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Wajabaati
Wajabaati General Terms and Conditions – For Users

Please read these terms and conditions carefully before accessing any part of the website and before clicking to accept or agree to any option made available to you. Because any usage means that you have accepted and agreed to be bound by the Terms and conditions on this website.


1. Description


Wajabaati is an Online food order platform that offers food and beverages sellers, the opportunity to advertise and post their products and services under a large number of categories and sub-categories, and the opportunity for buyers to browse, search, and order the listed products or services through our “website”.

Wajabaati enables transactions between participant Kitchen/merchant and buyer, dealing in prepared food and beverages (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from a variety of products listed and offered for sale by various neighborhood Kitchen/merchant (“Merchant/s”), on the App Platform. Wajaabati is a platform that connects the buyer with the kitchen owner’s menu and facilitates the ordering and payment with the kitchen owners based in different localities and serviceable cities in the United Arab Emirates. The delivery will be the responsibility of the Kitchen Owners. Hereon, the Online food order Platform and the delivery services by the Kitchen owners will be collectively referred to as the “Services”.

Except as may be expressly agreed by the parties in writing, neither party may issue a press release or otherwise refer to the other party in any manner with respect to this Agreement or otherwise, without the prior written consent of such other party.


2. Eligibility to use the services


You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.


3. Compliance with Laws


You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party/parties.


4. Users Account Creation & Security


Though you can use our website as a guest, this does not require any of your personal information, but you will need to register to access the full benefit of the website service. You are required to create an account and enter your name, country code, specify an email address, your name, phone number, your раѕѕwоrd to use the full fеаturеѕ on the website. You agree to provide, maintain, and update accurate, current and complete information by the registration procedure. You may not impersonate as another person by using another person’s name, password or any account information. You may not misrepresent your own identity. You will bear full responsibility for any such activity and of maintaining full confidentiality of your login details and account information. If you believe that your account has been hijacked, you may contact us immediately.


5. Warranties


5.1 Wajabaati reserves the right to suspend/cancel or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.

5.2 You acknowledge and agree that if Wajabaati disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

5.3 Wajabaati reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Wajabaati Platform anytime in future.

5.4 Wajabaati may from time to time introduce referral and/or incentive-based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Wajabaati Platform terms. Further, Wajabaati reserves the right to terminate / suspend the Users account and/or credits / points earned and/or participation of the User in the Program if Wajabaati determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Wajabaati Platform terms or has engaged in activities which are fraudulent/unlawful in nature. Furthermore, Wajabaati reserves the right to modify, cancel and discontinue its Program without notice to the User.


6. Provision of the services being offered by Wajabaati


6.1 The Content on these services is for informational purposes only. Wajabaati disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Wajabaati reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Wajabaati does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items at any Kitchen. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Wajabaati.

6.2 Any certification, licenses or permits ("Certification") or information in regard to such Certification that may be displayed on the Restaurants listing page on the Platform is for informational purposes only. Such Certification is displayed by Wajabaati on an "as available" basis that is provided to Wajabaati by the Kitchen Owner(s). Wajabaati does not make any warranties about the validity, authenticity, reliability, and accuracy of such Certification or any information displayed in this regard. Any reliance by a user upon the Certification or information thereto shall be strictly at such users own risk and Wajabaati in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this information or for any inaccuracy, invalidity or discrepancy in the Certification or non-compliance of any applicable local laws or regulations by the Kitchen Owner.

6.3 We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.


7. Terms of Use


7.1 The Platform allows you to place food order bookings and we will, subject to the terms and conditions set out herein, enable delivery of such order to you.

7.2 Wajabaati does not own, sell, resell on its own and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.

7.3 As a general rule, all food orders placed on the Platform are treated as confirmed.

7.4 However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.

7.5 We may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in the price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that Wajabaati reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you to confirm the order and such event the provisions of the cancellation and refund policy below shall be applicable.

7.6 All payments made against the purchases/services on the Platform by you shall be compulsorily in Dirhams, acceptable in the United Arab Emirates. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by cash at the time of delivery. You understand, accept and agree that the payment facility provided by Wajabaati is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, Wajabaati is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

7.7 In the case of any additional request communicated by the user at the time of the booking, the same will be conveyed to the Kitchen by Wajabaati and confirmed to the user basis Kitchens response. While Wajabaati will take all the care to ensure timely communication of these requests to both the user and the Kitchen, the liability to fulfill the request lies solely with the Kitchen and Wajabaati shall in no manner be liable if the Kitchen does not honor any of the confirmed additional requests of the users.

