Ratification of the Agreement

By entering, connecting, using or creating an account on this website and its associated applications on iPhone, iPad, Android, and any mobile application (hereinafter collectively referred to as the “Platform”) including without limitation to any services offered on the Platform, you acknowledge that you have read and understood the following Terms and Conditions (collectively the “Terms”), including these Terms, terms of our Privacy Policy available at www.elitewherego.com and you agree to be bound by them and to comply with all the applicable laws and regulations regarding your use of the Platform. You acknowledge that these Terms constitute a binding and enforceable legal contract between yourself and DELIVERY HERO ELITE WHEREGO D.B. LLC (hereinafter referred to as “Elite WhereGO”, “Company”, “we”, “us”, “our”) with reference to the use of this Platform. Please read these terms before ordering any items from our application.

You become a user of the Platform (“User” or “you”), by entering, using, browsing or registering on the Platform. As a User, you agree and undertake to comply with the provisions of these Terms. You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your Internet connection are aware of these Terms and that they comply with them. By viewing, using, accessing, browsing, or submitting any content or material on the Platform, you agree to these Terms as a binding legal agreement, without limitation or qualification. The term “you” or “You” shall include any person or entity, who views, uses, accesses, browses or submits any content or material to the Platform.

If you do not agree to these Terms, then you may not use the Platform. Elite WhereGO reserves the right to modify these Terms at any time without prior notice. You agree that each visit you make to the Platform shall be subject to the Terms as displayed, and your continued use of the Platform now or following the modifications in these Terms confirms that you have read, accepted, and agreed to be bound by such modifications.

Our Services

The Platform allows its Users who agree to the Terms to order from its partnered restaurants, vendors, groceries etc. that may be operated by third parties or affiliated companies (hereinafter referred to as the “Merchants”). The purpose of this Platform is to provide a simple and convenient service to Users, linking them to Merchants in their area for delivery (our “Service”) to order a variety of goods including prepared meals, beverages, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as “Goods”). Interactive options allow Users to build and submit orders at the click of a button. When you place an order from a Merchant, Elite WhereGO acts as a facilitator on behalf of that Merchant to conclude your order from the Platform and to manage your experience throughout the order processing. We have created the Platform to serve as a marketplace for its Users. Elite WhereGO does not sell or interfere in any way in the production of any goods or service produced by the Merchants. What this online market offers to the Users is the ability to search for and find local Merchants that deliver or make these Goods available to their addresses and enables ordering them through this Platform. The Merchants are obligated to comply with the country’s local laws, rules, regulations, and standards pertaining to goods and services preparation, sale, marketing and safety.

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

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

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

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

Elite WhereGO shall not be liable or responsible for any goods and services offered by Merchants that is unhealthy, is the cause of injury, that is otherwise unacceptable to Users or that does not meet the expectation of Users in any manner.

Users are solely responsible for verifying the accuracy of delivery addresses, and Elite WhereGO shall have no liability or responsibility for any such erroneous addresses. All goods and services preparation and deliveries are the sole responsibility of the Merchant accepting the order. Please be aware that the Merchant will do everything they can to meet the delivery time specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed We will inform you if we become aware of an unexpected delay.

Creating an Account for the Platform

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

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

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

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

• Distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material. Transmitting material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
• Interfering with any other persons use or enjoyment of the Platform.
• Damaging, disabling or impairing the operation of this Platform or attempting to gain unauthorized access to this Platform or to networks connected to it, through hacking, spoofing or other such similar means.
• We expect a device to hold one User account only. We may allow service in such cases but we will not allow the use of promotions.
• If you wish to delete your Account, please contact us via the Platform chat feature requesting the same.
• How to make an order and how it works
• Once you have selected your Goods from the list of your chosen Merchant you will be given the opportunity to submit your order by clicking on the “Checkout” button (the “Order”). Please note it is important that you check the information that you enter and correct any errors before clicking on the “Checkout” button since once you click on this input, errors cannot be corrected. On receipt of your order, the Platform will begin processing your order and we will send an email and message on the final page that your order has been received and sent successfully to the Merchant. Where any payment you make is not authorized you will be returned to the previous page on the Platform and we shall not be obliged to provide the services.
• Order Cancellation
• You can cancel an order for a full refund until the order has been accepted by the Merchant. In the event that you need to cancel the order after it has been accepted by the Merchant, please contact us via the chat function on the Platform to cancel the order. Elite WhereGO reserves the right to not issue full or partial refunds if you have canceled the order after it has been accepted.
• An order may be subsequently canceled by a Merchant after you have received a confirmation that it has been sent to the Merchant. Elite WhereGO and our partner Merchants reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation. Your order history will only hold your successful orders, and in case of failed online payment, the Order amount will be refunded to your Elite WhereGO account as Elite WhereGO credit unless you request a refund to the original source of payment account which will take place within 7-14 days as per your bank.

