Terms and Conditions
1. Enactment of Agreement
- You are required to register for a V-Thru account to use the mobile app. When you register for a V-Thru account, you will be asked to provide your name and mobile number. After filling out the registration form, agree and undertake to adhere to the provisions of the user agreement for V-Thru. By filling out and affirming the registration form, the user agrees to be bound by the user agreement of V-Thru.
- Users are accountable in doing the necessary actions to access the V-Thru mobile app. It is your duty to safeguard your account. You must ensure that all individuals who access the mobile app using your Internet connection have complete understanding of the mobile app terms and agree to abide by them.
2. Service Details
- By registering as a member of V-Thru and ratifying the agreement, you are eligible to order from stores online.
- V-Thru links you to vendors (“Vendors”) so you can communicate your orders to stores shown on this mobile app.
- V-Thru was created to provide consumers with a simple, fast, and convenient service that connects them to stores in their local vicinity. The mobile app’s interactive menus enable customers to browse the menu, choose the product they want, and submit their orders at the click of a button. V-Thru acts as an agent on behalf of that Vendor to facilitate, process, and finalize the customer’s order.
- The production process is the sole responsibility of every store. V-Thru does not engage or take part in the selling or production of any product made at the stores.
- The mobile app is equipped with a search function that allows the user to find and locate stores operating in their local area. The ordering of the product is performed online through this mobile app.
- Vendors agree to conform and adhere to the country local rules, regulations, and laws when it comes to the production, marketing, sale, and implementation of safety guidelines and procedures.
- V-Thru does not in any way independently verify the credentials, representations or products of stores, the quality of any products, or that a store is in compliance with applicable laws. Consumers can make use of the information provided by Vendors on the mobile app or other information requested by consumers directly from the stores pertaining to the quality of the product and reliability of the stores, as well as to their compliance with applicable laws.
- V-Thru does not in any way guarantee the quality of the product ordered through the mobile app or their compliance with applicable laws. V-Thru does not guarantee the availability of all items shown on the menu displayed on the mobile app.
- In addition, V-Thru does not guarantee the authenticity of any food that is specially labelled as "organic," "macrobiotic", "nut-free", "gluten-free", or "lactose-free". V-Thru does not conduct independent investigations to verify such descriptions or representations.
- Vendors are responsible for the preparation, condition and quality of products shown on the mobile app. V-Thru shall not be liable or responsible for any products or services offered by stores that may be considered unhealthy, is the cause of injury, or does not meet the standards or expectations of consumers in any manner.
3. V-Thru Ordering Process
- Use the mobile app to choose the store and the store’s list of products or menu will be displayed. Scroll down and select the desired product from the chosen store. Review the order before proceeding. Add the car to complete the order.
- Choose the payment method. Options include paying online via debit card/credit card or Wallet or paying in cash directly at the store.
- Once the store receives the order ticket, a confirmation will be sent to the user.
- The map, address of the store, and directions will be displayed on the app. The travel time from the location to the store will also be shown on the app.
- The store will then begin preparing the product. Once the order is ready, the store will send a message to the customer notifying the person that the order is ready.
- The customer can collect the product upon his/her turn at the drive-thru.
- The Success page is provided for the purpose of rating the customer’s experience. This will help V-Thru develop ways to further improve our services.
4. Late Order
- If the order is late and no updates are provided by the store as to the expected time, call the store (the contact number is shown on the app) or go to the location of the store.
5. Order Cancelation
- The order of the customer may only be cancelled before the store confirms the order.
- While V-Thru tries its best to provide and maintain accurate pricing and product descriptions, we affirm the right to cancel any order that is based on incorrect information.
6. V-Thru Membership
- To become a V-Thru member, you are required to input your personal mobile number on the app. A 4-digit code will be sent to you which you will type on the space provided on the app. Once validated, you will be asked to provide your First Name and Surname. By signing up, you agree with V-Thru’s Terms and Conditions. V-Thru is not liable for any problems which may result from the use of the mobile number on the app. V-Thru will not share your user info with any third party companies - your mobile number may be shared with the store you ordered from for the purpose of providing faster and efficient service. In order for the user to connect with app services, you are required to enter your mobile number which constitutes as the “login” to V-Thru app.
- In creating a V-Thru account, claiming a business listing, and/or by using the mobile app, you represent to us that all personal information provided by you is true, accurate, current, and complete in all respects and that you will notify us immediately of any changes by updating your information on the mobile app as and when necessary in order to keep it accurate or by getting in touch with us. If you are creating an account or claiming a business listing, then you warrant that you are the owner or authorized agent of such business. You also acknowledge that you will not impersonate any other person or business, or use a fake name or fake account, or use a name that you are not authorized to use.
