Terms and Conditions

Article (1)
Terms and conditions

This Terms of Use Agreement (the “Agreement”) sets out the terms of use of our Services (as defined below) provided to you (collectively “you” or “User”), whether as a guest or a registered user, through our website Foodak.com (the “Site”) or any application (the “App”) we, Venture Capital Vision Cyber Marketing (collectively,  “we”, “us” or “Foodak”), make available via an app store or otherwise.

By using the Site and/or App, you confirm that you:

  1. Represent and warrant that you are at the age of 18 or above; and
  2. Agree to the terms, conditions, obligations, affirmations, representation, and warranties as set forth in
    this Agreement.

If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted on our Site and/or App. Your continued use of the Services after amendments are posted constitutes acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Article (2)
About Us

Foodak provides online food ordering services by entering into contractual arrangements with restaurants on a principal to principal basis for the purpose of listing their food and beverages (the “Restaurant”) for online ordering by Users through the Site and/or App. Users can access the list of food and beverages of the Restaurant listed on the Site and/or App and place orders against the Restaurant, which the Restaurant may or may not accept at its absolute discretion.

Foodak provides online food ordering services by entering into contractual arrangements with restaurants on a principal to principal basis for the purpose of listing their food and beverages (the “Restaurant”) for online
ordering by Users through the Site and/or App. Users can access the list of food and beverages of the Restaurant listed on the Site and/or App and place orders against the Restaurant, which the Restaurant may or may not accept at its absolute discretion.

Article (3)
Services

Foodak offers, through its Site and App, an easy search for Restaurants throughout Qatar, as well as an ordering and/or delivery services from these Restaurants (the “Services”). Each Restaurant has a prescribed delivery area.

If you request an order to be delivered outside of the delivery area, you will be notified that your order is not possible. Your order will also depend on the Restaurant’s opening hours, local trading conditions and the food and
beverages availability at the Restaurant.

We aim to provide you with the best Services possible. Unfortunately, some factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. Once you place your order, you
will be notified with the estimated time of delivery as advised by the Restaurant. The expected delivery time can be fifteen minutes less or more than the notified estimated time. We shall not be liable for any actions or
omissions by the Restaurant including deficiency in service, wrong delivery or order, quality of food and beverages, time taken to prepare or deliver the order, etc.

Our Services are offered on a temporary basis. We reserve our right at any time and without prior notice to suspend, withdraw, amend or terminate your access to our Site, App and/or our Service for any reason or no reason,
considered to be objectionable, in violation of this Agreement, any law or regulation or otherwise harmful to the Services. You agree not to use the services for any illegal purpose or in any manner inconsistent with the terms and conditions of this Agreement. We will not be liable if, for any reason, our Site, App or our Service are unavailable at any time or for any period.

Article (4)
Registration

Accessing our Services means we must have certain information, including but not limited to:

  1. Ordering directly as a guest and without registering an account;
  2. Registering to create an account (the “Foodak Account”); or
  3. Registering to join by logging into your account with certain third-party social networking sites (the
    “SNS”) (including, but not limited to, Facebook), each such account, a “Third-Party Account”. As part of the
    functionality of the Services, you may link your Foodak Account with Third Party Accounts, by either:

    1. Providing your Third-Party Account login information to us; or
    2. Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions
      that govern your use of each Third-Party Account.
      By granting us access to any Third Party Accounts, you understand that we will access, make available and
      store (if applicable) any content or information that you have provided to and stored in your Third Party
      Account (“SNS Content”) so that it is available on and through the Services. Unless otherwise specified in
      this Agreement, all SNS Content, if any, will be considered to be your content

You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your
Foodak Account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

Every user shall have access to only one Foodak account and shall not be permitted to create multiple accounts.

Upon discovering multiple accounts for the same user, Foodak reserves the right to suspend such multiple accounts without any liability.

Every User shall be responsible for safeguarding his/her password. The user shall not disclose his/her password to any third party, and it will be their sole responsibility for any activities or actions under their Foodak Account, whether or not you have authorized such activities or actions.

Article (5)
Price List

Foodak shall list all prices as received from Restaurants. The final price charged to the User may change at the time of delivery. In the event of a conflict between the price listed on the Site or App and the price charged by the Restaurant, the price charged by the Restaurant shall be deemed to be the correct price, except for the delivery charge.

Article (6)
Ordering

User shall request, through our Site or App, to order food and beverages from a Restaurant by clicking on ‘Place Order’ tab on the Restaurant’s page. Your request shall constitute an unconditional and irrevocable authorization issued in favor of Foodak to place online orders for food and beverages against the Restaurant on User’s behalf. User must warrant that while placing an order the details, like contact number, delivery address, etc. are accurate and correct.

Any order you place is subject to product availability, delivery capacity and acceptance by us and the Restaurant. Upon placing an online order, you shall receive an order placement notification from the Site or App
confirming receipt of your order. This shall not mean that your order is accepted. If order and delivery capacity are available, your order shall be accepted. In case your order and/or the delivery capacity are unavailable, you shall also be notified.