Delivery

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

Delivery Time

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

Unsuccessful or Failed Deliveries

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

• no one was present or available to receive the Order;
• customer was uncontactable despite attempts to reach the customer via the phone number provided;
• lack of appropriate or sufficient access to deliver the Order successfully;
• lack of a suitable or secure location to leave the Order.

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

No Show Cancellation

If you remain uncontactable or fail to receive the Order within reasonable time from the time the Order arrives at your delivery address, Elite WhereGO reserves the right to cancel the Order without refund or remedy to you.

Wrong Order, Missing Order, Defective Items

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 our in-app customer support chat feature immediately. In some cases, Elite WhereGO may request for 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.

Late Delivery

If your Order is significantly delayed from the estimated delivery time, please contact customer support via our in-app customer support chat feature immediately. In some cases, Elite WhereGO may request for additional information to properly investigate the issue with your Order. If we determine that the Order and/or goods you received is significantly delayed we will compensate you for your Order.

Contactless Delivery

As one of the delivery options, the customer may select (for some of the offered goods) contactless delivery (the delivery of the Order to the front door of a specified delivery address without face-toface interaction for instance). Elite WhereGO shall not be liable for theft, damage, contamination and/or other deterioration of the goods that occur after delivery has taken place.

Pick-up Services

Pick-up Process

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

Pick-up Liability

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

Your Responsibilities

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

The information provided to us is correct. The User is the only party responsible for any losses which may arise from any misinformation or inadequate information (ex. forgetting the password); and in these cases his/her Account may be terminated.

The User is solely responsible for all personal ideas, opinions, statements set forth by the User while using the services of the Platform, all the files uploaded to the Platform and the personal information sent, and that in no way Elite WhereGO shall be held liable for these files, not to access any services provided in the Platform unauthorized and in any way other that the one identified by the Platform; not to change the software in any way; not to use the software which is identified as being changed; and to indemnify Elite WhereGO for all material and moral losses in the event the User does not comply with the aforementioned articles, Elite WhereGO shall not be responsible for any damages which may arise from reading of data belonging to any Users by any unauthorized people, not to send any messages which are threatening, immoral, racially and contrary to the laws of United Arab Emirates and international agreements, any correspondences, titles, nicknames posted to the context shall not be contrary to the rules of public morality, good manners and laws, not to harass and/or threaten other users, or any of the Platform live chat personnel, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any amoral, inappropriate and unlawful materials and information which may give harm to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, engage in any activities such as survey, competition or chain letter, not to send any information or programs which may give harm to the information or software in the computers of other users.

All of the records or materials obtained by using the services of Elite WhereGO are within the consent of the user; the user shall be absolutely responsible for any damages, loss of information or other losses caused by them in the user’s computer; the user shall not demand any compensation for any losses arising from the use of the service, not to use the services of the Platform for any commercial and advertising purposes without obtaining the consent of Elite WhereGO. Elite WhereGO may monitor all systems at any time or continuously.

