Terms & Conditions

Terms and Conditions

Updatedon the date: 10/27/2024

Welcome to the Terms and Conditions of Use of the ApplicationEats

Please read these Terms and Conditions and Privacy Policy carefully before using the Application, whether you are a visitor or a registered user. If you do not agree to any of them, please do not use the Application.(eats) and not to create a private account, or stop using it. Note that any existence or registration of an account or use of the application constitutes acceptance and agreement to the contents of these terms and conditions and all other stated policies, as updated and published thereafter.

Definitions

The following terms, wherever they appear in these Terms and Conditions, shall have the following meanings:The one shown is its counterpart.The context does not require otherwise.:

Terms and Conditions

• This agreement regulates the relationship between (ITS) and the user and defines the rights and obligations of each party..
• EatsGulf Delivery CompanyFor trade,By commercial registration number1010742514, where it provides its services throughapplication(EATS), address: Riyadh - Diriyah, King Fahd Road.andReferred to in the Terms and Conditions as “we”, “us” or “our”."
• user: The person who registers for an account onapplication(IIt's not(or benefit from its services, and may also refer to any person present or browsing our platform in accordance with the applicable terms and conditions.
• Store: Any of the stores, restaurants, bakeries, sweet shops, and other places that offer their products on the Eats platform..
• The delegate: The person who delivers the order to the user.
• Platform: The Eats online application through which the user can access or benefit from the Eats services..
• Third Party: any person, whether a natural person or a public or specific legal entity, including ETS and its representatives, as the case may be..
• Use:Means making use of any of the (EATS) services or registering or logging in to its platform. “Use”, “Usage”, and “User” shall be construed accordingly..
• Personal data: means any information relating to a specific or identifiable user.
• ViolationAny act or violation by the user of any provision of the terms and conditions or any provision of a law, regulations, decisions, contracts, customs or violation of public morals, applicable in the Kingdom of Saudi Arabia and in the country in which the user uses the (EATS) services in its territory and jurisdiction. “Violation”, “Violations” and “Violated” shall be interpreted accordingly..

 

 

ServicesEats:

EatsIt is an electronic platform that provides paid services and enables users to order from available and participating stores that offer their products and goods on this platform. It also provides payment services and order delivery services. Therefore, Eats does not prepare, manufacture, provide or interfere with the products and goods displayed on the platform..

User Terms of Service:

The following terms and conditions will apply to the user in order to:YBeing present and using the services (Eats) Legally:

• Must be a user (Eats) Fully competent and have full capacity and must be (18) years of age.And moreIf the user lacks competence or is under the age of (18) years, his use of the Services must be approved.Eats) and the application and be under the supervision of the parent or legal guardian, as the case may be. The consent and supervision of the parent or legal guardian of the user must be reflected in the acceptance and approval of the user terms and conditions and other policies issued by (Eats), as it may cause.
• The user account shall not be disabled, banned, suspended or cancelled byNa, unless it is proven that he used the application inappropriately.

Representations and warranties:

• The User hereby represents and warrants that he may use the (Eats) application only in a proper manner and for lawful and acceptable purposes in accordance with our purpose and services, and in accordance with the terms and conditions and public morals, and all laws, legislations and decisions issued by the country whose laws must be applied to (Eats), in accordance with Clause (17) of the Terms and Conditions, and the country in which the User uses our services and platform..
• The User declares that the Terms of Service are binding on him, and that he will abide by the terms and conditions in addition to all policies issued by (Eats), as it is updated..
• The User declares that all data, information, addresses and contacts entered and provided are correct, and that the payment methods to be used are legitimate and owned by the User or that the User is authorized to use and act in relation to these methods..
• The user undertakes to maintain and preserve the confidentiality of personal account data, and to notify (Eats) Upon the User becoming aware of any unauthorized or illegal use or unauthorized access, by any means, to our Services using his/her own account or credentials, name, address or payment methods..
• The User undertakes not to share or use his account with third parties. If the User authorizes a third party to act on his account, all actions taken by this third party will be considered as actions taken by the User and the User shall bear responsibility for them.
• The User undertakes to always be in touch and stay close to the means of communication indicated in the Personal Account when making an order or using Services (Eats) until the service is provided or the order is delivered..
• The User may not use or include in his requests anything that offends, harms or harasses others in any way, including (Eats) and delivery agents. The user must not send, receive, download or upload on or through our platform anything that violates the terms and conditions, rules, regulations, decisions in force and public morals. In addition, the user is required to comply with the content standards set forth in Clause (5) of the Terms and Conditions..
• The User shall not process, monitor, copy, extract, collect, combine, modify, alter or take any other action in relation to any information, content or data available or accessible through the Platform. EatsInfringement of intellectual property rights, by any means. The user is not permitted to enter, add, upload or download any illegal or unauthorized materials or take any action that directly or indirectly disrupts or affects the operation or security of the platform. EatsUser may not reverse analyze, reverse assemble, disassemble or perform any computer or software operations on the Platform.Eatsfor what purpose.
• When evaluating the services, the user is obligated to verify the contents contained in Clause (13) herein..
• The User shall be liable for and undertake to defend, indemnify and hold harmless from and against all violations of any statutory, conventional or contractual provisions, including these Terms and Conditions, resulting from intentional acts, omissions or negligence..

