Terms and Conditions

  1. These Collaboration Terms regulate your interaction with us and your utilization of our Tabaq application designed for mobile devices (referred to as the "App" or "Platform"). Prior to using the services, we urge you to carefully review these Collaboration Terms. If you do not consent to these terms, please refrain from using the Platform and kindly uninstall the App. By installing, downloading, utilizing, or merely accessing the Platform, you implicitly agree to abide by these Collaboration Terms and other Tabaq policies, including the Privacy Policy incorporated here by reference. This action establishes a legally binding agreement between you and us, commencing on the date of your App download.
  2. The Platform is owned and managed by Tabaq Delivery Services L.L.C, a company established under the laws of the United Arab Emirates in the Emirate of Abu Dhabi ("we," "us," "our," "Tabaq"). In these Collaboration Terms, "you" refers to any individual or legal entity that has agreed to sell products on the Platform by registering with us, either through our App or any other method, as the context may require.
  3. Tabaq facilitates transactions between Outlets and buyers, providing a platform where buyers can select products from neighborhood Outlets like yourself. These buyers can place orders for items offered by different Outlets on the platform. The combined services of platform transactions and order deliveries are collectively known as "Services."
  4. The Collaboration Terms and other Tabaq policies are subject to periodic updates, which will be communicated by posting changes on the Platform. It is your responsibility to stay informed about these changes by consistently checking and acknowledging the modifications made on the Platform. Your ongoing use of the Services following any posted changes signifies your agreement to the revised Collaboration Terms and Tabaq policies.
  5. The terms of any business agreement are proposed by you and mutually accepted by the buyers, forming a contract solely between you and the buyer. These terms encompass various aspects such as price, taxes, payment methods, delivery details, product warranties, and after-sales services. It's important to note that Tabaq does not endorse or participate in the contract between the buyer and the Outlet in any manner.
  6. Our Platform and Services are accessible to individuals who have the legal right under the UAE Civil Code and other relevant laws to enter into a binding contract. Those who do not possess the legal capacity to enter into a contract according to the UAE Civil Code are not permitted to use the Platform. If we become aware that you lack this legal capacity, your access to our Platform will be limited.
  7. Tabaq does not guarantee or provide any assurance about the specific details of any Buyers (such as their creditworthiness or identity) on the Platform. If you intend to engage with any of the Buyers, we recommend that you personally confirm their authenticity and exercise your own discretion in this matter.
  8. Tabaq is not accountable for any breaches of contract between buyers and Outlets on the platform. Tabaq does not assure that transactions between buyers and/or Outlets will be completed. If services are unsatisfactory or not performed, or if there are damages or delays due to products being out of stock, unavailable, or back-ordered, Tabaq is not responsible; Outlets are directly responsible for such situations.
  9. Tabaq serves as a mediator connecting buyers and Outlets on its online marketplace. It does not possess any ownership or control over the products being sold on its platform and is not responsible for the agreements made between buyers and Outlets.
  10. If a Buyer is dissatisfied with how their Order is handled or has concerns about the purchased item, Tabaq will inform the Outlet. The Outlet is solely responsible for addressing the Buyer's complaints and issues. You acknowledge that we may share your information with the Buyer to help resolve these concerns.
  11. While using our Platform, you shall strictly abide by the following conditions:
    1. You are prohibited from hosting, displaying, uploading, downloading, modifying, publishing, transmitting, updating, or sharing any information that:
    2. Attempts to trade in items prohibited or restricted by applicable laws, rules, regulations, or guidelines.
    3. Is extremely harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, incites criminal activity, invades privacy, promotes hate, racism, or illegal activities, or is otherwise unlawful.
    4. Misleads users with false, offensive, or threatening information.
    5. Contains sexually explicit or offensive content, promotes obscenity, pedophilia, racism, bigotry, hatred, or harm against any group or individual.
    6. Belongs to a third party without proper authorization.
    7. Harasses or advocates harassment of others.
    8. Involves unsolicited mass mailing or spamming.
    9. Encourages illegal activities, abusive behavior, threats, defamation, or libel.
    10. Violates third party rights, including privacy rights.
    11. Provides sexually exploitative, violent, or inappropriate material.
    12. Attempts unauthorized access to the platform or other users' profiles, solicits passwords, or personal information for unlawful purposes.
