1.Terms of Use
This Terms and Conditions Agreement sets forth the standards of use of the Food Delivery service, (“Big 6 Delivery {B6 Couriers}”) Online Service. By using the Big 6 Delivery platform, you (the ”User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of our services. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on our website or app. Your continued use of the Service after amendments are posted constitutes acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
2.Services
2.1 We are a delivery service provider providing you an online platform to (a) order food online from the list of restaurants and home food makers available on the Services.
2.2 Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Vendor for the purpose of accepting payments from you for your online food orders and delivering your order.
3.Registration
3.1 By signing up to our website you are agreeing to the terms and conditions of sale which apply to all transactions
Signing up to the service means we must have the following information:
Your address, including the postcode.
Your home telephone number or mobile telephone number.
Your email address, so we can supply you with important information such as your order confirmation and delivery details
3.2 You may access the Services either by (a) registering to create an account and become a member (“Member”); or (b) you can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Services, as described below. As part of the functionality of the Services, you may link your Big 6 Delivery Account with Third Party Accounts, by either:
Providing your Third Party Account login information to us through the Services; or
Allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
3.3 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Services via your Big 6 Delivery Account. Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms.
3.4 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
3.5 We reserve the right to suspend or terminate your Big 6 Delivery Account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
4.Product prices
4.1 Prices shown on this website include service fees. These service fees are set at the business’ discretion and may occasionally fluctuate. Service fees are not set based on a flat rate or a percentage rate based on cost. The price of goods charged will be as quoted on the web site at the time you confirm your order with us. Excluding any inadvertent technical error on pricing, we will honour any prices as published at the time of placing your order.
4.2 Due to differing product promotions the prices displayed on the website may vary to original prices. You agree to pay all fees and charges incurred in connection with your purchases, including any applicable taxes. The final charges for your order may be different than those stated on the website.
5.2 Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant. When you place your order online, we will send you a message to confirm that we have received it. You must inform us immediately if any details are incorrect. Once we have sent a confirmation message we will check availability.
5.3 If the ordered food and delivery capacity is available, Big 6 Delivery or the Participating Restaurant will accept the contract and confirm it. If the details of the order are correct, the contract for the food delivery will be confirmed by text message (SMS) , email or Call.
5.4 Once the ordered food is ready to deliver, The confirmation message will specify delivery details including the price of the Food ordered and the name of delivery executive.
5.5 If the Food is not available or if there is no delivery capacity, we will also let you know by email or phone call.
6.2 If the Food is not delivered within the estimated delivery time quoted, User shall contact Big 6 Delivery by email, WhatsApp or support number and Big 6 Delivery will try to ensure that you receive your order as quickly as reasonably possible.
6.3 If you fail to accept delivery of Food at the time they are ready for delivery or Big 6 Delivery is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the Food shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food shall pass to you. Any storage, insurance and other costs which Big 6 Delivery incur as a result of the inability to deliver shall be your responsibility and you shall indemnify Big 6 Delivery in full for such cost.
6.4 You must understand and accept that it might not be possible to deliver to some locations. In such cases, Big 6 Delivery will inform you accordingly and arrange for cancellation of the order or delivery to any alternative delivery address.
7.2 In the unlikely event that the Participating Restaurant prepares a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item.
8.2 By accepting these Terms of Use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a restaurant listed on our platform.
8.3 We shall not be held liable for any failure or delay in delivering Food where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by the forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
8.4 We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
9.General
9.1 All prices are in Jamaican Dollars.
9.2 We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
9.3 We may alter or vary the Terms and Conditions at any time without notice to you.
9.4 Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
9.5 The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
9.6 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of Jamaica. The parties hereto submit to the exclusive jurisdiction of the courts of Jamaica.
9.7 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
9.8 These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Jamaican Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the Jamaican Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.