrictions, minimum Order requirements and User eligibility conditions. They have no cash value unless expressly stated, may not be sold or transferred, and may be cancelled where obtained through fraud, system manipulation or material error. Material conditions will be disclosed before use.
16. USER REVIEWS, PHOTOS AND OTHER CONTENT
16.1 Licence
Users may submit reviews, messages, photographs, product information or other content. You retain ownership of your original content. By submitting it, you grant DeliveryMall a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display, format and use it for operating, securing, promoting and improving the Platform.
The licence ends when the content is deleted, except where retention is reasonably necessary for legal compliance, fraud prevention, dispute evidence or non-personal aggregated materials.
16.2 Content standards
Users must not submit content that is false, fraudulent, threatening, harassing, pornographic, exploitative, hateful, discriminatory, unlawful, infringing, privacy-invasive, misleading, malicious, spam, unauthorised advertising or intended to manipulate ratings.
16.3 Moderation
DeliveryMall may use automated and human moderation to review, restrict or remove content. DeliveryMall may restrict Users who seriously or repeatedly violate content rules.
16.4 Reporting and blocking
Users may report objectionable content or abusive conduct through the in-app reporting or support function. Where direct User-to-User interaction is enabled, DeliveryMall will provide an appropriate ability to block abusive Users. Credible reports will be reviewed within a reasonable period and relevant evidence may be preserved.
17. PROHIBITED CONDUCT
Users must not:
use DeliveryMall for an illegal purpose;
place fake or fraudulent Orders;
misuse refunds, promotions, credits or chargebacks;
impersonate another person;
provide false identity, prescription, delivery or location information;
threaten or harass Customers, Vendors, Delivery Partners or staff;
compromise another User's account;
introduce malware or malicious code;
attempt unauthorised system access;
interfere with GPS, pricing, dispatch, payment or security systems;
manipulate ratings, referrals or reviews;
use bots without written permission;
copy Vendor information for unrelated commercial use;
send prohibited items; or
use the Platform in a way that endangers another person.
Suspected criminal conduct may be reported to the appropriate authorities.
18. VENDOR RESPONSIBILITIES
A Vendor must hold required licences and approvals, provide accurate product and price information, comply with food, pharmacy, product-safety, tax and consumer laws, package Orders properly, honour accepted Orders, issue applicable tax documents, protect Customer information, avoid counterfeit or prohibited goods, respond to legitimate complaints and comply with its separate Vendor agreement.
Vendor commissions, payouts and commercial service levels may be governed by a separate agreement. Where that agreement conflicts with these Terms on a Vendor commercial matter, the separate Vendor agreement controls.
19. DELIVERY PARTNER RESPONSIBILITIES
A Delivery Partner must hold required licences and documents, use a roadworthy and properly insured vehicle where applicable, follow traffic and safety laws, protect Orders, use location only for authorised work, avoid parcel tampering, submit genuine proof of delivery, treat Users professionally, protect personal information, avoid unauthorised subcontracting and comply with the applicable employment or contractor agreement.
Earnings, deductions, working arrangements, insurance and vehicle rules are governed by the applicable Delivery Partner agreement or employment terms.
20. THIRD-PARTY SERVICES
DeliveryMall may depend on mapping, payment, banking, mobile-money, cloud hosting, communications, analytics, security, identity-verification, Vendor and logistics providers. Use of a third-party service may be subject to that provider's terms.
DeliveryMall is not responsible for a third-party failure beyond its reasonable control, but will take reasonable steps to assist where the failure materially affects an Order or payment.
21. INTELLECTUAL PROPERTY
The Application, software, design, DeliveryMall name, logo, graphics, databases and original Platform content are owned by or licensed to DeliveryMall. These Terms do not transfer ownership to any User. Vendor trademarks and product content remain the property of the Vendor or rights holder.
A rights holder may report alleged infringement by providing sufficient information to identify the protected work, disputed content, complainant, authority and requested action.
22. SUSPENSION AND TERMINATION
DeliveryMall may restrict, suspend or terminate an account for breach, fraud, non-payment, prohibited content, abuse, safety concerns, unlawful activity, regulatory requirements, compromised security or material risk to Users or systems.
Where appropriate, DeliveryMall will provide notice and an opportunity to respond. Immediate restriction may be used where urgent action is necessary to protect Users, evidence, funds, systems or public safety. Termination does not remove liabilities incurred before termination.
23. WARRANTIES AND DISCLAIMERS
DeliveryMall will provide its services with reasonable care and skill. To the maximum extent permitted by law:
the Platform is provided on an available basis;
uninterrupted or error-free availability is not guaranteed;
delivery times are estimates unless expressly guaranteed;
Vendor-provided information may contain occasional errors;
route, traffic and weather data may be delayed or inaccurate;
DeliveryMall is not an emergency-response service; and
pharmacy information is not medical advice.
Nothing excludes a warranty or duty that cannot lawfully be excluded.
24. LIMITATION OF LIABILITY
24.1 Non-excludable liability
Nothing excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, breach of mandatory data-protection obligations, or any liability that law does not permit to be excluded.
24.2 Indirect loss
To the maximum extent permitted by law, DeliveryMall is not liable for indirect, incidental, special or consequential losses that were not reasonably foreseeable when the transaction was made.
24.3 Business Users
For a business User, DeliveryMall is not liable for loss of profit, revenue, opportunity, goodwill or anticipated savings unless expressly agreed in writing or required by law.
24.4 Vendor products
Where an independent Vendor is identified as seller, that Vendor is primarily responsible for defects, misdescription, safety and quality. DeliveryMall may facilitate complaints and refunds and remains responsible for its own obligations.
