Ratification of the Agreement
By entering, connecting, using or creating an account on this website and its associated applications on iPhone, iPad, Android, and any mobile application (hereinafter collectively referred to as the "Platform") including without limitation to any services offered on the Platform, you acknowledge that you have read and understood the following Terms and Conditions (collectively the "Terms"), including these Terms, terms of our Privacy Policy available at www.talabat.com and you agree to be bound by them and to comply with all the applicable laws and regulations regarding your use of the Platform. You acknowledge that these Terms constitute a binding and enforceable legal contract between yourself and DELIVERY HERO TALABAT D.B. LLC (hereinafter referred to as "Talabat", "Company", "we", "us", "our") with reference to the use of this Platform. Please read these terms before ordering any items from our application.
You become a user of the Platform ("User" or "you"), by entering, using, browsing or registering on the Platform. As a User, you agree and undertake to comply with the provisions of these Terms.
You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your Internet connection are aware of these Terms and that they comply with them. By viewing, using, accessing, browsing, or submitting any content or material on the Platform, you agree to these Terms as a binding legal agreement, without limitation or qualification. The term "you" or "You" shall include any person or entity, who views, uses, accesses, browses or submits any content or material to the Platform.
If you do not agree to these Terms, then you may not use the Platform. reserves the right to modify these Terms at any time without prior notice. You agree that each visit you make to the Platform shall be subject to the Terms as displayed, and your continued use of the Platform now or following the modifications in these Terms confirms that you have read, accepted, and agreed to be bound by such modifications.
Our Services
The Platform allows its Users who agree to the Terms to order from its partnered restaurants, vendors, groceries etc. that may be operated by third parties or affiliated companies (hereinafter referred to as the "Merchants").
The purpose of this Platform is to provide a simple and convenient service to Users, linking them to Merchants in their area for delivery (our "Service") to order a variety of goods including prepared meals, beverages, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as "Goods"). Some of the Goods such as - but not limited to - pharmaceuticals on our Platform may be subject to restrictions for purchase (“Restricted Goods”).
Interactive options allow Users to build and submit orders at the click of a button. When you place an order from a Merchant, Talabat acts as a facilitator on behalf of that Merchant to conclude your order from the Platform and to manage your experience throughout the order processing. We have created the Platform to serve as a marketplace for its Users.
Talabat does not sell or interfere in any way in the production of any goods or service produced by the Merchants. What this online market offers to the Users is the ability to search for and find local Merchants that deliver or make these Goods available to their addresses and enables ordering them through this Platform. The Merchants are obligated to comply with the country's local laws, rules, regulations, and standards pertaining to goods and services preparation, sale, marketing and safety.
However, it is important for Users to understand that Talabat does not in any way independently verify the credentials, representations or products of Merchants, the ingredients or the quality of any products, or that a Merchant is in compliance with applicable laws.
Users must make themselves comfortable through information provided by Merchants on the Platform or as requested by Users directly from the Merchants as to the quality and reliability of the Merchants, as well as to their compliance with applicable laws.
We reserve the right, but are not obligated, to restrict or limit the sales of our Goods to any person, geographic region or jurisdiction. Due to the laws in some countries, we shall not offer for sale certain goods, or restricted items to you. Any offer for any Goods made on the Platform is void when it is prohibited by law.
QUICKTO does not in any way guarantee the quality of any Goods or that any Goods complies with applicable laws and does not guarantee matching the list of Goods displayed on the Platform to what is actually provided to the Users. In addition, a Merchant may represent that goods and services preparation is in accordance with
Creating an Account for the Platform
A User can create an account on the Platform and can determine their own "user name" and "password" which are determined by the User herself/himself. The "user name" is personal to the User and the same "user name" is not given to two different Users. The "password" is only known by the user. The user can change the password at any time. It is solely under the responsibility of the user to select and protect the password. Quickto not liable for any problems, which may arise from the use of password. Quickto informs the user about the promotions, which take place in the user's area and from which the user may benefit, by emails. Quickto may share your username and password with the third party companies for the purpose of providing our Service – for example, the phone number may be shared with the Merchant which deals with take-out goods and services, in order to provide a faster and correct delivery. For the user to connect to the services, which require an Account of the Platform, the user must enter the user name and password. This process is called "login" to the Platform.