Content Standards:

• The User must comply with the Acceptable Content Standards, which apply to all data and materials that the User enters, shares, receives, sends, downloads, uploads or displays, regardless of their nature, through the Platform. EatsIn addition to the interactive services associated with it. The user must use the same platform in accordance with the terms and conditions, public morals, laws, regulations, and decisions in force in the Kingdom of Saudi Arabia, and in any country whose laws are applicable to the user while using the platform. Eatsand related services.
• All contributions, posts and publications made by the User must be true and accurate when presenting or explaining facts. The User must act in good faith when providing opinions, suggestions or evaluations..
• These entries, contributions and posts, of any nature or in any form, must not contain::
• Any words, text, media or conduct that is: defamatory, obscene, offensive, racist, hateful, inflammatory, sexual, promotes violence, or promotes discrimination based on race, gender, religion, nationality, disability or age.
• Infringe any copyright or intellectual property rights, including copyrights, trademarks and patents, of any natural or legal person, including the rights of (Eats).
• Any material that may deceive any person by any means, or that violates any legal obligation or duty to a third party, including, without limitation, contractual or confidentiality obligations, or that may promote or support any illegal activity.
• Threats, abuse, assault, invasion of privacy, harassment, annoyance, causing anxiety, or any material that may in any way cause fear, embarrassment or distress to any person.
• Impersonate any person, or misrepresent the identity or affiliation of the user to any person or entity..
• engage in, support, encourage, promote or assist any illegal activity or act, including, but not limited to, copyright infringement or computer misuse;.
• Standards and prohibitions must be adhered to in both form and content..

User Responsibilities:

• It is the User's responsibility to review these Terms and Conditions and the Privacy Policy, including updates and modifications, as well as notices sent by EatsThrough the means of communication provided to us.
• The user must update his data and information in case of any change. Otherwise, the data and information registered with us will be considered binding according to the law. In the event that this data and information is not updated, the user shall bear all consequences or losses resulting, including stoppage, inability or failure to deliver the order.
• The User shall bear all consequences and losses resulting from non-compliance with Clause (4.6) of these Terms and Conditions regarding always remaining connected while using the Service until completion, including interruption, inability or failure to deliver the order..
• The user shall bear all costs, fees and losses arising from his orders in the event of cancellation, refusal to receive the order, or if he is unable to deliver the order due to a reason attributable to the user, in accordance with Clause (11) of the Terms and Conditions..
• The user is responsible for verifying the quality of the products offered on the platform.EatsIts type, reliability, and all related details, by directing all inquiries to the stores that provide their services and products to the user throughEats platform
• The user is responsible for misuse of the services (Eats) And for violating any of the user’s terms and conditions, or violating any law, regulations, decisions, customs or public morals, or assaulting third parties and violating their rights..
• The user must accept any consequences resulting from providing, entering or registering any incorrect information..
• The user is responsible for disclosing his account information and data on (Eats) to third parties, including providing or failing to maintain login data to third parties, or enabling third parties to use his account by any means, whether directly or indirectly..
• The User shall be responsible for all consequences resulting from failure to report, or delay in reporting, any unauthorized access to his data or account, as detailed in Clause (4.4) of the Terms and Conditions. In the event of reporting, the User shall not be relieved of liability for any damage incurred as a result thereof..
• The user undertakes to defendAbout EatsAnd indemnify and hold harmless from any and all disputes and claims that may be raised by(EATS)against the user or by a third party against(EATS(In the event that such disputes and claims arise as a result of an error, omission, violation or breach by the user of any contract, law, regulations, decisions, customs or traditions in the country in which the user resides, or the country within whose jurisdiction these violations and breaches fall, or as a result of the user’s violation of the terms and conditions, regardless of the nature of these disputes or claims. Compensation includes all expenses and fees incurred by(EATS)in settling, redressing or recovering from such claims, including court costs and attorneys' fees, even if(EATS(The losing party.