- You also agree that you are not allowed to create multiple accounts or multiple business listings for use by the same person. Any false representation or infraction of this clause may result in discontinuation or cessation of your membership.
- You agree not to use the mobile app for any illegal/illicit or unauthorized purpose, including without limitation to:
- Sharing or disseminating any illicit, defamatory, abusive, threatening, harmful, malicious, pornographic, or otherwise disagreeable material
- Spreading material that is considered an unlawful act or criminal offense, results in civil liability or otherwise infringes any laws, regulations or codes of practice.
- Impedes with another individual’s use or pleasure of the mobile app.
- Engaging in actions that ruin, disable, impair the operation of this mobile app or undertakes to obtain unauthorized access to the mobile app or to other connected networks, by means of hacking, spoofing, or other such similar acts.
7. Responsibilities of a V-Thru Member
- As a member of V-Thru, you accept and commit to the following during the use of the mobile app and its services:
- All the information that you provided in the registration form is true and precise. As a V-Thru member, you are solely responsible for any losses which may result from misrepresentation or insufficient information; and in such cases, may arise in the ending/discontinuation of one’s membership.
- You warrant that you have sole responsibility for all personal ideas, point of views, and statements that you provide while using the services of V-Thru, all the files uploaded to V-Thru and personal data submitted, and that in no way shall V-Thru be held responsible for these files, not to access any services provided in V-Thru unauthorized and in any way other that the one identified by V-Thru; not to modify/alter the software in any manner; not to use the software that has been classified as altered; and to compensate V-Thru for all material and moral losses in the event the member fails to adhere with the aforementioned articles, V-Thru shall not be liable for any damages which may result from accessing of information belonging to any members by any unauthorized people, not to circulate any messages which are threatening, immoral, racially and opposed to the Laws of Kuwait 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 hassle, intimidate, and/or threaten other users, or any of V-Thru live chat personnel, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any immoral, improper, and illegal materials and information which may arise to damages to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, not to participate in any activities such as survey, competition or chain/spam text messages, not to disseminate any information or programs which may cause adverse/damaging effects to the information or software in the computers of other users.
- The user gives full consent to all the materials and records submitted to V-Thru; the user shall undertake full responsibility for any damages, loss of information or other losses resulting from user’s own actions in the user’s computer; user shall not be eligible to demand any compensation for any losses caused from the use of the service; user agrees not to use the services of V-Thru for any commercial and advertising purposes without getting the permission of V-Thru.
- All of the systems may be checked, supervised, overseen, and tracked by V-Thru at any time or repeatedly.
- V-Thru reserves the right to use its system for commercial purposes. V-Thru affirms that it shall not exploit the personal information of its members nor shall it send any information which is against the law. V-Thru agrees not to disseminate any unauthorized messages or harmful programs that can disrupt or damage the system.
- As a member of V-Thru, you are solely responsible for all kinds of actions performed using your V-Thru account.
- V-Thru users are subject to the following:
- You shall not utilize the mobile app for purposes that are against the law; not to carry out any actions that breach or violate the mobile app or its content.
- You’re not allowed to access the mobile app or services using the account of another individual without securing the permission of the person who owns the account.
- You are prohibited from accessing the computer systems without the permission or authorization of V-Thru using your mobile app.
- You are forbidden to upload or send malicious or harmful programs such as, but not limited to viruses. You agree not to disseminate aforementioned programs or softwares that can compromise the security of the mobile app or disrupt/corrupt its systems, servers, services, accounts, linked sites including store partners, etc.
- You are prohibited from accessing and using the mobile app for commercial purposes other than the authorized use of V-Thru services.
- V-Thru has legal ownership of the mobile app content including but not limited to product listing of stores and reviews. You are not authorized to copy the aforementioned content and you are prohibited from publishing it in print or online.
- You have no permission to create store reviews, social media posts, or blog articles in exchange of monetary compensation. Nor shall you engage in any of the aforementioned acts for the purpose of spreading fake news or damaging the image of V-Thru.
- You cannot meddle or obstruct another individual’s personal use and prevent others from enjoying the use of the mobile app.
- Minors (under the age of 18) are required to obtain the permission of, and be directly supervised by, their parent or guardian to use the mobile app. The parent or guardian of the minor must read and agree to this Agreement before allowing the minor to use the mobile app.
