Welcome to Jumla Club website (https://jumla.io) and applications (henceforth, referred to as “the platform”). This page, and the documents referred to herewith, describes the terms and conditions of the services provided on the platform. Please read carefully before using the platform. By accessing the platform or by using our services, you agree to be bound by these terms and conditions.If you have any question related to the terms and conditions, please contact us at support@jumla.io. If you do not accept our terms and conditions, please leave the platform immediately.

1. Information about us

Jumla Club Company for General Trading (henceforth, referred to as “we” or “Jumla Club”) is a limited liability company incorporated and registered in the State of Kuwait. Our office is located at the 1st Floor, Alshamiya Tower, Alsoor Street, Alqibla, Kuwait City. Our business license no. is 92241/2017. Jumla Club owns and operates the platform.The platform allows food manufacturers and suppliers (henceforth, referred to as “Jumla Club partners” or “our partners”) to showcase their products, and businesses such as restaurants, hotels, and cafes (henceforth, referred to as “Jumla Club members” or “our members”) to order and pay for these products online.

2. Purpose

The purpose of the platform is to provide our members with a simple and convenient way to manage their entire procurement activities. We link them with our partners, show them an extensive range of our partners’ products, and facilitate the orders and payments between them and our partners.

3. Service Availability

Browsing parts of the platform is open to the public, whether they are guests or registered users. All other services are restricted to our partners and members. Our members are registered Kuwaiti businesses. Our partners are registered businesses who agree to sell and distribute their products in Kuwait and receive their payments in Kuwaiti Dinars. We do not accept orders from individuals or from businesses located out of Kuwait’s mainland. Each partner has its own terms and conditions. Please refer to them before placing orders.

4. Users’ relationship to Jumla Club partners or members

A Jumla Club partner or member may request granting or denying access to its part of the portal to any registered user by writing to support@jumla.club. Jumla Club holds no responsibility on the user’s actions or the user’s access to data that may be deemed confidential.

5. Verified Business

A Jumla Club member could be verified by us. A verified business means that Jumla Club possesses copies of our member’s legal documents and a signed enrollment and authorization form from an authorized signatory representing our member.

6. Starting an order

When a Jumla Club member places an order through our platform, we will notify the related Jumla Club partner by email (the “New Order!” email). Our partner will only be able to respond to our member’s order after receiving the order. When this happens, we will notify our member by email (the “Order Received!” email). This email is a certification that our partner is working on the order.

7. Closing an order

After fulfilling an order, Jumla Club partner will close it. We will notify our member by email (the “Order Closing!” email). If our member agrees with the order’s content and actual delivery and payment, it can confirm the order. Otherwise, our member can dispute the order. We will notify our partner by email (the “Order Disputed!” email).

8. Amending or cancelling an order

In case that a Jumla Club member wants to adjust quantities, or in the unfortunate case that it does not want to proceed with the order, it can request cancelling the order. We will notify our partner by email (the “Change Request!” email). The partner’s terms and conditions apply. The Jumla Club partner initiates the cancellation process. The Jumla Club member confirms the cancellation.

9. Dormant orders

Jumla Club reserves the right to act on behalf of our members and partners if they do not perform any activity on an order for more than two business days (henceforth, referred to as “intervention”). Jumla Club partners and members assume all the consequences of this intervention. Jumla Club does not assume any responsibility for this intervention.

10. Delivering goods

The platform displays Jumla Club partners’ ordering terms and conditions, which include the ordering cutoff times. The platform also displays Jumla Club members’ locations, preferred receiving hours, and working hours. Our partners and members agree to coordinate their operations to deliver and receive orders in an efficient way. Our partners reserve the right to reschedule or cancel the delivery in case of any delays encountered.

11. Quality of service

We do monitor all orders on the platform and our utmost duty is to ensure that orders progress smoothly. Hence, it is essential that our partners and members comply with our standards and help us maintain our reputation. If you have any comments related to the performance of our partners or members, please write to us at support@jumla.io.

12. Products

All products shown on the platform are subject to availability. We ask our partners to update the availability of their products in a timely manner. In case a product is unavailable, our partners can change the quantity to zero and proceed with the remainder of the order, if there is any. Jumla Club cannot guarantee the availability, nor the quality of the products sold on the platform.

13. Public prices

Jumla Club partners have the option of (a) listing a product without a public price, (b) listing a product with a negotiable public price, and (c) listing a product with a fixed public price. Our partners reserve the right to amend the public prices at any time.

14. Price negotiation

When a Jumla Club member places an order, the supplier will price it if needed. If our partner needs a member’s confirmation before proceeding with the order, we will notify our member by email (the “Confirmation Required!” email). Our members have the discretion of cancelling the order in case they do not agree on the price. Prices negotiated in the purchase request are private and are only visible to the concerning Jumla Club partner and member.

15. Trade Credit

If a Jumla Club partner wants, at its own discretion, to extend a trade credit to a Jumla Club member through Jumla Club, it can do so by choosing a due date in the future that reflects the credit term of that member. Jumla Club does not take any responsibility of the orders that go uncollected. It is the sole responsibility of our partners to manage their own trade credit arrangements.

16. Payment

Jumla Club members can pay for all orders on Jumla Club directly to our partners, or using our payment service. Jumla Club Payment System is an electronic payment system that consolidates all our members and partners transactions. Using Jumla Club Payment System, our members can pay using K-Net, bank transfers to our bank account, or checks written to Jumla Club. Payments made through Jumla Club Payment System are paid directly to Jumla Club and are subsequently transferred to our partners. Jumla Club is authorized by our partners to accept payments on our partners’ behalf. Paying through Jumla Club Payment System will discharge our members from paying for their orders to our partners. Jumla Club will not release payment until after the concerned purchase request is finalized.

17. Data Sharing

We may disclose your information to our staff and to third parties involved in fulfilling your order, and for the analysis and support of your use of the website. We may disclose your information if necessary to protect our legal rights, if the information relates to actual or threatened harmful conduct, or we have good faith belief that such action is necessary to
(1) conform to the requirements of law or comply with governmental orders, court orders, or legal process served on us or (2) to protect and defend our property or other rights, the users of the website or the public. This includes exchanging information with other companies and organizations for fraud protection and credit risk protection.

18. Our Liability

To the extent permitted by law, Jumla Club provides services 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 our services, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Jumla Club nor any of our partners shall have any liability to our members for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from the use of or the inability to use our services. In the event that Jumla Club or our partner is found to be liable to our member our total aggregate liability is limited to the total amount our member has paid for in its purchase request. This does not include or limit in any way Jumla Club’s or any partner's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.Events out of our controlNo party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse our members from any payment obligations under this Agreement.

19. Events out of our control

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse our members from any payment obligations under this Agreement.

20. Severability

If any provision of this Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

21. Entire agreement

These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

22. Our right to vary these terms and conditions

Jumla Club may revise these terms of use at any time by amending this page. All users and Jumla Club partners and members are expected to check this page from time to time to take notice of any changes we make, as they are binding on them.

23. Law and jurisdiction

The Kuwaiti courts will have jurisdiction over any claim arising from, or related to, any use of our services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the State of Kuwait.