24.5 Evidence
A claimant must provide reasonable evidence of the Order, loss and circumstances.
25. BUSINESS, VENDOR AND DELIVERY-PARTNER INDEMNITY
To the extent permitted by law, a Vendor, Delivery Partner or business User must compensate DeliveryMall for reasonable losses, claims, penalties and expenses caused by that User's unlawful conduct, material breach, infringement, unsafe goods, fraudulent information, tax or regulatory non-compliance or misuse of personal information.
This provision does not require a consumer to indemnify DeliveryMall for DeliveryMall's own negligence or unlawful conduct.
26. FORCE MAJEURE
DeliveryMall is not liable for delay or failure caused by an event beyond reasonable control, including extreme weather, flooding, fire, epidemic, power or internet failure, payment-network failure, road closure, strike, civil disturbance, government restriction, security emergency, natural disaster or widespread telecommunications failure. DeliveryMall will take reasonable steps to reduce disruption and communicate material delays.
27. COMPLAINTS AND DISPUTES
27.1 Complaints
A User should first submit a complaint through in-app support or the contact details below, providing contact details, Order number, issue description, evidence and requested resolution.
27.2 Informal resolution and mediation
DeliveryMall and the User will attempt good-faith resolution. Where appropriate, the parties may agree to mediation in Kenya before court proceedings.
27.3 Governing law and courts
These Terms are governed by the laws of Kenya. Subject to mandatory consumer rights, disputes may be submitted to a court of competent jurisdiction in Kenya.
Nothing prevents a User from reporting a matter to a competent consumer, data-protection, competition, communications, health, transport or law-enforcement authority.
28. CHANGES TO THESE TERMS
DeliveryMall may update these Terms for legal, security, operational, service or platform-policy changes. The effective date and version will be updated. Material changes will be communicated through the Application, website, email or another appropriate channel. Where fresh consent is legally required, DeliveryMall will request it.
29. GENERAL
29.1 Entire agreement
These Terms, the Privacy Policy, applicable Order details and any separate Vendor, Delivery Partner, corporate, rental or subscription agreement constitute the relevant agreement.
29.2 Severability
If a provision is invalid or unenforceable, the remaining provisions continue to apply.
29.3 No waiver
Failure to enforce a provision immediately does not waive the right to enforce it later.
29.4 Assignment
A User may not transfer rights or obligations without written consent. DeliveryMall may transfer its rights or obligations as part of a lawful restructuring, merger, financing or sale, provided User rights remain protected.
29.5 Language
The English version controls unless law requires otherwise. Translations may be provided for convenience.
30. CONTACT INFORMATION
Company: DeliveryMall Enterprise Limited
Physical address: Oginga Odinga Road, Kisumu, Kenya
Customer care telephone and WhatsApp: +254 787 448899
Email: info@deliverymall.co.ke
Website: https://www.deliverymall.co.ke
Terms: https://www.deliverymall.co.ke/terms-and-conditions
Privacy Policy: https://www.deliverymall.co.ke/privacy-policy
Account deletion: https://www.deliverymall.co.ke/data-deletion
31. APPLE APP STORE ADDITIONAL TERMS
These provisions apply where the Application is obtained through Apple's App Store.
31.1 Parties and responsibility
These Terms are between the User and DeliveryMall, not Apple Inc. DeliveryMall, not Apple, is responsible for the Application and its content.
31.2 Licence scope
The licence for an Apple User is a non-transferable licence to use the Application on Apple-branded products the User owns or controls, subject to Apple's applicable usage rules, including permitted Family Sharing or volume-purchasing arrangements.
31.3 Maintenance and support
DeliveryMall is solely responsible for maintenance and support. Apple has no obligation to provide maintenance or support.
31.4 Warranty
DeliveryMall is responsible for applicable Application warranties not lawfully excluded. If the Application fails to conform to an applicable warranty, the User may notify Apple and Apple may refund any purchase price paid for the Application. To the maximum extent permitted by law, Apple has no other warranty obligation.
31.5 Claims
DeliveryMall, not Apple, is responsible for claims relating to the Application, possession or use, product liability, legal or regulatory compliance, consumer protection and privacy.
31.6 Intellectual-property claims
Where a third party alleges that the Application or its use infringes intellectual-property rights, DeliveryMall, not Apple, is responsible for investigation, defence, settlement and resolution.
31.7 Legal compliance
The User represents that the User is not located in a country or region subject to a United States Government embargo or designated by the United States Government as supporting terrorism, and is not listed on a United States Government prohibited or restricted-party list.
31.8 Third-party terms
The User must comply with applicable mobile-network, internet, device, map and payment-provider terms.
31.9 Apple as third-party beneficiary
Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the Apple version of the Application and may enforce those provisions against the User. Apple is not a party to Orders and is not responsible for goods, deliveries, payments, refunds, Vendors or Delivery Partners.
32. GOOGLE PLAY ADDITIONAL TERMS
These provisions apply where the Application is obtained through Google Play.
32.1 Google's role
These Terms are between the User and DeliveryMall, not Google LLC. Google is not responsible for operating the DeliveryMall service, fulfilling Orders, customer support, Vendor goods, Delivery Partner conduct, physical-goods payments or refunds.
32.2 Google Play terms
The User must comply with applicable Google Play and device-platform terms. Physical goods, delivery, rental and other physical-service payments are processed through DeliveryMall's displayed payment methods and not Google Play Billing.
33. ACCEPTANCE
By selecting I Agree, creating an account, placing an Order, downloading the Application or continuing to use the Platform after these Terms are presented, you accept these Terms. If you do not accept them, do not create an account, place an Order or continue using the Platform.