Coupons - A coupon shall include Voucher, entitling the holder to a discount off a particular product on given circumstance.
Content - The Service contains inter alia text, images, photos, audio, video, location data and all other forms of data or information about third party partners, brands, businesses, locations, events or offers etc. (''Content'').
Parties - ''You'' and ''Your'' refer to a User of the Services offered by ORDR, a platform created by Q Order Trading LLC. ''We'', ''Us'', ''Our'' refer to Q Order Trading LLC. A User can be classified into two categories:
(a) A person who does not subscribe to the Service, i.e. an Unregistered User; and
(b) A person who subscribes to the Service, i.e. A person who creates a User Account on the Platform, i.e. a Registered User; Use of the expression ''User'' shall include both categories of Users, and reference to a category of User shall be made specifically.
Third Party Service Providers - Third Party Service Providers shall include but not be limited to the following entities:
(a) Brand partners;
(b) Hosting partners
(c) Marketing partners; and
(d) Tech -Support partners;
Terms - The expression ''Terms'' shall include the following:
(a) Terms and Conditions of Service, which may be amended from time to time, a
(c) Refund Policy, which may be amended from time to time.
Vendors/ Merchants - The Expression “Vendors/ Merchants” shall include the person or the entity to Register themselves on our Platform to provide the requisite services to the user, which basically include Coffee Shop owner.
(1) ACCEPTANCE OF THE TERMS
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any service provided by us i.e. Q Order Trading L.L.C. By using our services, you agree to be bound by these terms and conditions. All services and information displayed on the website constitute an "invitation to offer". Your option to avail our services constitutes your "offer" which shall be subject to the terms and conditions as listed below. Q Order Trading L.L.C reserves its right to accept or reject your offer at any time or under any circumstances without giving reason for the same.
In these Terms, references to "you", "User" shall mean the end user i.e. natural or legal person, accessing the Website, its contents and using the Services offered through the Website. "Service Providers" mean independent Third party service providers or Vendors affiliated to Q Trading, and "we", "us" and "our" shall mean Q Trading, its franchisor, affiliates and partners. As the case may be.
(2) MODIFICATIONS OF THE TERMS
(3) TRANSLATION OF THE TERMS
We may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with us. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
(4) ELIGIBILTY TO USE THE SERVICE
- The Service is exclusively accessible to persons present within the geographical boundaries of the State of Qatar.
- To access or use the Service or to transact/undertake any action using the Service, you must be 18 years of age or older and competent to contract as per Laws of Qatar and you are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Nonetheless, a minor can transact the business on our website provided such transaction is carried by his/her legal guardian.
- 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(ies).
- The right to use the Service is personal to you and is not transferable to any other person. You, by subscribing to our Service are deemed to have read and understood the Terms and therefore, You shall be held responsible for any unauthorized assignment or transfer of the right to use our Service.
- You may use or access the Service solely for your own personal, non-commercial purposes (unless there is some other arrangement agreed with you by us), and not for the use or benefit of any third party. Third party partners may use or access the Service subject to the Terms. You may not use the Service or any part thereof except as expressly permitted by the Terms, unless we permit you (in writing) to do so.
- We reserve the right to you from using the Service or any part thereof at any time for any or no reason.
(5) USER ACCOUNT, REGISTRATION, PASSWORD, AND SECURITY
- You may access the Platform by registering to create an account and become a member or you can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook, Goggle, Google+); each such account, a " Third Party Account", via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your Q Trading Account with Third Party Accounts, by either
- Providing your Third Party Account login information to us through the Platform; or
- allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
- You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers. By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account, so that it is available on and through the Platform via your Q Trading Account.
- Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Q Trading Account on the Platform. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then such third party site Content will no longer be available on and through the Platform.
- You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you shall be held solely responsible for any activities or actions under your Q Trading Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Q Trading Account.
- We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us. Further, we reserve the right to temporally suspend your account/ registration with us during the upgrade of the Platform.
(6) USER SUBMISSIONS
- You own all content and information that you submit, post, transmit, through or in connection with the Service (''your submissions''). Your submissions include any information, messages, posts, comments, reviews, likes, photos or offers that you post or submit as well as any information you display in your public profile, including your user name and profile picture.
- By submitting, posting or transmitting your submissions to, through or in connection with the Service, you confirm that:
- You understand and agree that your submissions will be associated with your public profile on the Service;
- You own, or have the necessary rights and permissions to make your submissions so available, and to grant us the right to access and use your submissions in accordance with these Terms;
- Any person who accesses or uses the Service is permitted to access and/or use your submissions for their personal and non-commercial purposes in accordance with these Terms; and
- That your submissions will not violate any laws for the time being in force or the rights of any third party.
- You are solely responsible for your submissions and we shall not be liable for any of your submissions. The Service permits You to transmit and publish your submissions, and allows you to access information made available on or through the Service by other users of the Service. We are not obliged to control, select, screen, supervise or modify your submissions or the submissions made by other users on or through the service, and therefore, shall not be responsible or liable for your submissions or the submissions made by other users on or through the Service.
- Any interaction that You may have with another User, by virtue of You using the Service, is exclusive to You and the concerned User. We shall not be responsible for the exchanges that take place between You and a User. We are not responsible for the actions of other Users, unless, such acts are contrary to these Terms.
- We have no control over the accuracy, reliability or completeness of your submissions or the submissions made by others who use the Service and therefore, make no representations or warranties in this respect.
- We have no obligation to screen your submissions in advance. However, we may refuse to publish or review and delete any of your submissions from the Service at any time, at our sole discretion and without notice to you.
- The display of any of your submissions on the Service does not imply that we endorse or promote your views or opinions.
- By accepting these Terms, you automatically grant to Q Trading L.L.C., a non- exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable right to copy, reproduce, translate, adapt, modify, store, publish, display, issue copies or communicate and/or use, process or analyse your submissions in any way now known or in the future discovered, and to prepare derivative works of, or incorporate into other works, without any further consent, notice and/or compensation to you. You represent and warrant that you have all rights to grant such license to us without violation of any law or any of the rights of any third party.
(8) ORDER BOOKING AND FINANCIAL TERMS
- That while coming to our Platforms, you might have noticed that our main service at is providing online-solutions for coffee ordering. Coffee customers can pre-order coffee and other food items that coffee shops sell and can expect to have it ready when they arrive (they can either order and have the order processed ASAP given the coffee shops minimum preparation time, or they can pre-order for pick up at a later time in the day or week).
- Our Platforms processes order for all drinks, food items, coffee capsules and incidental products.
- There are two main platforms that run all operations
- The front-end website targeted towards coffee customers where all the coffee shops showcase their menus, where orders are made and where order statuses can be seen.
- The back-end website, also known as the Admin Dashboard, where all the content of the front-end website is entered through data-entry, including coffee shops, menu items, categories etc. This is also where coffee shops can receive and process their orders. Different accounts on the back-end have different permissions depending on the nature of the account (Q Order Trading IT employee, coffee shop employee, Super-Admin, etc.)
- The Platform allows you to place Orders and upon acceptance of such Orders by the Merchants/ vendors/ Coffee Shops, Q Order Trading will, subject to the terms and conditions set out herein, facilitates processing of such order.
- As a general rule, all Orders placed on the Platform and duly accepted on the Platform treated as confirmed.
We are not liable in cases where order confirmation/order receipt has not been received by you via email due to any email input error from your side arising on account breaches. Therefore, you are advised to update the password of your account on a frequent basis to avoid such hassle.
However, upon your successful completion of booking an Order, we may check the status on the Platform and as an additional feature can call the Merchant/ Vendor on the telephone or mobile number provided to confirm the details of such Order, and the estimated delivery time. For this purpose, you will be required to share certain information with us, which shall enable us to smoothly facilitate the whole process i.e. placing of order and delivery. It shall be your responsibility to bring any incorrect details to our attention.
In addition to the foregoing, 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 Order or change in price of any item in the Order as informed by the Merchant/ Vendor. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that we reserve the right to not to process your Order in the event you or Merchant/ Vendor is unavailable on any means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.
- All payments made against the Orders or Services on the Platform by you shall be compulsorily in Qatari Riyal acceptable in the State of Qatar. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on the Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Q Order Trading LLC is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on booking, 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 payment facility, Q Order Trading is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
- We have an on-line e-wallet credit system with the name and style of ORDR Credit, which is our payment processing service and where you can securely make you own Account and make the transaction without using any third party gateways. That payment processing system shall be made available only to the registered user and it is your prerogative to use the same.
- You agree that in case of some special request placed by you with the respective Vendor, you may be charged to pay extra amount as decided by the Vendor. However, such extra request shall be subject to the approval of the Vendor.
- The final tax bill will be issued by the Merchant (if registered for tax purposes) to you along with the Order at the time of collection and we are merely collecting the payment on behalf of such Merchant/ Vendor. 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. We hold 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.
- The prices reflected on the Platform, including packaging charges, if any are determined solely by the Merchant/ Vendor 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.
- The Merchant/ Vendor shall be solely responsible for any warranty/guarantee of the goods or services sold to you and in no event shall be the responsibility of Q Order Trading LLC.
- The transactions are bilateral between you and the Merchant/ Vendor, therefore, we are not liable to charge or deposit any taxes applicable on such transactions.
(9) CANCELLATIONS AND REFUNDS
Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.
(10) CONTENT AND THIRD PARTY SERVICE PROVIDER CONDUCT
- Content provided by service providers and third party partners, including the Vendors/ Merchants of the Service is protected by copyrights, trademarks, or other proprietary rights and laws, as applicable. Subject to the Terms, you may use this Content, solely for your personal, non- commercial use without violating any third party's rights. Use of the Content for any non- personal or commercial purposes is expressly prohibited except with our prior written permission.
- If you are a third party service provider or brand partner providing the Content, you are solely responsible to ensure that you have all necessary rights, licenses and permissions, necessary to grant us the license to use the Content in accordance with these Terms.
- The display of any Content on the Service does not imply that we endorse or promote any third party's products, services, views or opinions.
- You are solely responsible for any offers for goods or services and for any advertisements for goods or services that you make through the Service and any transactions between you and any User pursuant to the same. You should ensure that all your offers or advertisements through the Service are strictly in accordance with applicable laws for the time being in force.
- If a Third Party Service Provider/Brand Partner desires to advertise on the Service's platform, they may following terms:
- Following the creation of a User Account, a User/Subscriber may encounter or come across various advertisements, placed by Third Party Service Providers or Brand Partners on our platform. A Third Party
- Further, the Third Party Service Providers or Brand Partners may advertise their products or services on our platform, by furnishing a specified or pre-decided number of ''impressions'', within an undefined period. The expression ''impression'' means the advertising content or material made available by a Third Party Service Provider or Brand Partner, in a form or manner, which can be conveniently placed on our platform; and/or
- Third Party Service Providers or Brand Partners may advertise their products or services on our platform, by furnishing an unspecified number of ''impressions'' (the expression ''impression'' holds the same meaning as accorded to it in the previous sub-section), within a defined period. For instance, A Third Party Service Provider or Brand Partner may be authorized to supply impressions of its goods or services, during a period of 3 months. Therefore, a Third Party Service Provider or Brand Partner is allowed to advertise, without any restrictions on the number of impressions, during a prescribed period. If the duration so decided is nearing its end or expiry, the Third Party Service Provider or Brand Partner may take suitable steps to ensure uninterrupted supply of its impressions.
- The Third Party service providers or Brand partners are responsible for the Content they make available and shall ensure that such Content is permissible in the eyes of the law. Our Service will not be responsible to verify/authenticate the genuineness of the Content offered by Third Party service providers or Brand partners.
- Retail/brand partners are solely responsible for the Rewards/ Vouchers/ Schemes they offer through the Service, all related terms and conditions related thereto, for compliance of all laws in respect thereof and for any disputes/ grievance arising or resulting therefrom and we shall not be responsible or liable to any user, whether a retail/brand partner or the user purchasing, claiming or redeeming any Reward.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
(11) TERMS OF SERVICE
- The you agree and acknowledges that we shall not be responsible for:
- The services or goods provided by the Merchants/ vendors including but not limited to serving of Orders suiting your requirements and taste;
- The Merchant's services or goods, not being up to your expectations or leading to any loss, harm or damage to him/her;
- The availability or unavailability of certain items on the menu;
- The Merchant serving the incorrect Orders; or
- Product liability of goods provided by Merchants.
- The details of the menu and price list available on the Platform with respect to goods/ items or any other services are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.
- You and Merchants agree and acknowledge that we are not responsible for any liability arising out of delivery services provided by Vendor/ Merchant to you. Further, we shall own no responsibility qua the quality, preparation and hygiene of the food items prepared by the Vendor. Thus, you are solely responsible to verify the ingredients and preparation of the Food items orders through the Platform and if they are not available on the menu/ other details present on the Platform, then get the same verified from the Merchant/ Vendor, if required or necessary.
- You understand that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from Merchants. We will not be responsible for any delay in the delivery of an Order.
- Your Order will be only prepared on the time as specified while specifying the order, so any delay to pick up the order on the specified time and place, will be your fault and for that matter we shall not be responsible. That subsequent change in the time of the order shall be subject to acceptance by the Merchants
- You shall undertake to provide the specific information of its order, including the quantity as well as the nos., time of pick up. Any failure to do so on your part shall be at your sole risk and in such situation you shall not be responsible for any refund.
- You understand that our (including Merchant’s) liability ends once Order has been prepared on time and waiting to be picked by you at the specified time, except where the product liability of the Merchant subsists.
- You shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
- We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
- You agree that the Services shall be provided through the Platform only during the working hours of the relevant Merchants.
(12) NO ENDORSEMENT
- By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
- We are only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the User. In case of complaints from the User pertaining to efficacy, quality, or any other such issues, We shall, if required, notify the same to Merchant and shall also redirect the use to the Merchant. The Merchant shall be liable for redressing User complaints.
(13) LIMITED USER
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Our name is stated as the source and our prior written permission. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted and the same shall be treated as an Infringement.
(14) USER CONDUCT AND RULES
In consideration of the license granted to you to access and/or use the Service, you hereby agree that you shall:
- Maintain a professional and productive relationship with other users of the Service.
- In the course of accessing/using the Service, you will observe and comply with all instructions, directions and policies as specified by us from time to time;
- Be solely responsible for your submissions, offers and interactions on or through the Service. We reserve the right, but do not have the obligation, to monitor your interactions or communications through the Service and may, prohibit or otherwise limit your use of the Service, if we determine (in our sole discretion) that Your conduct is unbecoming or that you are in violation of any of these Terms;
- Be solely responsible for fulfilling the terms of any offer that you make through the Service and to resolve/settle any conflict between yourself and any third party user of the Service relating to any transaction between the two of you, initiated by or through the Service.
- Fulfill all your obligations as contemplated under any additional terms and conditions, purchase orders or other agreements that you may accept/enter into with Us for specific transactions as the case may be;
- Not violate the Intellectual Property Rights or privacy of any third party.
- Access and use the Service only in compliance with these Terms, applicable laws, bye- laws, rules, regulations etc., for the time being in force;
- Report to us if You become aware of any disorderly, indecent, harassing or unprofessional behavior/conduct by any User of the Service;
- Not use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that violates any third party's rights of privacy/publicity or infringes or violates the intellectual property rights of any third party;
- Not use the Service to store or transmit viruses, worms, Trojan horses and/or any other harmful or malicious code, files, scripts, agents or programs;
- Not use the Service to send any unsolicited commercial communication or unauthorized advertising, junk mail, or spam;
- Update your account details regularly and provide current, complete and accurate information;
- Not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate mean:
- Not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Not collect, store or use personal information or data about other Users of the Service other than in connection with your permitted use of the Service.
- Obtain all licenses and permits which are necessary for posting, uploading or transmitting any of your submissions/Content on or through the Service and agree to defend, indemnify and keep us harmless from any and all loss or damage that we may suffer as a result of, or in connection with, any of your submissions or project deliverables.
- Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the service or on any materials published on or through the service;
- Be solely responsible for all information retrieved, stored and/or transmitted through the service;
- Not access or use the Service for any other purpose other than as expressly permitted, including engaging or providing services of the same or similar nature, for yourself or for the benefit of any third party;
- Be solely responsible for protecting the information on your device, including but not limited to, installation of appropriate anti-virus software etc.;
- Assume all risks associated with dealing with other users of the Service (including third party partners that offer Rewards/funds/tickets/ coupons) with whom you may establish contact through the Service. We shall not be responsible or liable for any transactions, interactions, conduct or communications between you and our third party partners, on or through the Service or otherwise.
- Not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any services, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- Not use the Service in order to host, display, upload, modify, publish, transmit, update, distribute, share, store or destroy any data, information or content-
- In violation of any applicable law or regulation; and
- In a manner that will infringe the copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others; and
- Harm minors in any way; and
- Deceives or misleads other users about the origin of such information or communicates any information which is grossly offensive or menacing in nature; and
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service; and
- Threatens the unity, integrity, defence, security or sovereignty of the State of Qatar, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other Nation; and
- Threatens the unity, integrity, defence, security or sovereignty of the State of Qatar, friendly relations with foreign states or of public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other Nation; and
- Interferes with another user's use and enjoyment of the Service.
- Not use any other automatic device, program, algorithm or methodology, or any or equivalent manual process, to access, acquire, copy or monitor any portion of the Service, to obtain or attempt to obtain any materials, data or information through any means;
- Not take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our systems and infrastructure or otherwise make excessive traffic demands of the service;
- Not attempt to decipher, decompile, disassemble or reverse engineer any of the software, scripts, source code, algorithms, underlying ideas etc. comprising or in any way making up a part of the service;
- Not access (or attempt to access) the Service by any means other than the interface that is provided by Us, unless you have been specifically allowed to do so, by way of a separate agreement with Us;
- Not access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) unless you have been specifically allowed to do so;
- Not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service);
- Not delete or revise any material or information posted by any other user(s), shall not engage in spamming, including but not limited, to any form of emailing, posting or messaging that is unsolicited; and
- Not do generally anything which is prejudicial to our interest
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
User agrees and acknowledges that User shall be solely responsible for User's conduct and we reserve the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Cyber laws or any other allied laws enacted by the State of Qatar or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall we or our affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of our websites/services/applications for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
(15) DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- We have made this service available to use as a matter of convenience. Further we have endeavoured to ensure that all the information on the Website is correct, but we neither warrant nor makes any representations regarding the quality, accuracy or completeness of any data, information, Service. We further expressly disclaim any claim or liability arising out of uploading of any obscene, vulgar or objectionable images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. We also disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that these sites/applications, its servers, or e-mail sent from our servers/ sites are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of these sites/applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- That we provide service on an "as is" basis without warranties of any kind, whether express or implied. We do not represent or warrant maintaining the confidentiality of information; although we currently practice is to ensure reasonable efforts to maintain such confidentiality.
- That the names of the Vendors and the services of the Vendors/ Merchants, as assured by the Vendors/ Merchants, are duly screened on the information provided by the vendors. That the standard, quality, price or model that those services represent and as displayed on website are listed on behalf of the vendor/merchant/affiliate/merchant and our role is merely as of the facilitator. All and any additional information/description, etc. for a service that is displayed/showcased on website is on behalf of the vendor/merchant/affiliate and is as provided to us. We do not take any responsibility for any incorrect or error in the display/showcase of such information.
- Notwithstanding anything contained herein, We act only as a aggregator/ agent/platform to facilitate / integrate transactions between the Users and Vendors through various platforms (online, mail based catalogues, SMS, , online mobile apps, etc.) for various vendors/affiliates and shall in no way be responsible for any quality of services, damages, losses, expenses and/or taxes incurred by Users for the services or if the vendors/affiliates is not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates. In no event shall we, or our directors, officials, representatives and employees be liable for any damages or claims relating to services hired by you through our various platforms.
- In no event will we be liable to You or to any Third Party or to any funding brands for any indirect, special, incidental, consequential, exemplary, or punitive damages, lost profits, revenues, data or anticipated savings, product liability, consumer protection or intellectual property claims, business interruption, whatever and however caused, whether arising under statute, contract, tort (including negligence) or otherwise, and whether or not we have been advised of the possibility of the same arising.
- We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
- The platform may be under constant upgrades, and some functions and features may not be fully operational, thus User are accordingly advised to use the Platform in keeping the same in his mind.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
(16) USER WARRANTY AND REPRESENTATION
- The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by us.
- User agrees, undertakes and confirms that the service availed or hired by you placing or submitting or registering with our various platforms e.g. Web-Site, call centre, mail order catalogues, online mobile apps, etc. are hired for personal use by you and / or your family members and / or your friends and such goods would not be further re-transmit by you to any other person for gain or profit.
- If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
(17) REVIEWS,COMMENTS,COMMUNICATIONS, AND OTHER CONTENTS
- Users may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
(18) INTELLECTUAL PROPERTY RIGHTS
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, we own all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, hyperlinks images, illustrations, audio clips, and video clips. Material on Website is solely for Your personal, non-commercial use. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to us or our websites or mobile Apps. Without obtaining authorization from us.
- Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
- We respect the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to us at email@example.com
(19) HYPERLINKS/LINKS TO THIRD PARTY SITES
- The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under our control or the Website and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Further, we are not responsible for any form of transmission, whatsoever, received by you from any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jab us or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
- You agree to indemnify, defend and hold us and our directors, officers, employees, agents and representatives, including the Platform harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
- We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
- You agree not to settle any matter in which we are named as a Defendant and/or for which you have indemnity obligations, without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
(21) COMPLIANCE WITH LAWS
- You shall comply with all the applicable laws and notifications of the Governments governing the business e.g. relevant Statute pertaining to Cyber Laws, Information and Technology Laws, Taxation Laws etc. and the rules made there under.
- Any failure on your part to adhere any of the Laws in respect to the usage of the Platform and the services provided therein shall be treated as the breach
(22) SUSPENSION DUE TO NON-COMPLIANCE WITH AGREEMENT/ TERMINATION
- Notwithstanding other legal remedies that may be available to us, we may in its sole discretion limit user activity by immediately removing user registration either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the sites/applications if the user is in breach any of the terms and conditions of this terms and conditions, or provides wrong and in accurate details etc.
- If the relationship is terminated concerning your use of the Platform or any Service, then we may delete any content or other materials relating to your use of the Service and we will have no liability to you or any third party for doing so.
- Upon termination of Your registration with us, your right and license to access and/or use the Service immediately ceases
- Additional Terms and Conditions may apply to termination of these Terms by third party partners who register with us.
(23) TERMINATION BY USER
- You may terminate Your registration with us at any time by deleting the application from your device.
(24) GOVERNING LAW
- These Terms, their validity, interpretation and enforcement shall, in all respects, be governed by and construed in all respects in accordance with the laws of the State of Qatar, for the time being in force.
- You agree that any dispute between us arising out of or in connection with these Terms (including any question regarding its validity or termination) shall be submitted to the exclusive jurisdiction of the competent courts located in Qatar to the exclusion of any other court that may otherwise have had such jurisdiction in the matter.
(25) INJUNCTIVE RELIEF
- You acknowledge that the breach of these Terms shall result in grave and irreparable loss and injury to us, for which monetary damages alone will not provide adequate relief. Therefore, in addition to the right to seek appropriate monetary damages under law, we shall be entitled to obtain injunctive relief (including but not limited to a temporary restraining order) to prohibit the continuing breach of these Terms.
- The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
(27) INTERPRETATION OF NUMBER AND GENDERS
- The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to the Terms as a whole.
- If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
(29) REPORT ABUSE
- As per these Terms, users are solely responsible for every material or content uploaded on to the Website. We do not review the contents in any way before they appear on the Website. We do not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org.
- No failure or delay on the part of any party in exercising any right or remedy hereunder shall operate as a waiver thereof. Any waiver (express or implied) by either party of any default or breach of these Terms shall not constitute a waiver of any other or subsequent default or breach.
- You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
(32) ENTIRE AGREEMENT
- These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
(33) GRIEVANCE OFFICER