Liability is limited(EATS)on:

• Not tolerable)Eats(Any liability for any damage, loss or omission caused by any delay or failure in providing the Service for any reason beyond its will or control, including, but not limited to, a cause attributable to the User, force majeure, adverse weather conditions, and/or decisions of official authorities, which could not be foreseen or avoided.
• )Eats)We are not responsible for damage suffered by the User when using our Platform, such as viruses or malware, which are not caused by negligence or gross negligence or prepared by us, nor are we responsible for damages caused by a third party not related to us or controlled by us, including, but not limited to, external links and hyperlinks. The percentage provided through our platform that leads to other sites or programs whose contents and security we do not guarantee. Please note that in(EATS)We take all reasonable measures to keep our platform as secure as possible..
• EatsIt shall not be responsible for the user's misunderstanding, misuse of the service, or violation of any of the terms and conditions or any law, regulations, decisions, customs or general traditions, and shall not be responsible for the user's violation of the rights of any third party, including their representatives..
• EatsIt will not be responsible for incorrect data or content of the products displayed and provided by the stores that provide their services on the platform)Eats)Including any food sensitivities, type, nature, preparation method or ingredients. In addition,)Eats(It will not be responsible for poor quality of products and failure to meet user expectations, or for non-compliance by those stores or restaurants with the laws, regulations and decisions of the Ministry of Health and the Ministry of Municipal and Rural Affairs and Housing in the Kingdom of Saudi Arabia and their counterparts in other countries where services are available.ATEatsAll these matters fall within the responsibility of the store and are outside the control and responsibility ofEats
• Eats will not be responsible for the results of user reviews and comments, or for any losses that may result from them. Eats is also not responsible for any recommendations for any product or store that may appear to the user because these results and recommendations are the result of estimated or automated statistical data subject to information, opinions or data collected from users..
• Eats shall not be liable for any violations, infractions or breaches of any law, regulations, decisions, customs or public traditions committed by a natural person or legal person that is not controlled or monitored byEats, but is managed, monitored or controlled by a third party, including, but not limited to, violations, infringements or violations in connection with interactive services relating to oral or written communications that are not directly monitored byto Eats
• in general,EatsYou will not be liable for any damage or loss not caused by your breach or negligence.
• EatsYou will be liable in the event of non-compliance or lack of implementation of the request to compensate the user in accordance with Clause (12) of these Terms and Conditions.

User rights:

• Notify the User of any material changes made to the Terms and Conditions and Privacy Policy, and that such material changes will apply to the User one week after notification of such changes..
• Provide an electronic copy of the order invoice issued by EatsTo the user;
• Notify the user if his order cannot be delivered.
• User's right to compel EatsBy directing its representatives to implement all precautionary and preventive measures issued by the official authorities.
• Preserve the user's personal data as much as possible by following the necessary security measures and procedures, and preventing the misuse or use, or sharing of such data for the illegal purposes mentioned in the Terms and Conditions or in the Privacy Policy, as updated.
• Notify the user of any breach of his personal data on the platform (Eats) and databases, explaining its effects and the measures taken to correct it within (3) days from the date of discovery (Eats) for violation.
• The user has the right to hear complaints regardingWith compensationWhile using the Services Eats, according to clause (13) of these Terms and Conditions; and
• User who wishes to stop using the platform EatsAnd processing and using his personal data in accordance with the terms and conditions and the privacy policy, he can contactEatsTo cancel his account.