The Platform may use its system for commercial purposes, not to mail any information which is forbidden legally and circulate any mails which do not have authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others, The User himself/herself is responsible for all kinds of acts made under the “username”, The clients must pay the service fee which is notified previously at the time of delivery of products; otherwise the products shall not be delivered to the clients. not to access the Platform or services using a third-party’s account/registration without the express consent of the account holder; not to use the Platform for illegal purposes; not to commit any acts of infringement on the Platform or with respect to content on the Platform; not to use the Platform to engage in commercial activities apart from sanctioned use of Elite WhereGO services; not to copy any content, including, but not limited to Merchant menu content and third-party reviews, for republication in print or online; not to create Merchant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; not to attempt to gain unauthorized access to other computer systems from or through the Platform; not to interfere with another person’s use and enjoyment of the Platform or another entity’s use and enjoyment of the Platform; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked Platforms (including those of our Merchant partners).

All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Platform. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Platform. Credit or Debit cards used in placing orders through the online payment gateway on the Platform must belong to the user. Otherwise, the user must obtain the legal permission from the card owner to perform the transaction.

User Material

Other than personally identifiable information (“Personal Data”), which is covered under the Platform Privacy Policy, any material you transmit or post to this Platform will be considered non-confidential and non-proprietary. the Platform will have no obligations with respect to such material. the Platform and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

You are prohibited from posting, uploading or transmitting to or from this Platform any material that:

Breaches any applicable local, national or international law;

Is unlawful or fraudulent.

Amounts to unauthorized advertising; or

Contains viruses or any other harmful programs.

You may not misuse the Platform (including by hacking).

Any comments or feedback that you submit through the Platform must not:

Contain any defamatory, obscene or offensive material;

Promote violence or discrimination;

Infringe the intellectual property rights of another person;

Breach any legal duty owed to a third party (such as a duty of confidence);

Promote illegal activity or invade another’s privacy;

Give the impression that they originate from us; or

Be used to impersonate another person or to misrepresent your affiliation with another person.

\The prohibited acts listed in the above paragraphs are non-exhaustive. You will pay Elite WhereGO for all costs and damages which it incurs as a result of you breaching any of these restrictions.

Elite WhereGO will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraph

Acceptable Use Policy

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

1. Violate any law, statute, ordinance or regulation
2. Violate applicable laws or industry regulations regarding the sale of alcoholic drinks or prescription drugs and devices
3. Violate copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of account owner’s jurisdiction
4. Any illegal products, services or activities, including encouraging, promoting, facilitating or instructing others to engage in illegal activities
5. Payments to or from any listed sanctioned countries. Businesses or businesses with persons subject to international/national sanctions, suspected or convicted of terrorism, financial crime or any other offence
6. Providing false information relating to the customer’s identity or business activities
7. Any product, service or activity that finance terrorism.
8. Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, products including THC, CBD or any other similar substance, any activity that relate to drug paraphernalia
9. Products, services or activities including media and journalism, that could be considered as being of a discriminatory, hateful, racist or exploitative nature, or of inciting harassment, bestiality, mutilation or violence
10. Connected to services where the service provider collects money on behalf of others as a payment services provider, cheque encashment agencies, foreign exchange providers, money transmitters, traveler’s cheques or money orders
11. Involving ammunition, explosives, arms, defense or weapons, replica weapons, gun parts or related parts or accessories, hunting, manufacture/distribution of weapons
12. Services relating to hospitality timeshares or issuing of travel visas
13. Promotion or advertising of products or services other than your own without appropriate authorization
14. Collecting money without a license when compulsory in the account owner’s jurisdiction
15. Multi-level marketing programs, network sales, matrix programs, outbound and inbound telemarketing or other similar programs including pyramid and Ponzi schemes
16. Gambling, betting activities, casinos, lotteries, sweepstakes, penny auctions, services related to fantasy sports or sports forecasting, or sale of value usable “chips” or vouchers connected to this services, certain in-purchasing games
17. Programs, materials or services related to get-rich courses or related to increasing your wealth or gambling
18. Factoring, lending, investment services, financial, escrow or mortgage services, pawn shops
19. Private business directories, businesses specializing in warning letters, liquidation or proxy service
20. Buying or selling stocks, bonds, securities, options, futures, binary options or investment interest in any entity or property, services related to raffles, debt consolidation, insurance brokers, payday lenders, medical collections, scholarship programs, payment protection insurance, currency exchange or FOREX activities
21. Modification chips (e.g. to modify a games console in order to use non-producer hardware or software)
22. Ticket agencies without a license, ticket resale
23. Replica clothes and products, or counterfeit goods
24. Objectionable, offensive, indecent, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially, ethnically or sexually offensive, or otherwise inappropriate behavior towards the Elite WhereGO personnel and Highly rated politically exposed persons (PEP). {{–
25. Highly rated politically exposed persons (PEP). –}}