By using this Platform, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your User profile on the Platform or by contacting us, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
You are not allowed to register multiple Accounts for use by the same person. Violation of this clause may result in termination of your account. Users' passwords should be kept confidential at all times and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your Account. If you know or suspect that someone has knowledge of your password, then you should contact us immediately.
You may not use the Platform for any unlawful or unauthorized purpose, including without limitation to:
Distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material. Transmitting material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
Interfering with any other persons use or enjoyment of the Platform.
Damaging, disabling or impairing the operation of this Platform or attempting to gain unauthorized access to this Platform or to networks connected to it, through hacking, spoofing or other such similar means.
We expect a device to hold one User account only. We may allow service in such cases but we will not allow the use of promotions.
If you wish to delete your Account, please contact us via the Platform chat feature requesting the same.
How to make an order and how it works
Once you have selected your Goods from the list of your chosen Merchant you will be given the opportunity to submit your order by clicking on the "Checkout" button (the "Order"). Please note it is important that you check the information that you enter and correct any errors before clicking on the "Checkout" button since once you click on this input, errors cannot be corrected. On receipt of your order, the Platform will begin processing your order and we will send an email and message on the final page that your order has been received and sent successfully to the Merchant. Where any payment you make is not authorized you will be returned to the previous page on the Platform and we shall not be obliged to provide the services.
Order Cancellation
The Customer shall not be entitled to cancel a food meal order nor be eligible for any refund in case the Customer cancelled such order after the Vendor’s acceptance, unless the cancellation is a result of Talabat or the Vendor's default. For the avoidance of doubt food meal order means any order from a restaurant/coffee shop/ juice bar or pastry shop.
In the event Talabat is unable to deliver the food meal order to the Customer for reasons due to the Customer's act, failure to act, default, omission, and/ or negligence, Talabat reserves the right to cancel the order without any refund to the Customer.
If the Customer is eligible for a refund for a cancelled order subject to the provisions of this T&Cs, the order value paid by the customer will be refunded to the customer's Talabat Credit, unless the customer requests otherwise, and in the latter case, the refund will be made only to the original payment method used for making the order.
It can take anywhere from 7 - 14 business days (or even up to 30 days for overseas banks) for your refund to be processed and reflected in your bank account, in consideration of the time and procedures required from Talabat and/ or the Credit Card Company and/ or the Bank.
For non-food vertical orders, any cancellation, return, or refund of items or orders shall be in accordance with the consumer protection laws and regulations applicable in the UAE. For the avoidance of doubt non-food vertical orders means any order from a shop under groceries, flowers, electronics, health & beauty.
Delivery
You understand that the available goods offered by Quickto may vary from delivery area to delivery area. By entering your delivery address on the Platform, you will see the Vendors that we make available to you at that time. Delivery areas may expand, shrink or change depending on different conditions such as: weather, traffic, situations of force majeure, etc.
Delivery Time
Quickto shall deliver your Order to the delivery address provided by you. An estimated delivery time will be provided to you in your email confirmation as well as on the order tracking page. However, delivery times shall vary depending on factors that are not controllable (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders' on the Platform. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.
Unsuccessful or Failed Deliveries
Without prejudice to any other clauses in these Terms, in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:
no one was present or available to receive the Order;
customer was uncontactable despite attempts to reach the customer via the phone number provided;
lack of appropriate or sufficient access to deliver the Order successfully;
lack of a suitable or secure location to leave the Order.
We will contact you via, among others, in-app call or message, or email, to inform the unsuccessful delivery and next steps. In such cases, Quickto reserves the right to cancel the Order without refund or remedy to you.
No Show Cancellation
If you remain uncontactable or fail to receive the Order within reasonable time from the time the Order arrives at your delivery address, Quickto reserves the right to cancel the Order without refund or remedy to you.
Wrong Order, Missing Order, Defective Items
Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via our in-app customer support chat feature immediately. In some cases, Quickto may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.
Late Delivery
If your Order is significantly delayed from the estimated delivery time, please contact customer support via our in-app customer support chat feature immediately. In some cases, Quickto may request for additional information to properly investigate the issue with your Order. If we determine that the Order and/or goods you received is significantly delayed we will compensate you for your Order.