Powers and authorities of EATS:

In addition to the Terms and Conditions, Privacy Policy, and any other policies, if any, of the powers granted toEats, the user agrees and acknowledges his knowledge of the following powers of Eats:

• Retaining personal user data, and all information collected from your use of the Platform Eats, in any way or form, without prejudice to the user’s privacy, while adhering to the restrictions and powers stipulated in the Privacy Policy until the user contacts EatsTo cancel the account;
• Use of the user's personal data and contact details to notify the user of any statement regarding its services, terms, policies, requests, complaints, and other purposes, and the user agrees to use his contact details for advertising, marketing, and promotion purposes regarding the services (Eats) or participating stores or stores that provide their services on it;
• Processing of personal and non-personal user data and information collected, uploaded, sent or entered for purposes and services (Eats), and for the purposes of increasing customers, whether users or stores, or to conduct any research related to any of the contents of this item in accordance with the provisions of the Privacy Policy;
• Destroy any non-personal data and information collected from the User's use of the Application of any kind, including, but not limited to, store, product and service reviews, and aggregate statistics from Users' use of the Platform EatsHowever, such data and information may be reused, sold, distributed or transferred, without any regard to the user or third party, provided that an obfuscation approach is followed.
• Cancel, delete, suspend or block any user's account temporarily or permanently at any time without notice, whether due to the user's violation of the content, the acceptable standards of use or any provision of the terms and conditions, or for any other reason at its sole and absolute discretion, with the right to sue the user and oblige him to bear the resulting legal costs and attorneys' fees.
• Delete, block or prohibit any comments, words, posts or entries of any kind by the user on the platform Eats, whether for violating the Content Standards or for any other reason, at our sole discretion. EatsPrivate and absolute.
• Suspend its services or suspend the operation of its platform, in whole or in part, permanently or temporarily, for the purposes of maintenance, upgrade, development, modification, or for any other purpose or for any other reason, at its sole discretion, at any time without prejudice to the right of the user receiving the service during such cessation or suspension to be compensated in accordance with Clause (12.4) of the Terms and Conditions; and
• Dispose of its property or delegate its services. In such event, the successor shall be bound by these Terms and Conditions and the Privacy Policy, until updated and communicated to the User..

How does the app work?Eats?

• Eats platform allows the user to choose any of the available stores that provide their services through the platform. It also provides a list of the products available in these stores, with their descriptions, prices, and user reviews, in addition to a range of various payment methods according to the user’s preferences. The platform also enables the user to track the order and communicate with the delivery representative..
• The user can order from one of the available stores according to his location, by adding the desired products from the store list to the shopping cart. The user can also add a (special request) to the product as he wishes, by writing a note before adding the product to the shopping cart.
• When the user has selected all the products he/she wishes to purchase from the list, he/she must go to the (basket), specify the exact delivery address and specify the preferred pickup date, either at the earliest available time, or by setting an appointment via the (scheduled appointment) feature by specifying the desired day and time for delivery..
• The User must carefully review the order, invoice and information entered, including addresses, contact details, payment dates and methods selected from the available list before clicking on the “Submit Order” button, because the contract is deemed concluded once the User clicks on the “Submit Order” button and the store accepts the order..
• Eats is not obligated to accept an order after it has been submitted by the User for any reason. In this case, the User shall be reimbursed for any electronic payments previously made..
• When the user makes any error in completing the data required to follow up on the order without having the opportunity to modify the order, the user must contact customer service at (Eats) To correct the request, taking into account the following::
• If the order is due to be delivered on the earliest date, the User must inform us of the error that must be corrected, at any time and wherever possible, provided that the Store has not started processing the User's order during this period;
• In the event that the order is scheduled, the user must notify us of the error that must be corrected at least (24) hours before the date of delivery of the order, provided that the store has not started processing the user’s order during this period;
• Upon expiry of the specified period, the User's right to use his right under this clause shall be lost if the User has benefited from the received product and/or service, including, without limitation, starting to prepare the order or receiving the order by the representative to benefit from the service provided by him.Eats
• Any modification that the User wishes to make will not be considered an error under the provisions of this Article.Eats, at its discretion, to determine the error that can be corrected in accordance with the provisions of this clause, at any time and wherever possible..
• We may correct any unintentional error in the statement or offer made or made apparent to the User, provided that the User is contacted and informed of the error as soon as possible after we discover it and before we begin processing the order or receive or deliver the order to the User. In such a case, the User may choose to proceed with the order after correction or cancel the order and obtain compensation for the consequences of such error only..
• The delivery representative’s completion of the order is considered completion of the service and the user is assumed to have received the order. The user whose order is completed before receiving it must submit a complaint within (10) minutes from the time the delivery representative completes the order, in accordance with Clause (12.5) of the Terms and Conditions.
• The user shall bear any amounts imposed by the store in excess of the invoice contents as a result of adding any note or special request to the product..
• All data and details provided in stores and their listings are the responsibility of the store that provides (Eats) with it, and we do not guarantee its accuracy. The user is responsible for verifying the accuracy of the details directly from the store in accordance with Clause (6.5) of the Terms and Conditions..

