Welcome to Day Fresh.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.

This Customer Agreement (the "Agreement") is an agreement between you and Day Fresh, or its affiliates ("Day Fresh") that states the terms and conditions under which you may use our website (the “Site”), our mobile applications (each an “App”) (the Site and Apps are collectively, "Platform") and receive Day Fresh service, which includes processing and delivery (or arranging for delivery) of product orders (the "Day Fresh Service"). Your use of the Day Fresh Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Platform or the Day Fresh Service.

Day Fresh Satisfaction Guarantee

All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via e-mail at [email protected] or log into your account and send us a message from the “Contact” section of the Platform. For grocery or perishable products, you have up to 24 hours after delivery, -- to contact us about the products. Day Fresh may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a store credit.

1. Day Fresh Service - Managing Your Orders

1.1. Ordering through the Platform.

Orders must be received before posted cutoff times for a given delivery (see Delivery of Products below for details). Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. Delivery time-slots are available on a first-come first-served basis. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items.

You may cancel orders via the "Your Account" section of the Platform or by contacting our Customer Service Department at [email protected]. Please see the “Contact” section of the Platform for Customer Service hours.

1.2. Price, Availability and Substitutions.

Day Fresh strives to provide you with great prices compared to the competition near your delivery address. We receive fresh products every day to assure you the highest quality. Due to the perishable nature of our products, certain products may be unavailable due to market conditions beyond our control or quality that is below our standards. If we have an item that's very similar to the item you ordered, we reserve the right to make item substitutions. If you're not happy with the substitution, please email us at [email protected]. If we are unable to fulfill your entire order with the items you order or appropriate substitutions, we will use reasonable efforts to contact you prior to delivery (which may include notice in your confirmation email). Once you complete checkout, your price, or price per g/kg (when applicable), is guaranteed unless you placed an order for an item where we have inadvertently listed an incorrect price. In those circumstances, we reserve the right to cancel undelivered orders for such incorrectly priced products; we will contact you immediately in such circumstances, and, of course, your payment method will not be charged.

Please note: we reserve the right to limit your order or the quantity of a particular product that you may order.

1.3. Delivery Fee.

A delivery fee may be added to your order. Any such fee is not a gratuity for the delivery personnel who delivers or is otherwise involved with the delivery of your order and will not be given to any such delivery personnel as a gratuity.

1.4. Variable Weight Orders.

Because many perishable items are individually prepared for you, the per-item price you see in your shopping cart for variable weight items may vary..

1.5. Minimum Purchase.

Your order may be subject to minimum purchase based on delivery location, excluding taxes, delivery fees, and surcharges.

1.6. Cancellations.

Cancellation of orders is only possible within the required cutoff time.

2. Day Fresh Service - Payment

2.1. Cash On Delivery (COD Payment)

This will be the total invoiced amount for all the items in your cart which includes all charges and you will need to pay this sum in person to our delivery driver.

2.2. K-Net Payment.

Currently, we are only offering Cash on Delivery (COD) option and we will update this section when we are able to receive K-Net payments.

2.2. Credit/Debit Card Payment.

Currently, we are only offering Cash on Delivery (COD) option and we will update this section when we are able to receive credit and/or debit card payments.

3. Day Fresh Service - Delivery

3.1. Delivery of Products.

Day Fresh uses refrigerated trucks with freezer compartments to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items. Frozen items must immediately be placed in a freezer. In an effort to meet the committed delivery times for all of our customers, our delivery personnel cannot wait for an inspection of the items delivered.

3.2. Delivery Requirements.

To receive delivery, you must live in a residential apartment/ home or office location and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery time-slot. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you, your doorman, and your authorized representative are not present during your selected delivery window, we will reschedule the delivery according to our next time slot available. In such a case, if we are unable to redeliver the order to you for any reason, the order will be canceled and refunded (for Online Payments).

3.3. Unattended Delivery.

In certain areas, Day Fresh may offer unattended delivery. If you choose to have an unattended delivery option, you, and not Day Fresh, are solely responsible for products that are left at your delivery location.

3.4. Limits and Adjustments to Delivery.

Day Fresh delivers case sizes of a variety of different goods, including but not limited to grocery products, dairy products and beverages. Given the heavy weight of some of these products, and our concern for the health and safety of our personnel, we have purchase limits on a variety of these items on our Platform. Additionally, in the interest of the health and safety of our personnel, in non-elevator buildings, the highest floor we can deliver to is the 2nd floor and with orders containing 3 cases or more of beverages or other heavy items, we cannot deliver above the 2nd floor. In the event of a non-functioning elevator, the preceding delivery restrictions apply. Our technology cannot and does not enforce these limits. We ask you to abide by these service limitations, as we reserve the right to limit a delivery when an order exceeds these limitations.

3.5. Invoices.

You will receive an email invoice on the day of your delivery. All of your order invoices are available in the “Your Account” section of our Platform. If something is missing from your order, please contact our Customer Service Department.

3.6. Inclement Weather and Unforeseen Delivery Complications.

In the case of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule which will cause us to suspend chosen delivery dates and times. If there will be a significant delay in delivering your order, a customer service representative may call or e-mail you to let you know the status of your delivery time. We will attempt to deliver your order as quickly as possible when the conditions permit. If your designated delivery location (e.g. street closure) or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date to make the delivery.

3.7. Tips.

Day Fresh delivery personnel are allowed to accept tips. Customers are under no obligation to tip delivery personnel but have the option of doing so if exceptional service is provided by the delivery personnel.