Elite WhereGO reserves the right but is not obligated to do any or all of the following (with no limitation to other actions):

• investigate an allegation that any content posted on the Platform does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
• remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
• monitor, edit, or disclose any content on the Platform; and edit or delete any content posted on the Platform, regardless of whether such content violates these Terms
• cancel any Order and/or suspend, deactivate or terminate your Account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Account and/or with your Order and/or any of the reasons named in section 4 of these Terms.

Authority of Elite WhereGO

Elite WhereGO may temporarily suspend or completely cease the system operation at any time. the Platform shall not have any responsibilities against the Users of Elite WhereGO or any third parties due to the temporary suspension or complete cessation of the system operation.

The user name and password shall be displayed and approved by the registered Users. Elite WhereGO may prevent its registered Users who have created accounts on the Platform from creating new passwords or from using their old passwords for an indefinite period of time if it is deemed necessary by Elite WhereGO.

Elite WhereGO does not warrant that its services shall be provided on time in a secure and complete way, the results obtained from the services shall be correct and reliable, and that the service quality shall meet the expectations.

Elite WhereGO has the right to back-up and delete all or some of the files, messages which are provided by the Users during the use of services for some periods deemed suitable by the Platform. Elite WhereGO shall not be held responsible for back-up and delete processes.

The Platform has the ownership and copyrights arising from the ownership of the information, documents, software, designs, graphics etc. which are produced by itself and/or bought from outside.

The sales of Elite WhereGO are limited to the current availability of menus of the firms provided in Elite WhereGO. Elite WhereGO is not responsible for any item ordered and not delivered by the Merchant due to unavailability.

Elite WhereGO has right to post any information, documents, software, designs, graphics, etc. (such as the messages, poets, reports/news, file posted to the bulletin board) which are User generated and uploaded to the system by the Users and/or to transmit them to another place within the Platform deemed as appropriate by Elite WhereGO. It is probable that this information is copied and/or posted by other users. In such cases, the users shall not demand any royalty from Elite WhereGO.

The obligation to change the information in relation to the price and product specifications, which are provided to sell in Elite WhereGO, belongs to the companies which have cyber Merchants in the Platform. In the event of any misinformation relating to the price and specifications of products, Elite WhereGO may correct this mistake by canceling the order.

Elite WhereGO may provide transition for a User to other Platforms. In this case, the User agrees that Elite WhereGO shall not be responsible for the context of the Platforms, which the User may access through its Platform.

Elite WhereGO may change in time the services for which any Account is not required to a form, which requires Account. Elite WhereGO may provide additional services, change some of the services partially or completely, or transform into a paid service.

This Platform may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify Users in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Guidelines for Reviews

Reviews are approved based on the following criteria:

RELEVANCY

Reviewers must have had an experience with the Merchant firsthand.

ACCEPTABLE CONTENT

 Elite WhereGO is not obligated to approve reviews on the Platform. A subset of the potential reasons for rejection are:

Offensive Language: Profanity, abusive, racist, and hate language is not tolerated in our interactive sections.

Irrelevant or non-indicative content.

Discrimination based on the grounds of religion, race, gender, national origin, age, marital status or disability.

References to illegal activity or uncorrelated references towards society’s traditions and values.

Conflicts of interest: Competing Merchants are not allowed to post negative reviews.

Violation of this might result in permanent removal from the Platform.

Allegations of health code violations.

Outdated and obsolete information.

NOT ENDORSED

Reviews are not endorsed by Elite WhereGO, and do not represent the views of Elite WhereGO, our parent companies, our subsidiaries. Elite WhereGO does not assume liability for any review or for any claims, liabilities or losses resulting from any use of the Platform, or information on the Platform.