Cancellation and non-delivery of the order:

• The user is allowed to cancel his order, provided that he has notAcceptsThe store requests the user, without incurring any financial fees..
• If the user wants to cancel the order after the store has started processing it, the user must pay all financial costs incurred in this regard..
• If the user refuses to receive the order after it has been delivered to the entered site, the order will be considered cancelled after it has been accepted and prepared, and the provisions of Clause (11.2) above will apply..
• If the User cannot be reached due to inaccurate addresses or incorrect means of communication, or if the User fails to remain in contact after placing the order, a period of (10) minutes from the time the worker arrives at the location specified by the user. If this period expires without the worker responding or contacting customer service or without receiving the order, the order will be cancelled, and (Eats) Any obligations thereafter to deliver the order or compensate the user in any way as a result of violating clauses (6.2) and (6.3) of the terms and conditions..
• (Eats) We do not provide a replacement or return service for any of the products requested/received by the user, regardless of the nature of the product, as the store's return policies apply, which are subject to external control from us. Accordingly, the user must communicate directly with the store that owns the product.
• You can get Cashback through the delivery service.
• The will be convertedThe cashback earned will be credited to the customer's wallet and will not be transferred to the bank account.
• The cashback code cannot be used on orders that specify the option to pay from the customer's wallet on the application..
• The will be convertedEarned cashback to the customer's wallet within one hour after delivery and electronic payment only via the application, without the need to pay in cash or transfer to the delivery captain's account.
• In case of cancellation of the order or non-payment, the customer will not receive anyCashback.
• The cannot be withdrawn.cashback or exchange it for cash.
• Eats reserves the right to change the terms and conditions of cashback offers without prior notice..

TheCompensation:

• A user who is harmed, loses an item from his order, or receives a product different from the one ordered, is entitled to obtain compensation through any of the following means::
• Attempt to deliver the same or similar product ordered by the User based on the agreement, taking into account the difference in price; or Reimbursement to the user for the value of the missing or damaged product or the value of the correct product.
• The user will have the right to compensation if the requested product is not available in the store, and he will be compensated for the value of the product, if he has paid for the product in advance electronically before receiving it..
• In the event of a delay in the delivery of the order, the user is entitled to receive compensation for the delivery value, based on a complaint submitted by the user. However, the user’s orders will be considered late if they are submitted after (60) minutes from the scheduled delivery time.
• The provisions of Clause (1.7) of the Terms and Conditions are excluded..
• In the event of an interruption or suspension of the Eats platform during the user’s service; i.e. after sending the order and before the order is delivered to the user, for more than (60) minutes without the platform being returned online, the user is entitled to obtain compensation by refunding the electronic payments previously made for this order, provided that the order delivery representative does not contact the user or the order is not delivered to the user during this interruption in service..
• The user must check the order upon receipt. In case of any comments on the received order, the user must contact customer service via the “Contact Us” feature within (10) minutes from the time of receiving the order to take the necessary actions including verification and compensation.
• Compensation must be made by transferring the amount to the user's wallet on the platform.And Eats.
• (EATS)It has the right to stop, suspend or block the evaluation temporarily or permanently for all or some of the users or one of them, for any reason it deems appropriate, at its full discretion..