- The user should only use a credit or debit card under the user’s name when placing orders through the online payment gateway on V-Thru mobile app. Using a credit card or debit card other than your own requires obtaining the legal permission from the card owner to perform the transaction.
8. User Code of Conduct
- The user is barred from uploading, posting, or disseminating to or from this mobile app any material that:
- Violates or disagrees with any applicable local, national or international law; is against the law or deceptive or false; constitutes to unauthorized advertising; or amounts to harmful programs or contains viruses.
- You may not exploit or abuse the mobile app (including by hacking).
- Any comments or feedback that you upload or send to the mobile app must not:
- Include material that is considered offensive, defamatory, malicious, or pornograhic;
- Encourage or advocate violence or discrimination;
- Encroach upon in a way the intellectual property rights of another individual;
- Violate any legal duty owed to a third party (such as a duty of confidence);
- Encourage or advocate illegal activity or invade another’s privacy;
- Make it appear they came from our side; or
- Be utilized to pose as another person or to falsely represent your connection with another individual.
- The prohibited acts stated in the above paragraphs are non-exhaustive. The user is obligated to compensate V-Thru for all costs and damages which may arise from violating any of these restrictions.
- V-Thru will give its full cooperation to any law enforcement authorities or court order that may call for or impose on us to divulge the identity or location of anyone posting any material in violation of the above paragraph.
9. Restricted and Forbidden Actions:
- The user is prohibited from accessing or utilizing the mobile app for any other purpose other than that for which V-Thru makes it available. The mobile app is intended for personal use of members and shall not be utilized for any commercial activities except those that are specifically authorized or endorsed by V-Thru. If a user violates any of the sanctions, the company exercises the right to block, suspend, or stop the user’s membership and bar the individual from logging in the mobile app. Prohibited activities include but not limited to the following:
- Activities that are illegal or criminal in nature, including fraud, child pornography, peddling obscene material, dealing with prohibited or illegal drugs, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
- Any form of advertising to, or solicitation of, to buy or sell any products or services, unless V-Thru authorizes that individual.
- Systematic data extraction or other content from the mobile app for the intention of creating or compiling, directly or indirectly, a collection, compilation, database or directory without acquiring a written authorization from V-Thru;
- Using V-Thru services and gathering of usernames and/or mobile numbers of users without formal consent from V-Thru through electronic means or other methods for sending unsolicited text messages;
- Activities involving the unauthorized framing of or linking to the mobile app;
- Sending chain, junk, or spam text messages to other V-Thru members;
- Unauthorized use of information from the mobile app for the purpose of getting in touch, advertising, soliciting, or selling to other V-Thru members without getting formal consent beforehand;
- Participating in the automated use of the system in various methods such as using of scripts to gain friends, submitting or transmitting messages or comments, or utilizing any data mining, robots or other similar forms of data gathering and extraction tools;
- Taking part in acts that impede, intervene, disturbs, or impose undue burden on the mobile app or the networks or services linked or associated to the mobile app;
- Trying to pose as another user or individual;
- Using the first name and surname of another member;
- Engaging in acts to sell or transfer your profile;
- Getting hold of any information from the mobile app intended to hassle, intimidate, torment, burden, or harm another individual;
- Utilizing V-Thru services with the intention of competing with V-Thru or to provide services as a service office;
- Engaging in acts that deduce, decode, decompile, disassemble or reverse engineering any of the software that makes up any component of the mobile app;
- Act of circumventing any measures of the mobile app that have been created to avert or restrict access to the mobile app, or any parts of it;
- Pestering, tormenting, bullying, or threatening V-Thru company through any means of communication or to any of its employees or agents who take part in providing any V-Thru services to you.
- Engaging in activities such as showing ads or accepting monetary compensation or anything of value from a third party as payment for your commercial activities.
- Removing or erasing the copyright or other proprietary rights notice from any Contribution or V-Thru Content; and
- Utilizing the mobile app in a way that goes against any and all applicable laws and regulations.
- Other activities that are malicious or harmful in nature on V-Thru mobile app.
10. Rights of V-Thru
- V-Thru has the right to temporarily suspend or completely terminate the system operation at any time.
- Any temporary suspension or complete termination of the system operation frees or exempts V-Thru from any responsibilities against the members of V-Thru or any third parties.
- V-Thru does not guarantee that its services shall be provided on time in a secure and complete manner and that the results gathered or received from the services shall be accurate, exact, and reliable. V-Thru does not warrant that the quality of the service shall meet the expectations.