OWNED BY Elite WhereGO

Reviews are owned by Elite WhereGO exclusively in perpetuity. We have the right to reproduce, modify, translate, transmit, and/or distribute all materials relating to reviews. Elite WhereGO is under no obligation to pay the author or anyone else for their reviews.

Termination of agreement

Elite WhereGO has the right to terminate, suspend or delete your Account and your access to or use of the Platform, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Elite WhereGO, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of these Terms. Where appropriate, Elite WhereGO will give you the opportunity to state your position, before any termination, suspension or deletion of your account.

Restrictions for Non-Personal and Non-Commercial Use

You agree that the consequences of commercial use or re-publication of content or information of Elite WhereGO may lead to serious and incalculable monetary compensation that may not be a sufficient or appropriate remedy and that Elite WhereGO will be entitled to temporary and permanent injunctive relief to prohibit such use.

Refund Policy

Elite WhereGO takes user satisfaction very seriously. In the case of problems with your goods and services order, please contact Elite WhereGO through our live chat and we will assist you. In appropriate cases, if you have already been billed by Elite WhereGO on behalf of the Merchant, Elite WhereGO will issue full or partial refunds. In the following cases: if you did not receive your order or did not receive your order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will take into account relevant factors including the details of the order and do our best to ensure your satisfaction. You will receive your refund as Elite WhereGO credit on your Elite WhereGO account unless you request a refund to the original source of payment.

Price and Payment

Once your order has been accepted, this represents an agreement between you the User and the Merchant. The Merchant has sole responsibility for this order. Cash payments are made directly to the Merchant upon delivery to fulfill the order.

Elite WhereGO does not provide any payment service either to you or to third parties. All online payments are processed via your own issuer / payment service provider and the payment service providers in partnership with Elite WhereGO.

Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. You accept that prices and offers on the Platform may vary from the prices and offers offered by our Merchants elsewhere (including their own websites, mobile applications, or at their brick-and-mortar outlets).

The way we display the prices of our goods may vary depending on the Merchant, and, subject to applicable laws, the prices reflected on our Platform. Prices and additional charges (including but not limited to Delivery, Small Basket or Service fees) indicated on the Platform are as at the time of each Order and may be subject to change later. Elite WhereGO reserves the right to charge fees (including but not limited to Delivery, Small Order or Service fees) for our services as we deem necessary for our business. The breakdown of the prices and additional charges (including but not limited to Delivery, Small Order or Service fees) 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.

Payment Methods

When using your Account as payment instrument you may choose from different payment methods as available and indicated on the Platform.

Elite WhereGO 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 Elite WhereGO does not store your credit card or payment information.

You must ensure that you have sufficient funds on your credit and debit card to fulfill payment of an Order. Insofar as required, Elite WhereGO takes responsibility for payments made on our Platform including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms

At the time of checkout, please read the applicable payment terms linked and disclaimers carefully before using any payment method.

Rider Tips

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

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

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

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

Validity of Elite WhereGO records

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

Governing law & competent

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

Severability

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

License

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

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

Intellectual Property Rights

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

Contribution License

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

Links to and from other Platforms

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

1. INDEMNITY AND LIMITATION OF LIABILITY

1.1 You agree to defend, indemnify and hold harmless Elite WhereGO and its affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims, losses, liabilities, expenses, damages and costs (including reasonable legal fees) arising or resulting directly or indirectly from or out of your breach of any of these Terms, or any activity you conduct in connection with the Application. Elite WhereGO reserves the right, but not the obligation, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such instances, you agree to cooperate fully with Elite WhereGO in the defense of such matters.

1.2 Elite WhereGO does not warrant or make any representations regarding the use or the results of the use of the Elite WhereGO Pro Service or in linked sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Elite WhereGO will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special losses, or loss of profits). You release Elite WhereGO from all claims arising from any statement or representation made on the Elite WhereGO Pro Service. Your sole and exclusive remedy for any of the foregoing or any dispute with Elite WhereGO our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Elite WhereGO Pro Service.