    13. Disrupts another user's use of the platform.
    14. Refers to websites containing inappropriate content or violates the terms of use.
    15. Harms minors in any way.
    16. Infringes on patents, trademarks, copyrights, intellectual property rights, trade secrets, or rights of publicity or privacy.
    17. Violates any applicable law.
    18. Impersonates someone else.
    19. Causes liability for the platform provider or results in loss of services from internet service providers or other suppliers, in whole or in part.
  12. You are prohibited from trying to access any part of the Platform/App, or connected systems, servers, computers, or networks, without authorization, using any method.
  13. You consent not to employ any tools, software, or repetitive process to disrupt or try to disrupt the correct operation of the Platform or any transactions taking place on it, or the usage of the Platform by any other individual.
  14. You are prohibited from making harmful statements or behaving in ways that could harm the reputation, brand, or image of Tabaq or other Outlets on the Platform/App.
  15. You are responsible for ensuring that taxes are charged according to the relevant laws. Any liability related to the imposition of taxes is your responsibility, and we explicitly deny any liability in this matter.
  16. You must furnish us with precise and truthful details concerning the products you plan to offer on our Platform, without any misleading information.
  17. To ensure that your rights and legal boundaries are respected, you consent to giving us the non-exclusive, global, everlasting, irreversible, and royalty-free permission to utilize the information you provide on our Platform. This includes the right to utilize your copyright, publicity, database rights, and any other applicable rights pertaining to your information. We will strictly use your information for the sole purpose of promoting and showcasing your products or business on our platform.
  18. We have the right to occasionally check the content you upload on the Platform, but we are not obligated to do so every time or for all the materials you post. We can remove or modify any of your content that, in our view, breaks any relevant laws or the terms of collaboration. You are always fully responsible for the content you share on the Platform.
  19. The Outlet is solely responsible for checking their information on the Platform to confirm its accuracy and compliance with the relevant laws. Tabaq is not obligated to maintain the Outlet's information current on the Platform.
  20. The Outlets confirm and guarantee that they possess the essential rights to the content and information they provide. They assure that this content will not violate any third-party rights or include any defamatory, harmful, or illegal information.
  21. Tabaq will not be held responsible for any warranties or guarantees related to products and items purchased by buyers. The Outlets are solely responsible for any such warranties or guarantees.
  22. Each Outlet represents, warrants and covenants that:
    1. The Outlet must always offer and sell products suitable for human consumption and use.
    2. The Outlet needs to possess all the necessary licenses and consents required by relevant statutes and regulations to conduct its business. The Outlet must provide details of its trade license and other pertinent information.
    3. If selling food and beverage items on Tabaq's Platform, the Outlet must comply with the requirements set by municipal, health, and regulatory authorities overseeing such items.
    4. The Outlet must adhere to basic hygiene, sanitary practices, and other applicable practices related to its business.
    5. The Outlet confirms it has the authority to fulfill its obligations under the Collaboration Terms and has taken all necessary actions to authorize its participation. Using the Platform and Services constitutes binding obligations as per the terms.
    6. The Outlet is solely responsible for the quality of its products, including food, beverages, and packaging, ensuring compliance with applicable laws.
    7. The Outlet must meet delivery schedules and timelines specified for products on the Platform, especially if providing delivery services.
    8. The Outlet cannot bypass the Platform by using alternate means (e.g., phone, email, SMS) to communicate with buyers for placing orders.
    9. The Outlet must promptly confirm orders within 2 minutes. Items must be securely packed and ready for pickup within maximum time limits set by the outlet at the time of order acceptance. The Outlet is responsible for verifying the correctness of items packed and is liable for delays in delivery.
    10. The Outlet grants Tabaq the right to use its trademarks, logos, names, and menu information for collaboration and related purposes, solely within the context of the partnership.
    11. Tabaq can suspend or terminate services to the Outlet if it breaches the Collaboration Terms or violates applicable laws. Breaches include poor ratings from buyers, failure to meet delivery schedules, misbehavior with Tabaq's personnel, breach of representations and warranties, or any other significant violation of the terms.
  23. The Outlet has the right to end this agreement by sending us a written termination notice at least 30 days in advance. After this notice period ends, Tabaq will remove the Outlet and their content from the Platform. However, the Outlet must fulfill any Orders placed through Tabaq before the termination date, and Tabaq will still receive the Service Fee for those Orders.