7.8 You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.

7.9 You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

7.10 In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information to us or our Third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms. You, hereby, authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing the use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

7.11 The final tax bill will be issued by the Merchant to the Buyer along with the order and Wajabaati is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Wajabaati holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.

7.12 The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.

7.13 The Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to the Buyers and in no event shall be the responsibility of Wajabaati.

7.14 The transaction is bilateral between the Merchant and Buyer and therefore, Wajabaati is not liable to charge or deposit any taxes applicable on such transaction.


8. Cancellations and Refunds


8.1 Cancellation

8.1.1 As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, Wajabaati shall have a right to charge you cancellation fee of a minimum AED _25%_ up to the order value, with a right to either not to refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our Kitchen. Wajabaati shall also have the right to charge you a cancellation fee for the orders canceled by Wajabaati for the reasons specified in the Terms of this cancellation and refunds policy. In case of cancellations for the reasons attributable to Wajabaati or its restaurant and delivery partners, Wajabaati shall not charge you any cancellation fee.

8.1.2 However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.

8.1.3 We reserve the sole right to cancel your order in the following circumstance; If the designated address falls outside the delivery zone offered by us; Failure to contact you by phone or email at the time of confirming the order booking; Failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; Unavailability of all the items ordered by you at the time of booking the order; Unavailability of all the items ordered by you at the time of booking the order.

8.2 Refunds

8.2.1 You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:

  • Your order packaging has been tampered or damaged at the time of delivery;
  • If Wajabaati cancels your order due to (a) your delivery location following outside our designated delivery zones; (b) failure to contact you by phone or email at the time of confirming the order booking; or (c) failure to contact you by phone or email at the time of confirming the order booking; or
  • If you cancel the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

8.2.2 In case of payment at the time of delivery, you will not be required to pay for:

  • Orders where the packaging has been tampered or damaged by us;
  • Wrong order being delivered; or
  • Items missing from your order at the time of delivery.

Important


Our decision on refunds shall be at our sole discretion and shall be final and binding. All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card.


9. Methods of Payment


Once your order has been accepted, this represents an agreement between you the customer and the restaurant. The restaurant has sole responsibility for this order. Cash payments are made directly to the restaurant upon delivery to fulfill the order. If you have chosen to pay with credit or debit card on the platform then the transaction is processed by Wajabaati.com as agent of the restaurant. Delivery charges are calculated per order and based on the policy of the individual restaurant. Any delivery charges or any other fees will be displayed clearly in your Order Summary.

Using Debit/ Credit card/s

9.1 The customer is liable to pay by cash upon delivery any extra charges the restaurant might charge as a result of the "Special Request" or the "General Request" placed by the customer.

9.2 You may cancel the order if the delivery time exceeded the restaurant delivery promise time; your paid amount will be refunded back to your account.

9.3 The customer order cancellation is limited to a maximum time of 5 minutes from the time of placing the order.

9.4 The customer refund procedure might take 2-7 working days to process on the Debit /Credit Cards bank payment gateway. The customer may contact the bank in case of any delay in crediting back the customer’s account with the amount previously paid by the customer. We will send an email to the customer that contains a printout of the refund advice printed from Debit / Credit Cards bank payment gateway as a reference in case the customer wants to revise the bank with.

9.5 Customers using the Debit / Credit Cards facility are requested to be available on their respective contact numbers.

9.6 The customer would be reimbursed by the restaurant/ merchant in case the merchants face the inconvenience of a missing item (Reimbursement applicable only for the missing item and is subject to the merchants’ own reimbursement policy).

9.7 Credit or Debit cards used in placing orders through the online payment gateway on Wajabaati.com website or applications must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.

9.8 The customer is entirely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the terms & conditions.


10. Personal Information


Users will be required to share certain personal information with Wajabaati and/or the restaurant including but not limited to their name, phone number, email address in order to avail the Wajabaati Book Service and the user hereby permits Wajabaati to share such personal information with the restaurant/merchant for confirming such users booking and/or such other communication relating to but not limited to the Wajabaati Book Service or any promotions by the restaurant. Wajabaati will use these details in accordance with the Privacy Policy given in these Terms. Wajabaati will share your personal information with the restaurant for the purpose of your reservation. However, notwithstanding anything otherwise set out herein, Wajabaati shall in no manner be liable for any use of your personal information by such restaurant for any purpose whatsoever.


