Promotion’s General Terms and Conditions “$0 Delivery Fee Promotion” (the “Promotion”)
Below are the Terms and Conditions under which the promotional activity $0 Delivery Fee Promotion ("the Promotion") shall be developed and carried out. An individual wishing to participate ("the Participant") recognizes and accepts that the development and execution of the Promotion shall be subject solely and exclusively to these Terms and Conditions.
The Promotion is organized exclusively by Innovative Menu Solutions Limited ("the Organizer"), located at 7B Lilford Road, Kingston 10, Jamaica and operates the food delivery service “7Krave”. The Promotion sponsored by Mastercard International Incorporated ("Mastercard"). The Organizer is solely and exclusively responsible for organizing the Promotion and offering the discount related to the Promotion.
An Eligible Mastercard Cardholder (as defined below) shall qualify for a $0 delivery fee when the Eligible Mastercard Cardholder makes a purchase via the 7Krave website or app during the Promotion Period (as defined below) using his or her Mastercard branded Credit Card or Mastercard branded Prepaid Card and otherwise complies with the participation requirements provided in these Terms and Conditions. For the avoidance of doubt, if the Eligible Mastercard Cardholder meets the aforementioned criteria, then they shall not be charged a delivery fee from the Organizer.
The Promotion is valid during the promotion period which begins at 12 a.m. on Friday, August 7, 2020 and ends at 12 a.m. on Friday, September 18, 2020 (the "Promotion Period").
FIRST: PARTICIPATION REQUIREMENTS
“Eligible Mastercard Cardholders” are hereby defined as individuals who may participate in the Promotion by complying with the following criteria:
- possesses a valid and active Mastercard branded Credit Card or Mastercard branded PrepaidCard;
- charges for all services/products consumed/purchased from the 7Krave website or app must be charged to his or her Mastercard branded Credit Card or Mastercard branded Prepaid Card;
- is at least eighteen (18) years of age; and
- the Mastercard branded Credit Card or Mastercard branded Prepaid Card used for the 7Krave purchase is open and in good standing with the financial institution that issued said Mastercard branded Credit Card or Mastercard branded Prepaid Card.
SECOND: ACCESS TO THE DISCOUNT
To access the discount which is the subject of this Promotion each Participant hereby agreesthat by receiving, using or accepting the benefit of this Promotion, the Participant acknowledges to have read these Terms and Conditions and to have duly agreed to be absolutely bound by these Terms and Conditions.
THIRD: PROMOTION LIMITS
The Promotion is only valid for (i) Kingston, Jamaica, (ii) St. Andrew, Jamaica and (iii) St. Catherine, Jamaica.
FOURTH: ILLICIT OR FRAUDULENT OPERATIONS AGAINST PROMOTION
Organizer reserves the right to, in its sole discretion, invalidate any and all participation of any Participant, if the Organizer considers that the Participant has tried, or has effectively managed, to unlawfully or fraudulently manipulate the administration, security, equity and due execution of the Promotion.
FIFTH: OTHER LEGAL ISSUES
- The discount which is the subject of this Promotion is personal and non-transferable.
- This Promotion cannot be combined with other discounts and / or promotions and is not redeemable for cash.
- The Organizer is exclusively and directly responsible to the Participants for the quality of its products and / or services, as well as for compliance with all existing standards (during the Promotion Period) related to production, standards of health, marketing and use of the products / services that are the object of the Promotion. Mastercard does not provide any product and / or service, nor is responsible for the products or services that are the object of the Promotion, nor for human, technical or computer errors that cause the discount of this Promotion not to be received.
- Neither Mastercard, nor its designees, nor assignees, nor any of their respective directors, employees, representatives and / or agents, will be liable for damages that are totally or partially due, directly or indirectly, to the acceptance of the products or services offered by the Organizer, including physical, mental or patrimonial damage, serious bodily injury or death.
- By participating, it will be understood that the Participants have accepted these Terms and Conditions in their entirety.
- These Terms and Conditions will be valid before the Organizer, independently of the proposals, offers and / or communications from the issuing banks, as well as third parties, directly related to these Terms and Conditions.
SIXTH: MODIFICATION OF THE TERMS AND CONDITIONS
To the extent permitted by the Jamaican legislation and if necessary, and / or at the discretion of the Organizer, the Organizer reserves the right to extend and / or clarify the scope of these Terms and Conditions, and / or any of the procedures, which will be communicated through the social networks and the Promotion website.
SEVENTH: APPLICABLE LAW
Participants acknowledge and agree that the applicable law of any dispute arising in relation to the activity will be that of Jamaica and waives its right to initiate any type of claim in another jurisdiction.
- Any dispute or difference between the Parties (“the Organizer, the Participant and/or Mastercard”) relating to this Terms and Conditions shall first be referred to mediation by one Party serving notice on the other that it wishes to refer such matter(s) to mediation at the Dispute Resolution Foundation (Jamaica).
- Any dispute or difference which may arise between the Parties arising out of or in connection with these Terms and Conditions which cannot be settled amicably at the conclusion of two (2) mediation exercises shall be referred to a single arbitrator to be agreed between the Parties, or failing such agreement within fourteen days, the aggrieved Party shall write to the Bar Association of Jamaica requesting that a single arbitrator be appointed by the President of the Bar Association to the hearing of the arbitration proceedings.
- Any award made at arbitration proceedings shall be deemed final and binding on the Parties and may be entered and enforced in any court of competent jurisdiction.
If any clause, or portion of a clause, in these Terms and Conditions is considered invalid under the rule of law, it shall be regarded as stricken while the remainder of the Terms and Conditions shall continue to be in full effect.