1.3 To the fullest extent permissible pursuant to applicable law, Elite WhereGO excludes all responsibility and liability in relation to the Benefits, and disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Elite WhereGO does not warrant that the functions contained in the Elite WhereGO Pro Service will be uninterrupted or error-free, that defects will be corrected, or that the Elite WhereGO Pro Service or the server that makes it available, are free of viruses or other harmful components.

1.4 To the maximum extent permitted by law, you will indemnify Elite WhereGO, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against Elite WhereGO arising from a breach by you of any of the Terms. You acknowledge that the limitation/exclusion of liability of Elite WhereGO, and your indemnity to Elite WhereGO, will also apply to all affiliates of Elite WhereGO, including any parent or subsidiary companies.

2. DATA PROTECTION

2.1 Elite WhereGO is committed to upholding the trust given by you to handle your personal data. Elite WhereGO and our affiliates will process your data in accordance with applicable data protection regulations. In order to deliver certain functions as part of the services, we will need to record your name, national ID number and any other details on such ID, date of birth, email address, address, telephone number and details around the payments due by you to us.

2.2 Please see our Privacy Policy for more details.

3. GENERAL TERMS

3.1 These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.

3.2 All intellectual property rights in the contents of the Elite WhereGO Pro Service are owned by Elite WhereGO, its affiliates, or its licensors and are protected by copyright, trademark, and other applicable laws.

3.3 We reserve the right to provide to you, at our sole discretion, with offers and benefits such as discounts, special events, pre-access to products, sales promotions, retailer offers, sampling and giveaways. Any such offers or benefits will be subject to terms and conditions as notified to you.

3.4 You hereby agree to maintain and promptly update all of your identifying information and any other information you provide to Elite WhereGO to keep such information accurate, current and complete and to promptly notify Elite WhereGO regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Elite WhereGO Pro Services or the terms on which you use the Elite WhereGO Pro Services.

3.5 You hereby agree to maintain the confidentiality and security of your password and agree to accept responsibility for all activities that occur with your permission in relation to your Elite WhereGO account. If your password is lost or stolen, or if you believe there has been unauthorized access to your Elite WhereGO account you are required to notify us immediately and change your Elite WhereGO account password as soon as possible.

3.6 You hereby agree to cooperate with Elite WhereGO to the fullest extent permitted by applicable law, including agreeing to the written answering of any questions or the provision of information to assist Elite WhereGO in conducting any internal investigation or inquiry.

3.7 Elite WhereGO’s failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of its right to subsequently enforce such provision or any other provisions of the Terms

3.8 Elite WhereGO reserves the right to change the Terms at any time and without providing you with notice of such changes. You agree that your continued use of the Elite WhereGO Pro Services constitutes your acceptance of the modified Terms, and you agree that all previous versions of the Terms are superseded by the modified version. You should check these Terms each time you use the Elite WhereGO Pro Service to check for updates.

3.9 Headings in these Terms are for convenience only and do not affect the interpretation of these terms and conditions.

3.10 If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions.

3.11 Our failure or delay in exercising any of our rights under these Terms does not mean that we are unable to exercise those rights later.

3.12 All notices and other communications under this Agreement shall be in writing through communications to the Elite WhereGO email address shown on the Elite WhereGO Application.

3.13 Your use of Elite WhereGO Pro Service and these Terms are governed by and construed in accordance with the laws and regulations of Dubai, United Arab Emirates. You agree that the courts of Dubai, United Arab Emirates shall have exclusive jurisdiction over these Terms.

Limitation of Liability

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

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

Indemnity

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

Amendments

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

Disclaimer

The information, content, products, services, and materials available through the application (whether provided by Elite WhereGO, you, other users or other affiliates/third parties), including without limitation, goods and services orders, submissions, text, photos, graphics, audio files, video, and links, are provided “as is” and “as available” without warranties of any kind, either express or implied. To the maximum extent permitted by law, Elite WhereGO disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, no infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.

Prevailing Language

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

Contact Us

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