- V-Thru has the authority to back-up and delete all or some of the files and/or messages submitted by the members to the mobile app during the use of services for a certain time frame that V-Thru thinks is suitable. V-Thru shall not be held responsible in performing back-up and delete processes.
- V-Thru has the ownership and copyrights resulting from the ownership of the information, documents, software, designs, graphics, etc. which are created by V-Thru and/or outsourced.
- The sales of V-Thru are based on what is currently available on the menu of the stores provided in the mobile app. V-Thru cannot be held responsible for any product ordered and not provided by the store because it is not available.
- V-Thru warrants that it can post any information, documents, software, designs, graphics, etc. (in the form of messages, images, reports/news, bulletin board postings) that are submitted or uploaded by members to the system and/or spread or relay them to a different part of the mobile app that V-Thru deems appropriate. There is a possibility that the information is copied and/or posted by other members. Thus, users cannot claim any royalty from V-Thru.
- Companies with cyber stores in V-Thru are obligated to change the information in relation to the price and product specifications, which are provided to sell in V-Thru. If any misinformation arises relating to the price and specifications of products, V-Thru has the right to amend this error by cancelling the order.
- A member’s transition to other mobile apps may be provided by V-Thru. In this situation, the member agrees that V-Thru has no obligation relating to the context of the mobile app, which the member may access through its mobile app.
- V-Thru is allowed to make any changes in the implementation of this agreement, and change the existing articles or create additional articles intended to comply with any technical necessities and legislation which may materialize in the future.
- V-Thru may modify or alter in time the services for which any membership is not required to a form, which requires membership. Additional services may be given by V-thru as well partially or completely change some of the services. V-Thru may also transform into a paid service.
- Maintenance and upgrades may take place at certain times which will render the mobile app unavailable. V-Thru will strive to notify customers in advance of any service unavailability, however, V-Thru does not make any guarantees on this and reserves the right to change or withdraw the service at any time.
11. Dissolution of Agreement
- V-Thru warrants that it can cease this agreement unilaterally at any time.
12. Constraints or Limitations on Non-personal and Non-commercial Use:
- The user understands and agrees that the commercial use or re-publication of content or information of V-Thru may arise to serious and immense financial compensation that may not be enough or appropriate solution and that V-Thru has the right to temporary and permanent injunctive relief to block or ban such use.
13. Product Return:
- The terms of product return of the stores will be applied when it comes to any product returns. V-Thru has no obligation relating to disputes which may result from terms of product return belonging to the stores.
14. Refund Policy:
- V-Thru values customer satisfaction. Customers who have issues with their product orders can get in touch with V-Thru through our live chat or call us through our hotline number and we will gladly help you with your concern. V-Thru may coordinate with the store concerned and if the Support Manager deems the case valid and if you have already been billed by V-Thru, we will issue full or partial refunds.
- A refund can be issued if (a) the order is wrong (product is different from what you ordered on the app), (b) product did not not arrive but money was deducted, or (c) money was deducted but order was not submitted (e.g. system error).
- A refund request takes up to 24 hours to investigate and shall be subject to approval. Communication will be by chat and phone. Once approved, the refund will show as a credit balance in the user’s Wallet. The money may be withdrawn from your Wallet to your bank account. It takes 5-10 days to transfer the money from the user’s Wallet to the user's bank account.
- Customers with pending refund requests must be available on their respective contact numbers in case the V-Thru support needs to get in touch with them.
15. Payment Options
- The customer is given several payment methods on the mobile app. The current available payments are Cash, local debit cards,credit cards, and Wallet.
- V-Thru reserves the right to make changes in payment methods available to the client such as ceasing to offer a certain payment method or providing other payment methods.
- The customer is bound to select the payment method upon placing the respective order. When the customer selects an online payment method, the payment will be processed by an external online payment provider cooperating with V-Thru.
- The customer is required to make sure that the respective account can sufficiently cover the amount of the ordered items. When using a credit card, the amount of the ordered items must be within the card transaction limit. The customer should not engage in unauthorized debit charge backs. When using your Wallet, the amount of your Wallet should be enough to cover for the amount of ordered items.
16. Price and Payment:
- Every accepted order serves as an agreement between you, the customer, and the store. The store is solely responsible for this order. All cash payments are made directly to the store upon getting your order. If the customer selects a credit card or debit card payment on the mobile app, V-Thru will process the transaction as an agent of the store. Fees and other charges are calculated per order in accordance with the respective store’s policy. The Order Summary will clearly show or reflect applicable fees or any other charges.
- Any extra charges by the store that may arise due to the "Special Request" or the "General Request" placed by the customer will be shouldered by the customer and obligated to pay by cash.