4. Access to the Day Fresh Service

4.1. Email / Phone and Passwords.

Access to the Platform is accomplished by creating an account through the use of an email address or phone number and a password that you choose upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name, password and all use or charges incurred from use of the Day Fresh Service with your password. You agree to notify Day Fresh promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Day Fresh Service until you notify Day Fresh.

4.2. Your Account.

You are responsible for, and agree to pay promptly, all charges to your account, including purchases by you or anyone you allow to use your account to access the Day Fresh Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, phone number, e-mail address, and authorized representative for your order. You can update your information in the “Your Account” area on our Platform or contact our Customer Service department. Please do not send Card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Day Fresh, and accept responsibility for all activities that occur under your account or password. You will comply with all laws applicable to your activities on the Platform and with this Agreement.

4.3. Corrections.

If you would like to update or correct information previously provided to us, please send an email with your new information to [email protected] or you can update your account information yourself by going to “Your Account” on the Platform. Please do not send credit card or other payment information via email.

4.4. Privacy Policy.

Please review our Privacy Policy, which also governs your visit to the Platform and use of the Day Fresh Service, to understand our practices..

5. Warranty Disclaimer; Limitation of Liability; Indemnification

5.1. YOU EXPRESSLY AGREE THAT USE OF THE DAY FRESH SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE DAY FRESH SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAY FRESH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE DAY FRESH SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE DAY FRESH SERVICE; DAY FRESH DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. DAY FRESH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, RELIABILITY, CORRECTNESS, ACCURACY, CONTENT, OR OTHERWISE OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE PLATFORM OR THE DAY FRESH SERVICES. DAY FRESH DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2. NEITHER DAY FRESH NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES, INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "DAY FRESH PARTIES") SHALL BE LIABLE, IN CONTRACT OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, THE DAY FRESH SERVICE, OR THE INTERNET. DAY FRESH'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE DAY FRESH SERVICE AND TO TERMINATE THIS AGREEMENT. DAY FRESH RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER.

5.3. The material in the Platform is provided for lawful purposes only.

Day Fresh operates this Platform for use in specific jurisdictions where it provides its Services, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

5.4. You agree to defend, indemnify, and hold Day Fresh Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.

6. General Terms

6.1. Termination.

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Day Fresh may suspend or terminate this Agreement or the Day Fresh Service or remove or disable access to any portion of the Day Fresh Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Day Fresh Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Day Fresh reserves the right to collect fees and charges incurred before you cancel your Day Fresh Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

6.2. Notices.

Day Fresh may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in the “Your Account” section of the Platform. You may give notice to Day Fresh by email (as specified in the "Help" section of the Platform), or by conventional mail to:

Day Fresh,

Al Dhahak St., 3 Ln,

Salmiya, Kuwait

Attention: CUSTOMER SERVICE

6.3. Entire Agreement.

This Customer Agreement, the Platform Terms of Use, and the Privacy Policy referred to herein represent your entire agreement with Day Fresh regarding the use of the Service and the Platform. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Day Fresh, and Day Fresh Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Kuwait without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Day Fresh or relating in any way to your use of the Service or the Platform resides in the federal and state courts of Kuwait and you further expressly consent and agree to personal jurisdiction by the courts located in the State of Kuwait in connection with any such dispute, including any claim involving Day Fresh Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or it shall be barred.

6.4. Third-Party Beneficiaries.

The provisions of this Agreement are for the benefit of Day Fresh Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Day Fresh Service.

6.5. Amendment.

Day Fresh may amend this Agreement at any time by posting the amended terms on our Platform. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Platform for orders already placed. By using this Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.

ADDITIONAL TERMS FOR DAY FRESH CORPORATE SERVICES CUSTOMERS ONLY

This section applies to Day Fresh Corporate Services Customers only; if any terms in this section are inconsistent with any terms above, the terms of this section shall apply with respect or Corporate Services Customers. All other terms of the Customer Agreement, above, apply to Corporate Services Customers.

7. Day Fresh Service

7.1. Ordering through the Platform.

Delivery is available on most non-holiday weekdays; check the Delivery Info page for exact delivery dates. Orders must be received before the posted cutoff time for a given delivery. Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. You can modify an existing order (including the addition or deletion of items, a change in the time or delivery date, and the cancellation of your order) via the Platform (in the "Your Account" section) up until the posted cutoff time for that delivery. You may cancel orders via the "Your Account" section of the Platform or by contacting our Corporate Services Department via our Customer Inquiry email form. Please see the “Help” section of the Platform for Customer Service hours. However, modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders after the required cut-off time will result in a restocking fee equal to the fees described in the main Customer Agreement.

7.2. Delivery Requirements.

To receive delivery, your requested delivery destination must be in a commercial building where Day Fresh is permitted to make deliveries and you or an authorized representative must be present to receive your order from our delivery personnel during your selected delivery window. Day Fresh reserves the right to limit deliveries to the lobby or main entrance of your commercial/office building. The authorized representative can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If you and the authorized representative are not present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery for that day. In such a case, if we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged a restocking fee as described above.

8. Access to the Day Fresh Service

Email, Phone Number and Passwords.

Access to the Day Fresh Service is accomplished through the use of an email address or a phone number and a password that can be set by you upon registration. If you are a Corporate Services customer, before your registration is complete, Day Fresh may require verification of your address for delivery. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Day Fresh Service with your password. You agree to notify Day Fresh promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Day Fresh Service until you notify Day Fresh of the unauthorized use of your password.

This Agreement was last revised on September 1st , 2020.