11. Indemnity


“You” agree to indemnify Wajabaati or its affiliates for any losses incurred by our website or by our business partners due to misrepresentation or identity theft of your account since “you” are responsible for safeguarding your account identity and password. Access to our website is temporary and Wajabaati reserves the right to withdraw or amend services without prior notice. Access may be restricted to some or all parts of this website and we do not own any liability for the website being inaccessible for a short or a long period of time. This website may contain links to social networking websites not operated by us, therefore, we do not hold any liability or responsibility for any loss or damage incurred by you, on using these websites. You will be bound by the terms and conditions published by these websites.

Prices on any product(s) as is reflected on the Platform may, due to some technical issue, typographical error or product information supplied by Merchant, be incorrectly reflected and in such an event Merchant may cancel such your order(s).


12. Limits of Liability


Wajabaati does not represent or offer warranty for specifics such as quality, value, salability, etc., of the products or services proposed to be sold or offered to be sold or purchased on the Platform. We do not support or endorse the sale or purchase of any products or services on the Platform. Wajabaati accepts no liability for any errors or omissions, whether on behalf of itself or the restaurants/merchants.

Wajabaati is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. Wajabaati cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. Wajabaati is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back-ordered.

Wajabaati is operating an online marketplace and operates as a facilitator, between the buyers and the merchants. We are not liable or responsible, at any point of time during any transaction between Buyer and Merchant on the Platform, for any of the products or services offered by Merchant. At no time shall Wajabaati hold any right, title or interest over the products nor shall Wajabaati have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.


13. No Publicity


Except as may be expressly agreed by the parties in writing, neither party may issue a press release or otherwise refer to the other party in any manner with respect to this Agreement or otherwise, without the prior written consent of such other party.


14. Governing law and dispute resolution


These Terms of Use are governed by the laws of The United Arab Emirates. Any action, suit, or other legal proceedings, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Abu Dhabi, United Arab Emirates.


15. General


Any and all notices permitted or required to be given hereunder shall be sent to the address first set forth on the Order Form, or such other address as may be provided, and deemed duly given (a) upon actual delivery, if delivery is by hand, (b) one (1) day after being sent by overnight courier, charges prepaid, or (c) by electronic mail to the designated recipient. In addition, you agree to receive auto-dialed calls or SMS messages sent by or on behalf of Wajabaati. The failure of either party to enforce, at any time or for any period of time, the provisions hereof, or the failure of either party to exercise any option herein, shall not be construed as a waiver of such provision or option and shall in no way affect that party’s right to enforce such provisions or exercise such option. Any modification or amendment to this Agreement shall be effective only if in writing and signed by both parties. In the event any provision of this Agreement is determined to be invalid or unenforceable by the ruling of an arbitrator or court of competent jurisdiction, the remainder of this Agreement (and each of the remaining terms and conditions contained herein) shall remain in full force and effect. Any delay in or failure by either party in performance of this Agreement shall be excused if and to the extent that such delay or failure is caused by occurrences beyond the control of the affected party including, but not limited to, decrees or restraints of Government, acts of God, work stoppage or other labor disturbances, war or sabotage (each being a “Major Force” event). The affected party will promptly notify the other party upon becoming aware that any Major Force has occurred or is likely to occur and will use commercially reasonable efforts to minimize any resulting delay in or interference with the performance of its obligations under this Agreement. This Agreement may not be assigned, in whole or in part, by a party without the prior written consent of the other party, provided that each party may assign this Agreement, upon notice to the other party, to (a) an affiliate of such party, or (b) in connection with the sale of all or substantially all of such party’s equity, business or assets. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of each party hereto and its respective successors and assigns. Nothing in this Agreement shall be deemed to create any joint venture, joint enterprise, or agency relationship among the parties (except as specifically set forth in an Order Form), and no party shall have the right to enter into contracts on behalf of, to legally hold responsible, to incur debt on behalf of, or to otherwise incur any liability or obligation on behalf of, the other party hereto, in the absence of a separate writing, executed by an authorized representative of the other party. Each party shall be solely responsible for its employees and contractors used in connection with this Agreement. This Agreement contains the full and complete understanding and agreement between the parties relating to the subject matter hereof and supersedes all prior and contemporary understandings and agreements, whether oral or written, relating such subject matter hereof. This Agreement may be executed in one or more counterparts and by an exchange of electronically signed counterparts transmitted by pdf format, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same original instrument.


16. Disclaimer


The information, content, products, services, and materials available through the site (whether provided by wajabaati.Com, you, other users or other affiliates/third parties), including without limitation, food/beverage 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, wajabaati.Com 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.