Complaints and suggestions:

• The user has the right to submit any comment, suggestion, complaint or otherwise when he finds a reason for that while using Eats
• The user can provide his feedback by contacting customer service at EatsBy clicking on the (Contact Us) button on the platform Eats, choose the type of note from the list, and explain its data in detail. The user can also contact the customer service team directly at EatsThese calls may be recorded for the purpose of monitoring the quality of user service..
• inEatsWe always strive to satisfy users, and we promise to consider users' suggestions and inquiries as much as possible. We will also investigate complaints submitted by the user within a period of two days from the date of submitting the complaint. In the event of any event mentioned in Clause (12) of the Terms and Conditions, the user will be compensated. The user can follow up on the submitted complaint and its results through the (Contact Us) feature on our platform.
• The provisions of the Content Standards contained in Clause (5) of the Terms and Conditions apply to the User’s contact with Customer Service at EatsThrough any means of communication available to the user.

Save data:

(EATS) collects, stores, protects and processes user data and information while using our services and having an account with us. For more clarification on how EATS uses user data and information and the restrictions imposed on it, please review the privacy policy here.

Intellectual Property Rights:

All platform (Eats) and the intellectual, literary and industrial rights contained therein - such as trademarks and copyrighted works - are protected by laws, legislation and international agreements. They may not be violated by deletion, change, addition, modification, distortion, sale, licensing, copying, reprinting, downloading, advertising, transmission, distribution, display, editing, creating derivative works, or harming or exploiting in any way, for personal or commercial purposes; except for those previously approved by written consent from (Eats).

Governance laws:

All legislation in the Kingdom of Saudi Arabia and decisions issued by official bodies apply to all matters not covered here, for the following topics::

• Terms and Conditions, Privacy Policy, and any other policy posted by us. Eats
• The relationship betweenEatsand the user while using the serviceATEatsAll disputes and claims that may arise from the use of the platform Eatsor services.

 

Dispute Resolution:

• The courts of the Kingdom of Saudi Arabia located in the city of Riyadh shall have jurisdiction to settle any dispute arising from visiting our platform or using our services, or violating any provision of the terms and conditions or any law, regulation, decision or public morals; regardless of the city or country in which the user resides and the address.(Eats
• Before filing a lawsuit before the competent court to consider the dispute in Riyadh, the user must submit his complaint to customer service at EatsIf no solution or amicable settlement is reached within (15) days from the date of filing the complaint, the user may resort to the competent court to resolve the dispute. Otherwise, the user will be liable for any legal fees or costs or attorney fees arising from this lawsuit, even in the event of a loss.EatsTo file a lawsuit and settle the lawsuit afterwards.
• The provisions of these Terms and Section 17 do not affect the rightEatsIn prosecuting the user for violating the laws of other countries competent to consider crimes and violations committed by the user within its arsenal.

Miscellaneous rulings:

• The Privacy Policy and any other policy we may announce will be considered as an addition and supplement to the Terms of Use..
• Any failure to exercise any of the rights or powers Eatsprovided in these Terms of Use or other policies does not constitute a waiver of those rights and powers.
• If any provision of the Terms of Use or other policies is invalid under any legislation, this will not affect the validity of the remaining provisions which will remain in full force and effect..
• In the event of a conflict between the Terms of Use written in Arabic and another language, the Arabic version shall prevail..
• EatsNotifications and alerts will be sent to the mobile number or email registered by the user in his account. The user must change the mobile number and email in case of any change. Otherwise, they will be considered valid and legally binding according to the law.

Modification of Terms and Conditions:

• We are inEatsWe have the right to modify the Terms and Conditions, Privacy Policy or any other posted policy, at any time.
• It is the user's responsibility to review any updates or modifications made as of the date on which he is notified of such modifications..
• These amendments will be effective and enforceable for the user after (one week) from the date of notification to the user..
• The advertisement is considered ready and delivered when it is published on the platform. EatsWith a warning to modify it on this platform, or by sending an electronic link leading the user to the modification or sending a notification of its modification to the means of communication entered by the user in his account. The user’s failure to review these modifications or messages will not be considered a factor in determining whether the advertisement was properly made and served or not.
• The advertisement is considered ready and delivered when it is published on the platform. EatsWith a warning to modify it on this platform, or by sending an electronic link leading the user to the modification or sending a notification of its modification to the means of communication entered by the user in his account. The user’s failure to review these modifications or messages will not be considered a factor in determining whether the advertisement was properly made and served or not.