Contactless Delivery
As one of the delivery options, the customer may select (for some of the offered goods) contactless delivery (the delivery of the Order to the front door of a specified delivery address without face-to-face interaction for instance). Quickto shall not be liable for theft, damage, contamination and/or other deterioration of the goods that occur after delivery has taken place.
Pick-up Services
Pick-up Process
Where available as indicated on the Platform, you will have the option of collecting your Order in-person directly from the Merchant’s premises ("Pick-Up") instead of having the Order delivered to You. Your email confirmation will indicate the time for you to take-out the Order (“Collection Time”). The Merchant will prepare the Order by the Collection Time. In some cases, a reasonable delay may be expected. The Merchant agrees to hold the Order for you at the Merchant’s premises for no more than a reasonable period of thirty (30) minutes from the Collection Time (“Holding Time”) and shall not be obliged to provide the Order to you if you fail to take-out your Order within the Holding Time.
Pick-up Liability
In the event of unreasonable delays in Pick-Up attributable to you, you bear the risk of any damage or loss of Goods or any deterioration in quality or change in condition of the Goods (e.g. changes in the temperature fit for consumption). In this case, you shall not be entitled to a refund or replacement of the Goods. You alone are responsible for inspecting the Goods/Order when you Pick-Up your Order and shall report any issues and/or defects to the Merchant, as a recipient of messages for quickto before leaving the Merchant’s premises.
Your Responsibilities
During the use of the services of the Platform, the User accepts and undertakes:
The information provided to us is correct. The User is the only party responsible for any losses which may arise from any misinformation or inadequate information (ex. forgetting the password); and in these cases his/her Account may be terminated.
The User is solely responsible for all personal ideas, opinions, statements set forth by the User while using the services of the Platform, all the files uploaded to the Platform and the personal information sent, and that in no way Quickto shall be held liable for these files, not to access any services provided in the Platform
unauthorized and in any way other that the one identified by the Platform; not to change the software in any way; not to use the software which is identified as being changed; and to indemnify Quickto for all material and moral losses in the event the User does not comply with the aforementioned articles, Quickto shall not be responsible for any damages which may arise from reading of data belonging to any Users by any unauthorized people, not to send any messages which are threatening, immoral, racially and contrary to the laws of United Arab Emirates and international agreements, any correspondences, titles, nicknames posted to the context shall not be contrary to the rules of public morality, good manners and laws, not to harass and/or threaten other users, or any of the Platform live chat personnel, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any amoral, inappropriate and unlawful materials and information which may give harm to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, engage in any activities such as survey, competition or chain letter, not to send any information or programs which may give harm to the information or software in the computers of other users.
All of the records or materials obtained by using the services of Quickto are within the consent of the user; the user shall be absolutely responsible for any damages, loss of information or other losses caused by them in the user's computer; the user shall not demand any compensation for any losses arising from the use of the service, not to use the services of the Platform for any commercial and advertising purposes without obtaining the consent of Quickto . Quickto may monitor all systems at any time or continuously.
The Platform may use its system for commercial purposes, not to mail any information which is forbidden legally and circulate any mails which do not have authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others, The User himself/herself is responsible for all kinds of acts made under the "username", The clients must pay the service fee which is notified previously at the time of delivery of products; otherwise the products shall not be delivered to the clients. not to access the Platform or services using a third-party's account/registration without the express consent of the account holder; not to use the Platform for illegal purposes; not to commit any acts of infringement on the Platform or with respect to content on the Platform; not to use the Platform to engage in commercial activities apart from sanctioned use of Quickto services; not to copy any content, including, but not limited to Merchant menu content and third-party reviews, for republication in print or online; not to create Merchant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; not to attempt to gain unauthorized access to other computer systems from or through the Platform; not to interfere with another person's use and enjoyment of the Platform or another entity's use and enjoyment of the Platform; not to upload or transmit viruses or other harmful, disruptive or destructive
files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked Platforms (including those of our Merchant partners).
All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Platform. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Platform.
Credit or Debit cards used in placing orders through the online payment gateway on the Platform must belong to the user. Otherwise, the user must obtain the legal permission from the card owner to perform
