TERMS & CONDITIONS
1. INTRODUCTION
These Terms & Conditions ("Terms") is an agreement between you ("you," "your," or “Restaurant”) and Alovant Technology Management, LLC (together with its subsidiaries, affiliates, officers, agents, employees, representatives and agents, hereinafter collectively referred to as "Company", "we," “our,” or "us").
You must read, agree to, and accept all of the terms and conditions contained in these Terms in order to use our mobile application Zabihah Market and/or website found at http://myzabihah.com/ (the together the “Platform”).
The Company is an intermediary that owns and maintains the Platform. We are not a food delivery service. Our Platform is a food ordering system, which facilitates transactions between food vendors and customers (including food ordering and table booking), promotes such vendors’ businesses, and allows vendors to seamlessly connect to third-party payment and food delivery services. Company aims to contribute to the empowerment of social-driven organizations, helping them gain visibility and increase their revenues.
You understand that by using the Platform, you agree to be bound by these Terms. If you do not accept these Terms in its entirety, you must not access or use the Platform. If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this these Terms. In that event, "you," "your," or “Restaurant” will refer and apply to that entity.
2. YOUR ACCOUNT
Your Account. In order to use our Platform, you must (i) register for an account on the Platform (“Account”), and (ii) provide certain information about yourself as requested by Company in the online registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Platform does not violate any applicable laws.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Platform. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that Company’s account security procedures are commercially reasonable. You agree to immediately notify Company in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security.
Connecting to Third-Party Services. The Platform offers the Restaurant an easy account integration with various third-party payment systems and a third-party food delivery service for the convenience of online payment processing and food delivery arrangement. We are not affiliated with such third parties and shall not be responsible for performance of any such third-party services.
3. LICENSE TO USE PLATFORM
License. Subject to these Terms, the Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Platform.
Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: you shall not (a) license, sell, rent, lease, transfer, assign, or distribute the Platform; (b) access the Platform in order to build a similar or competitive service; (c) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (d) collect information or data regarding other Platform users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (e) send out unsolicited emails or text messages to Platform users, whose contact information you have obtained through the Platform (you must obtain consent directly from such Platform users to send out any unsolicited emails or text messages); (f) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (g) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); and (h) interfere with another Platform user’s use and enjoyment of the Platform.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Platform (excluding your Content, as defined below). The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Platform. Our name, logo, and other names associated with the Platform belong to us (or our licensors, if any and where applicable), and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
4. MEAL LISTING TERMS & YOUR CONTENT
Meal Listing. Creating a meal listing is free. However, all the content you post (including prices, photos, and descriptions) must be subject to the following terms.
Halal Food Listing. The Platform was created to promote vendors, whose menus consist fully or partially of halal dishes. Your Restaurant must offer at least one halal dish in order to be listed on the Platform. If your Restaurant is serving non-halal dishes, you must indicate which dishes are halal on the Platform.
Content. “Content” shall mean any and all content (including, but not limited to, descriptions, prices, pictures, and videos) that you upload, post, publish, submit or otherwise distribute via the Platform. You are solely responsible for your Content. You assume all risks associated with sharing of your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that makes you or any third party personally identifiable.
You agree not to use the Platform to upload, distribute, or otherwise use any Content in a way (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; or (e) that violates any law, regulation, or contractual obligations.
Company is not responsible for misrepresentation of any Content and does not check the Content for its accuracy. Company has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to any Content.
5. PAYMENT TERMS
Payment for Food. All the payments for food orders will be made by customers to the Restaurant. The Company will not take any payments on behalf of the Restaurant. It is up to the Restaurant to choose acceptable methods of payment for food orders.
Company’s Fees. For using the Platform and Company’s services, the Restaurant will be charged the following fees (“Company’s Fees”):
One-Time Non-Refundable New Account Setup Fee: $285
Per Order Commission: 5% from the price of a purchased dish unless a promotion % rate is offered and clearly mentioned in the email conversation.
On any given Month (1st day – Last day), if there are $0.00 orders processed through the system, the Restaurant will be charged a $50.00 Flat fee.
All Company’s Fees are non-refundable. Moreover, Per Order Commission shall be deemed earned upon processing of an order and regardless of whether the Restaurant’s customer end up paying for the order or not.
Invoicing & Automatic Payments. We will send you an invoice for any outstanding Per Order Commission and Monthly Licensing Fee on the 1st day of each calendar month. During your first month with us you will have 5 (five) calendar days to pay for any outstanding Company Fees, however, starting from the second month you may be automatically charged for any outstanding Company Fees on the 1st of each month. You hereby authorize the Company to charge your credit/debit card on file when any Company Fee becomes due.
Late Payment. We will give a grace period of 5 (five) calendar days to pay for all of your outstanding Company Fees, however, a late payment of any Company Fee after such grace period will incur a penalty fee of $50 per day. Should the Restaurant fail to pay for the Company Fees within 10 (ten) calendar days following the due date, the Company will have the right to suspend the Restaurant’s Account until the payment is made (including the penalty fee). The Company reserves the right to permanently terminate the Restaurant’s Account upon the second suspension of the Restaurant’s Account for any late payment.
