Terms of Use

SMUTH Delivery Terms of Use
Effective Date: September 17, 2025

Welcome to SMUTH Delivery! By using our food delivery services, you agree to the following terms and conditions. These terms apply to your access to and use of SMUTH Delivery Delivery Service on https://smuthdelivery.com/tci (the Platform). This service is provided by SMUTH Delivery. SMUTH Delivery’s registered address is 31 Downward Drive, Venetian Road Settlement TKCA 1ZZ, Turks & Caicos Islands. If you do not agree with these terms, please do not use our services.

  1. Acceptance of Terms
    By accessing or using our website, mobile web app, or services, you confirm that you are at
    least 18 years old and have the legal capacity to enter into these terms. If you are using our
    services on behalf of a company or organization, you represent that you have the authority to bind that entity to these terms.
  2. Services Provided
    SMUTH Delivery offers food delivery services that allow users to order food from participating
    restaurants through our platform. We are a facilitator of the food delivery process and do not assume any responsibility for the quality, safety, or legality of the food provided by the
    restaurants. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
  3. Ordering Process
    Users can place orders through our website or mobile app.
    All orders are subject to acceptance by SMUTH Delivery. We reserve the right to refuse or cancel any order for any reason.
    • Upon placing an order, users will receive an order confirmation via email, SMS and/or WhatsApp notification.
    • When you place an order through the SMUTH Delivery app, you are entering into an agreement directly with the restaurant, not with SMUTH Delivery itself. The restaurant is responsible for the products and services they provide, including setting taxes on receipts and determining prices. The food available on SMUTH Delivery may be mispriced, described inaccurately, or unavailable, and We may experience delays in restaurants updating information regarding their menu items on the service and in our advertising on other websites.
    • If an item is out of stock, the order will not be accepted by the merchant. In this instance, the Vendor will either cancel the Buyer’s order or will contact the buyer to edit their order to exclude the items that are not in stock. After the Buyer edits their order, they may re-checkout with the available items.
  4. Pricing and Payment
    Prices for menu items are determined by the respective restaurants and may vary. All prices are subject to change without notice.
    • Users are responsible for paying the total amount of the order, including taxes, fees, and delivery charges.
    • Payments can be made via accepted payment methods listed on our platform. By providing your payment information, you authorize SMUTH Delivery to charge your selected payment method.
    • SMUTH Delivery processes payments on behalf of the restaurants, accepting debit and credit cards and is not a financial institution, meaning SMUTH Delivery’s primary function is to facilitate the transaction between you and the restaurant.
    • SMUTH Delivery will make reasonable efforts to maintain the confidentiality of Your credit card data and other personal information (“Sensitive Information”) in its possession. Notwithstanding the foregoing, however, SMUTH Delivery accepts no responsibility and will not be liable for any loss, damage, misuse, or unauthorized access of Your Sensitive Information even if SMUTH Delivery has been advised of the possibility of such liability.
    • SMUTH Delivery uses third-party intermediaries to manage credit card processing and these
      intermediaries may or may not store, retain, or use your billing information to process your credit card information. The transfer of personal data and the integrity of the Website is protected by using SSL (Secure Sockets Layer) encryption technology as a secure channel in the transactions you make The intermediaries are PCI compliant providers, meaning they adhere to security standards for handling credit card information. SMUTH Delivery also takes every measure to protect our users’ credit card information; however, should any third party illegally break through our security and access our database, then your or your customer’s data may be at risk. In addition, you may receive credit card information along with an order. It is your responsibility to properly handle, secure and destroy that credit card information. In such events,
      you release SMUTH Delivery from all liability regarding the use, management and storage of credit card information.
  5. Delivery
    Delivery times are estimates and may vary based on factors such as restaurant preparation
    time, traffic conditions, and the availability of delivery drivers.
    • Users must ensure they provide accurate delivery addresses. SMUTH Delivery is not responsible for delays or failure to deliver due to incorrect information.
    • If delivery time has exceeded the forecasted time, please contact us so that we can conduct an investigation.
  6. Cancellations and Refunds
    Users can cancel orders ONLY before they are confirmed and accepted by the restaurant and drivers. Once confirmed, cancellations may not be possible or a fee may be incurred.
    • Refunds are issued at the discretion of SMUTH Delivery and will follow our refund policy outlined in the app/website.
  7. User Responsibilities
    Users agree to provide accurate, current, and complete information when placing orders and keep contact details within your account updated.
    • Users must not misuse our services or engage in any fraudulent or unlawful activities.
      Users are responsible for their account activity and must maintain the confidentiality of their account information.
  8. Limitation of Liability
    SMUTH Delivery shall not be liable for any indirect, incidental, or consequential damages arising from your use of our services. Our liability is limited to the fullest extent permitted by law.
  9. Indemnification
    You agree to indemnify, defend, and hold harmless SMUTH Delivery, its affiliates, officers, directors,
    and employees from any claims, liabilities, damages, or expenses arising out of your use of our services or violation of these terms.
    • User and service provider shall be responsible for obtaining and maintaining all telephone,
      computer hardware, software and other equipment needed for access to and use of Website and all charges related thereto shall be borne by the concerned parties.
  10. Governing Law
    These terms are governed by the laws of the Turks and Caicos Island, without regard to its
    conflict of law principles. Any disputes arising from these terms will be resolved in the state or federal courts located in the Turks and Caicos Island.
  11. Changes to Terms
    We may update these terms from time to time. We will notify users of any significant changes via email or through our platform. Continued use of our services after any changes constitute your acceptance of the new terms.
  12. Proprietary Rights and Trademarks
    The Site contains copyright material, trademark and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. All proprietary material displayed on the Site or provided on demand, is copyrighted as a collective work either owned by SMUTH Delivery or licensed from a third party.
    SMUTH Delivery owns copyright in the selection, coordination, arrangement and enhancement of such proprietary material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit the content, in whole or in part. User may download copyrighted material for user’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SMUTH Delivery. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
  13. Customer Service
    For any questions or concerns regarding these terms, please contact us at:
    Email: orders@smuthdelivery.com
    Phone: +TBD
  14. User Agreement
    By using our services, you acknowledge that you have read, understood, and agree to these
    SMUTH Delivery Terms.