  24. If Tabaq provides you with login credentials (a username and password) for accessing the Platform, you are responsible for keeping this information confidential and for all activities conducted using your login. You acknowledge that any information or content you provide, as required by these terms and conditions to be displayed on the Platform, must be true, accurate, current, and complete. If we have reasonable grounds to believe that the information provided is false, inaccurate, outdated, incomplete, or not in line with the Collaboration Terms, we reserve the right to suspend, terminate, or block your access to the Platform indefinitely. Access to our platform is granted exclusively to you and cannot be transferred to any third party.
  25. You agree and consent to receive communications from us, periodically or whenever required, through electronic or other means.
  26. Tabaq allows the Outlet access to specific features on the Platform/App for receiving Orders, features exclusively available to Outlets and not Buyers. The Outlet must:
    1. Always have a functional tablet/mobile with the App to either (a) accept and confirm Buyer Orders and provide delivery time estimates, or (b) reject the Order using the Partner Application.
    2. Process Orders promptly, specifying the preparation time and updating the Order status (e.g., food prepared) via the App for delivery.
    3. Communicate with Tabaq service operator through messages and/or phone calls.
    4. Manage real-time item stock/inventories status.
  27. Tabaq and its affiliates, as well as their officers, directors, members, employees, and agents, disclaim all warranties, whether express or implied, related to these Collaboration Terms, Tabaq Services, and any usage thereof. This includes implied warranties of the Outlet’s capability, suitability for a specific purpose, and non-infringement, to the extent permitted by law. Tabaq does not guarantee the accuracy or completeness of the content on the Platform or Tabaq Services, or that of any other websites linked to the Platform. Tabaq is not liable for any errors or inaccuracies in content and materials, personal injury, property damage, unauthorized access to Tabaq servers or personal/financial information, interruptions in transmission, bugs, viruses, or any other harmful elements transmitted through the Platform or Tabaq services by third parties. Tabaq is not responsible for errors or omissions in content, or any loss or damage incurred due to the use of content posted on the Platform or Tabaq services. Tabaq disclaims liability for direct, indirect, incidental, special, consequential, punitive, or similar damages resulting from Outlet-related deficiencies, Tabaq errors (including technical issues, delays, omissions, and content inaccuracies), and any violation of food safety standards under applicable regulations, all attributable to the Outlet.
  28. Tabaq and each Outlet (individually referred to as "Party" and collectively as "Parties") acknowledge that while providing Services or using our Platform, one Party might share valuable and confidential information with the other Party. This information could encompass technical processes, product designs, financial data, and business strategies, among other things. Both Parties are obligated to maintain the confidentiality of such information throughout the provision of Services and for an additional year period afterward. It's important to note that this confidentiality clause does not extend to the information, materials, and content provided by Outlets for uploading or listing on the Platform, such as details and pricing of Outlet’s products, menus, catalogs, logos, trademarks, product images, and store information.
  29. Outlets recognize that while using our Services, they may receive or encounter information and data about Buyers or Platform users (referred to as "Data"), either partially or in detail. Outlets agree to follow our Privacy Policy, available to users and Buyers on our Platform, and commit to fully adhere to its provisions to safeguard the Data.
  30. Each Party possesses or holds licensing rights for the trade names, service marks, inventions, copyrights, trade secrets, patents, and other intellectual property they plan to use on the Platform ("Intellectual Property"). If a third party alleges infringement of its intellectual property rights on the Platform and the content in question was shared by you, you are accountable for investigating, defending, settling, and resolving any such claim related to the intellectual property infringement concerning that content on the Platform.
  31. Tabaq will promptly remove any content from its Platform that it determines has been provided by the Outlet in violation of any intellectual property rights.
  32. These Collaboration Terms will be governed by and interpreted according to the laws of the United Arab Emirates, as relevant in the emirate of Abu Dhabi. Any disagreement related to or arising from these Collaboration Terms will be resolved in the courts of Abu Dhabi.
  33. You agree to protect, compensate, and absolve Tabaq, along with its affiliates, as well as their officers, directors, employees, and agents, from any and all legal actions, claims, losses, and costs, including attorney’s fees, brought by third parties. This includes issues related to the Orders, services, or offers you provide, as well as your content featured on the Platform.
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