Taxes and Delivery Expenses. The Restaurant shall bear all the expenses associated with taxes and food delivery charges.
6. CUSTOMER SUPPORT
We offer customer support in case of any issues with 12-24 hour turn around period. Should you have any issues you may contact us through the contact form found on the Platform at: https://zabihahmarket.com/contact-us
7. YOUR PRIVACY
The Terms include and hereby incorporate by reference Company’s Privacy Policy. Privacy and security of your personal information is very important to us. Therefore, we compiled a Privacy Policy, which can be found on our Platform. By using the Platform, you agree and consent to our collection and use of personal data as outlined therein. We aim to limit our collection of personal information to only such personal information as required for legitimate purposes. We take appropriate security measures to protect your personal information and also require this from third parties that process personal information of the Service users on our behalf. We respect your right to access your personal information or have it corrected or deleted, at your request. To learn about details, please review our Privacy Policy.
8. WARRANTIES; DISCLAIMERS; & LIMITATIONS OF LIABILITY
The Platform is provided on “as is” and “as available” basis and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Company (and our suppliers) makes no warranty that the Platform: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The system upgrades will happen from time to time without notice and without downtime. All system upgrades are free of charge. Moreover, we reserve the right, at any time, to modify, suspend, or discontinue the operation of the Platform or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Platform or any part thereof. Any future release, update, or other addition to any of functionalities of the Platform shall be subject to the terms and conditions of these Terms.
Moreover, please note that the Company is not a food delivery or payment processing company. We provide the Platform that lets restaurants advertise their menu to Platform users and process orders through it. We do not provide any equipment to the Restaurant. The Restaurant will need to obtain any necessary equipment in order to process orders (such as any Android tablet and a receipt printer compatible with our Platform’s system).
IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE PLATFORM, OR OUR SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
9. INDEMNIFICATION
You agree to defend us, indemnify us and hold us harmless from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Platform, (ii) your Content, (iii) any claim, judgment, or adjudication that any action or omission by you infringes proprietary rights or other rights of any third party or any other Platform user, and (iv) your violation of 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 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.
10.TERM AND TERMINATION
Term. You hereby acknowledge and agree that these Terms shall come into force on the date you create an Account and will remain in force and effect while you use the Platform, until terminated in accordance with these Terms.
Termination. Either the Restaurant or the Company may terminate these Terms by providing a 30-day notice. If you wish to terminate these Terms, please contact us through the contact form found on the Platform or email us at “[email protected]”.
We may (a) suspend your rights to use the Platform and/or your Account; and/or (b) terminate these Terms, at any time if we believe you have violated any provision of these Terms. Without limiting the foregoing, we reserve the right to terminate our contractual relationship with the Restaurant if the Restaurant repeatedly infringes upon third party copyright rights upon prompt notification to us by the copyright owner or the copyright owner’s legal agent.
Upon termination of these Terms, your Account and right to use the Platform will automatically and immediately terminate. You understand that closure/termination of your Account involves deletion of your Content. We will not incur any liability whatsoever to you for any termination of these Terms, including for any termination of your Account or deletion of your Content.
Termination shall not relieve the Restaurant of the requirement to pay outstanding Company Fees for the use of the Platform, which are non-refundable.
11.RELATIONSHIP BETWEEN COMPANY AND RESTAURANT
No employment relationship, agency, partnership or joint venture is intended, nor shall any such relationship be deemed created hereby. Except as may be specifically set forth in this Agreement, each party shall be solely and exclusively responsible for its own expenses, taxes, and costs of performance. No party hereto, nor its respective agents or employees, shall be required to assume or bear a responsibility for the acts or omissions, or any consequences thereof, of the other party, or its agents or employees under these Terms.
12.DISPUTE RESOLUTION & GOVERNING LAW
Disputes Between Restaurant and Other Platform Users. If you find yourself in a dispute with another Platform user or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. Company does not have any control over the actions of the Platform users, nor can it ensure that any Platform user will comply with these Terms. You release Company from any claims, demands and damages arising out of disputes with other Platform users or third parties.
Disputes Between Company and Restaurant. All disputes arising under this Agreement (a) shall be governed by and interpreted in accordance with the laws of the State of Georgia, USA without regard to principles of conflict of laws and (b) shall be settled by binding arbitration in the State of Georgia or another location mutually agreeable to the Parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.
13.GENERAL PROVISIONS
Entire Agreement. These Terms constitute the entire agreement between you and us with respect to the subject matters hereof and supersedes all prior discussions and agreements between you and us with respect to such subject matters.
Modifications. The Company may amend these Terms from time to time by sending you a 30-day notification and posting a revised version on the Platform. Your continued use of the Platform after the revision date constitutes your acceptance of its terms and conditions and agreement to be bound by its terms and conditions.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Notices: Consent to Electronic Notice. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Platform. Notices hereunder shall be invalid unless made in writing and given (a) by Company via email (to the email address that you provide), (b) a posting on the Platform or to such other email addresses as Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.