- The order of the customer may only be cancelled before the store confirms the order.
- Customers must check if all the products ordered are complete before leaving the store to avoid any inconvenience. In case of missing or incomplete orders, inform the store immediately before leaving the store. Reimbursement will only be applicable for the missing item and will be subject to the store own reimbursement policy.
- You should only use the Credit or Debit card that belongs to you when placing orders and paying through the online payment gateway on V-Thru app. Otherwise, you are required to get the legal permission from the card owner to facilitate the transaction.
- As a V-Thru member, you are solely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the terms & conditions.
17. Validity of V-Thru Records:
- The member acknowledges, warrants, and states that any bookkeeping entry, microfilm, microfiche, and computer records serve as a valid, binding, absolute, and exclusive proof in the event of any disputes that may result in connection to this agreement; this article has the components of an evidential contract, and that the member forgoes or relinquishes in advance all forms of objections to the specified V-Thru records and waives the right to present or bid an oath in relation to the fact that these records are kept in due form.
18. Governing Law And Competent:
- These Mobile App Terms shall be governed by and construed in conformity with the law. Disputes or conflicts that may result in relation with these Mobile App Terms (including non-contractual disputes) shall fall under the exclusive jurisdiction of the courts.
- *You are not, for example, authorized to add or integrate the information, content, or other material in any database, compilation, archive or cache. You are prohibited from changing, altering, copying, distributing, disseminating, re-publishing, transmitting, displaying, performing, reproducing, publishing, reusing, reselling, licensing, creating derivative works from, transfering, or selling any information, content, material, software, products or services that you collect, gather or get from the mobile app, except as specifically mentioned above. Except as specifically authorized by V-Thru, you are not permitted to deep-link to the mobile app for any purpose or access the mobile app manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any part or component of the mobile app or any information, content, or material on the mobile app. V-Thru reserves all of its statutory and common law rights against any individual or entity that is in breach of this paragraph. You are prohibited from linking or framing to any pages of the mobile app or any content contained therein, whether in whole or in part, without getting a formal written consent beforehand from V-Thru. A member may become a "fan" of the mobile app or share links to the mobile app through means of social networking technology reference on the mobile app. Any rights not clearly stated or expressly granted herein are reserved.
21. Intellectual Property Rights:
- V-Thru owns or has a license to the content on the mobile app ("V-Thru Content") including trademarks, service marks, and logos contained therein ("Marks") and are bound by copyright and other intellectual property rights under state of Kuwait and international conventions.
- V-Thru Content comprises, without limitation, all source code, databases, functionality, software, mobile app designs, audio, video, text, photographs and graphics. All V-Thru graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of V-Thru in Kuwait and/or other countries. V-Thru does not allow its trademarks and trade dress to be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any way that may generate confusion and does not allow them to be copied, imitated, or used, in whole or in part, without securing a written permission beforehand from V-Thru.
- As an eligible member, you are given permission to use the mobile app, subject to a limited license to access and use the mobile app and the V-Thru content and to download or print a copy of any part of the V-Thru content to which you have properly gained access solely as long as it is intended for personal, non-commercial use.
- V-Thru reserves all rights not expressly granted to you in and to the mobile app and V-Thru Content and Marks. A member who downloads or prints a copy of V-Thru content intended for personal use agrees to preserve all copyright and other proprietary notices contained therein. As a member, you acknowledge and grant that you will not bypass, impair, or otherwise impede with the security related features of the mobile app or features that hinder or inhibit use or copying of any V-Thru content or engage in ways that will restrict or limit the use of the mobile app of V-Thru content therein.
22. Contribution License
- Members who post contributions on the mobile app automatically warrants, grants, and represents that you have the right to grant V-Thru an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, global 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 mobile app 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.
- V-Thru has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise modify or alter any contributions, (ii) re-categorize any contributions to place them in more appropriate areas or locations or (iii) screen beforehand or remove any contributions that are deemed inappropriate or otherwise goes against this Agreement.
23. Limitations of Liability:
- To the degree granted by law, V-Thru provides that this mobile app 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 mobile app. V-Thru does not guarantee that this mobile app contains no mistakes, that defects will be rectified, or that the mobile app or server that makes it available are virus-free or contains no harmful components. Subject to the previous paragraph, V-Thru directors, officers, agents, employees or contractors shall be free of 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 or state of being unable to use this mobile app. 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.
- THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE MOBILE APP (WHETHER PROVIDED BY V-THRU, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, PRODUCT 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, V-THRU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE