Terms and Conditions

Our Terms and Conditions (hereinafter “Terms”) set forth legal rules between you as a Consumer, Shop or Driver at our website http://www.ored.co and related mobile applications (the “Marketplace”) and us, ORED SMART MARKETING - SOLE PROPRIETORSHIP L.L.C., incorporated in the United Arab Emirates, address: Abu Dhabi City, United Arab Emirates. The Marketplace is an intermediary service provider which provides the opportunity for its visitors, users, or consumers (hereinbefore and hereinafter the “Consumers”) to order some goods or services (hereinafter the “Order”) which are available at a shop (hereinbefore and hereinafter the “Shops”) that shall be delivered by a delivery company, independent driver or Shop’s driver (hereinbefore and hereinafter “Drivers”) according to Drivers delivery policy and terms (hereinbefore and hereinafter the “Services”). The Shops and the Drivers shall be responsible for their services, goods, management, compliance, and quality. The Marketplace shall not be responsible for the services, goods, management, compliance, and quality of the Shops and the Drivers. By accessing or using the Marketplace, you agree that you have understood and agree to comply with the Terms. If you do not agree to the Terms please do not access or use the Marketplace. You shall be at least 21 (twenty-one) years old to use and access the Marketplace and its Services. Carefully read the following information to understand our rules regarding your use of the functionality and Services which are available on the Marketplace. Any changes to the Terms will be posted on this page without notifying you. The changes will be effective on the day they are posted. By accessing the Marketplace and/or placing an Order you agree that you accept the changes.

The governing language of the Terms and any communications and documents related to the Terms, unless otherwise specified, shall be Arabic. If translations hereof are made for reference purposes, only the Arabic original shall have the effect and such translations shall have no effect.

1. PRIVACY POLICY

Our Privacy Policy is available on a separate page. Through your use of the Marketplace, you acknowledge the processing of such personal data shall be undertaken in accordance with the Privacy Policy which explains how we process personal data.

2. THE SERVICES AND PLATFORM

To use the Services we may request you to provide some personal data necessary to register you on the Marketplace or for the provision of the Order. You shall provide only accurate, morally acceptable, and true information.
When placing an Order you shall acknowledge that you are concluding an agreement with Consumers, Shops, and/or Drivers according to your status and Shops or Drivers delivery policy and terms. Users shall read Shops or Drivers delivery policy and terms. Once the Order is placed, it shall be subject to Shops or Drivers delivery, refund, time, cancellation policies and terms. We may set any commission or fees on the price or services defined by the Shops or Drivers.

The Shops or Drivers shall have all the necessary trade and business licenses and permissions to conduct a business activity. We may request any proof for the licenses and permissions.

The Shops or Drivers shall coordinate with and receive approval over any offers or promotion on the Marketplace. It is prohibited to display, sell and deliver cigarettes, alcohol, and their analogies on the Marketplace. The Shops or Drivers shall be responsible for the legality of their offers or promotion.

The Drivers shall be responsible for any damage, delayed delivery, inappropriate services, or other violations of the Terms or the Drivers delivery, refund, time, cancellation policies, and terms.

When using the Services or Marketplace you as a Consumer, Shop or Driver shall not:

• use the Marketplace or Services for any illegal, immoral, socially unacceptable or inappropriate purposes;
• abuse the Services or use the Services in violation of their instructions or recommendations;
• provide inaccurate, false, or misleading information or personal data;
• engage in any activity that harms, exploits, or threatens to harm us, any user, or the Marketplace;
• send unwanted or unsolicited messages or other spam;
• engage in activity that is fraudulent, misleading, or defamatory;
• perform or assist in any activity that is harmful to you, the Marketplace, Services, or others;
• reverse engineer the Marketplace, perform data or web scraping of the Marketplace, or hack the Marketplace;
• use the Marketplace in a way that may disable, damage, or interfere in the Marketplace;
• infringe anyone’s rights, including privacy, copyright, and other intellectual property ones;
• perform or assist in any activity that violates data protection or privacy rights of anyone; and
• assist anyone in breaking any of the rules of the Terms.

3. SHOPS POLICY

The Shop shall provide accurate, comprehensive, true and up-to-date information about its goods or services, including the information about the availability of the goods or services, and its Shop policy. The Shop shall provide, control, and update its actual working hours.

The Shop shall prepare an Order according to the requested time schedule, options chosen by the Consumer, and details provided by the Consumer which shall not contradict Shop’s policies.

In case if the Shop rejects an Order, the Shop shall inform its Consumer immediately. The Shop shall be responsible for returning the payment in case of the cancellation or rejection of the Order as immediate as legally possible.

Any prices in an Order shall be reflected exactly as they are mentioned on the Website, in bills, and upon a delivery by the Drivers. The Shop shall be responsible for any inconsistencies or mistakes in the sum of prices or details in the Order and the Shop shall resolve inconsistencies or mistakes as immediate as legally possible.

A Shop may, at its discretion, exclude any of the Drivers. The Marketplace shall be informed of any of the exclusion of the Drivers and the reason behind it.

4. DRIVERS POLICY

The Drivers shall provide accurate, comprehensive, true, and up-to-date information about its services, including the information about the availability of the services, and its Drivers policy. The Drivers shall provide, control, and update its actual working hours.

The Drivers shall provide delivery services according to the timeframe mentioned in the Order. The Drivers shall check the Order and whether it fits the quantity or quality of the goods or services mentioned in the Order at the reception point at the Shop and at the moment of the delivery of the Order to the Consumer. The Drivers shall ensure the cleanliness and hygiene of the delivery services and their means or transport of the delivery. The Driver shall be responsible for the integrity and stability of the Order during the delivery.

The Driver shall be responsible for a change in case of the cash payment.

In case of cancellation or rejection of the Order and eligibility for the refund, the Drivers shall return the payment in case if the Driver is responsible for the refund.

5. CONSUMERS OBLIGATIONS

The Consumer shall acknowledge that the prices for the goods and services vary and depend on many factors that are set forth by the Shops and Drivers. The Marketplace shall not be responsible for the price policies of the Shops and Drivers.

The Consumer shall pay for the Order according to the accepted terms of the payment.

6. PAYMENT AND REFUND POLICY

The list of available payment services and means is accessible on the Marketplace or when you are ordering the Services. The acceptable currency is the United Arab Emirates dirham. The payment services are third-party services and we do not control them. You are solely responsible for any exchange rates, commissions, and bank fees.

The Shops and Drivers shall be responsible for, add where required by the applicable law, and charge official taxes, VAT, and fees. We may charge the official taxes, VAT, and fees on the Services.

After you order the Services, you will get a confirmation and details of your order. We may refuse your order that is abusive, illegal, or violate the Terms. We may refuse any order from you if we have a dispute over the payment of a previous order.

You may receive a refund, substitution, or exchange of the Services only according to the applicable Shops or Drivers delivery, refund, time, cancellation policies and terms.

Any commission or fee shall be non-refundable.

7. THIRD-PARTY SERVICES

The Marketplace may include links to other sites, applications, and platforms (hereinbefore and hereinafter the "Linked Services"). We do not control the Linked Services, and shall not be responsible for the content and other materials of the Linked Services. We make these links available to you for providing the functionality or Services. You may also find the terms of the Linked Services on their websites.

8. INTELLECTUAL PROPERTY ISSUES AND CONTENT

We grant you a non-transferable, non-exclusive, revocable license to access and use the Platform from one device in accordance with the Terms.

All content present on the Platform includes text, code, graphics, logos, images, compilation, software used on the Platform (hereinafter and hereinbefore the “Content”) is our property or of our contractors and protected by intellectual property laws. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.

You may not publish, transmit, modify, reverse engineer, scratch, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the Platform shall not entitle you to make any illegal and prohibited use of the Content, and in particular, you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use unless otherwise authorized by us. We do not grant you any licenses to our intellectual property unless otherwise provided in the Terms or individual agreement.

By uploading, inputting, providing or submitting any content (hereinafter “Your Materials”) you are granting us to use Your Materials in connection with the operation of our business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate Your Materials; and to publish your name in connection with Your Materials.

No compensation shall be paid with regard to the use of Your Materials. We shall have no obligation to publish or enjoy Your Materials or idea you may send to us and we may remove Your Materials at any time.

By uploading, inputting, providing, or submitting Your Materials you warrant and represent that you own all of the rights to Your Materials.

9. DISCLAIMER OF CERTAIN LIABILITIES AND LIMITATION

THE INFORMATION AVAILABLE ON THE MARKETPLACE MAY INCLUDE TYPOGRAPHICAL ERRORS OR INACCURACIES. WE SHALL NOT BE LIABLE FOR THOSE INACCURACIES AND ERRORS. SOMETIMES WE REFER TO THIRD PARTIES SERVICES WHICH MAY HAVE THEIR TYPOGRAPHICAL ERRORS OR INACCURACIES AND WE SHALL NOT BE RESPONSIBLE FOR SUCH TYPOGRAPHICAL ERRORS OR INACCURACIES.

WE MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, RELIABILITY, SUITABILITY, AND TIMELINESS OF THE CONTENT CONTAINED ON AND SERVICES AVAILABLE ON THE MARKETPLACE. TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAW, ALL SUCH CONTENT AND SERVICES ARE PROVIDED ON THE "AS IS" BASIS WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS REGARDING THIS CONTENT AND SERVICES, INCLUDING WARRANTIES AND PROVISIONS OF MERCHANTABILITY, FITNESS FOR A CERTAIN PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU UNDER THESE TERMS FOR ANY LOSS OF PROFITS, BUSINESS, CONTRACTS, ANTICIPATED SAVINGS, WASTED EXPENDITURE, GOODWILL OR REVENUE OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF ANY CONTRACT OR ANY BREACH.

OUR LIABILITY UNDER THESE TERMS SHALL BE LIMITED TO A SUM EQUAL TO THE PRICE PAID BY YOU TO US.

WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF OUR BEING PREVENTED FROM PERFORMING OUR OBLIGATIONS UNDER THESE TERMS BY REASON OF CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, our managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys' fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the Marketplace, Content, and Services, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. We have the right to assume the exclusive defense and you shall cooperate with us in asserting any available defenses.

11. TERMINATION AND ACCESS RESTRICTION

We may terminate your access to the Marketplace and its related services or any part at any time, without notice, in case of your violation of the Terms. We may suspend or terminate the Marketplace or Services.

12. MISCELLANEOUS

The Terms and all contracts entered into shall be governed by the law of the United Arab Emirates, regardless of the laws that might be applicable under principles of conflicts of law. You and we agree to submit any dispute or controversy to the jurisdiction of the courts of the United Arab Emirates unless otherwise provided by the applicable law.

No joint venture, partnership, employment, or agency relationship shall be implied between you and us as a result of the Terms or use of the Marketplace.

Nothing in the Terms shall be a derogation of our right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Marketplace.

If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and us.

The Terms constitute the entire agreement between you and us regarding the enjoyment of the Marketplace and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and us.

We and our affiliates shall not be liable for any failure or delay to fulfill its obligations where the failure or delay results from any cause beyond our reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulations, legislation, or orders of government, or any other force outside of our control.

13. COMPLAINTS

We are committed to resolving any complaints about the Terms. If you would like to make a complaint regarding the Terms or our practices in relation to your personal data, please contact us. We will reply to your complaint as soon as we can and in any event, within 30 calendar days.

CONTACT INFORMATION

We welcome your comments or questions about the Terms, Privacy Policy, Services, and Marketplace. You may contact us at:

ORED SMART MARKETING - SOLE PROPRIETORSHIP L.L.C.
Address: Abu Dhabi City, United Arab Emirates
Email:care@ored.co