We may call you to confirm the details, the price and the estimated delivery time. It shall be your sole responsibility to bring any incorrect details to our attention. We may also contact you to inform and confirm any change in the order and/or price, as informed by the Restaurant. Foodak reserves the right to not process your order in the event you are unavailable on the phone.

Article (7)
Delivery

Your order will be delivered, by Foodak, the Restaurant or a third-party logistics service provider, to the address provided by you while ordering. The delivery period provided through the Site or App at the time of ordering are approximate only and may vary.

If your order is not delivered within the estimated delivery period quoted, User shall contact Foodak who shall try to ensure that you receive your order as quickly as reasonably possible.

Your order shall be deemed to have been delivered to you and all risk and responsibility in relation to such order shall pass to you if:

  1. you fail to accept delivery of your order at the time it is ready for delivery; or
  2. the order was not delivered at the nominated time due to your failure to provide appropriate instructions or
    authorizations;

User shall be charged a delivery fee for delivery of the order. User must agree that Foodak is authorized to collect, on behalf of the Restaurants, the price of the order as well as the delivery charges.

We are not responsible for the wrong or partial delivery. The problem must be resolved directly with the participating Restaurant

User may also select the takeaway option, whereby the order shall be picked up from the Restaurant by him- or herself.

Article (8)
Payments

Upon placement and acceptance of order, you agree to pay in Qatari Riyals the total value of the order (as provided by the Restaurant) along with the delivery charges (if any), either by:

  1. cash on delivery;
  2. local debit cards;
  3. credit cards;

Foodak reserves its right to amend the above listed payment methods.

We will collect the total amount in accordance with these terms and conditions and the pricing terms set forth in the applicable menu listing for the particular Restaurant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

Foodak does not provide banking or financial services, but rather an electronic, automated online payment, using the existing third parties’ authorized banking infrastructure and credit card payment gateway networks, to collect the value of the order and the relevant taxes, as advised by / and on behalf of the Restaurant. You hereby authorize the collection of such amounts. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the services.

You will be requested to provide customary billing information such as name, billing address and credit card information either to us or to our third party payment processor You may elect, at your own risk, to save your
debit/credit card data, which will be cached locally on your device. You will be able to amend these data or disable

this feature and remove your data through your Foodak Account settings. You hereby waive any rights you may have, now or in the future to make any claims, demands or take any legal actions against us, our employees, agents, affiliates, or contractors in connection to your data.

Article (9)
Cancellation & Refunds

If you decide to cancel your order, you must notify Foodak immediately, preferably by phone, and quote your order number. If the cancellation was made on time and accepted by the Restaurant, you will be refunded the order value along with the delivery charge, if any.

You have the right to reject the delivery of the wrong item/order and you shall be fully refunded for the missing item/order.

In case of a partial order delivery (as some items may not be available), Foodak shall inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.

Foodak will not facilitate replacements/ refunds/ or any other resolution without Restaurant’s permission.

If you have already been billed, full or partial refunds will be issued by Foodak, as deemed appropriate and determined solely by Foodak. Any refund will either be made:

  1. as a credit on the Foodak application, which must be used within fourteen (14) days of the date on which
    the credit is issued, or else it expires; or
  2. if you paid by credit/debit card and wish to have the credit refunded to your card, please notify us
    immediately of your request. In such case, refund amounts shall be credited to your account in accordance with
    the terms that may be stipulated by the bank which has issued the credit/debit card.

Aside from the above listed, any cancellation of an order shall amount to a breach of User’s unconditional and irrevocable authorization in favor of Foodak to place the order against the Restaurant on User’s behalf. In such
event, the User shall be liable to pay an amount equivalent to the order value. User hereby authorizes Foodak to deduct or collect the amount payable through such means as Foodak may determine in its discretion, including without limitation, by deducting such amount from the payment made towards User’s next order.

Article (10)
Coupons

Foodak may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Site and / or App only, and as per the terms specified from time to time by Foodak (hereinafter referred to as “Coupons”). Coupons may be used by Users subject to such terms and conditions.

Coupons will be subject to validity periods as provided by Foodak and may not be valid when used in conjunction with other promotions, discounts or other vouchers.

All Coupons are one-time use only. If User does not redeem full amount of the Coupons, same Coupons may not be used again to redeem remaining amount.

Coupons are applicable for all restaurants (unless otherwise advised), non-redeemable for cash or credit and do not include delivery charges.

Foodak reserves the right to void, discontinue or reject the use of any Coupons without prior notice. Cancelled orders paid with Coupons cannot be redeemed for credit or cash.

Article (11)
Your Information

As a result of you using our services, we might collect certain data about you. For more details, please refer to our privacy policy.

Article (12)
Failure of the Platform

No liability shall be incurred by Foodak during the time the Sit or App are down, under maintenance, technical issues and/or connection failure caused by the internet service provider and/or operator.

Article (13)
Third Party Sites

No liability shall be incurred by Foodak during the time the Sit or App are down, under maintenance, technical issues and/or connection failure caused by the internet service provider and/or operator.

Article (14)
Limitation of Liability

The services are provided “as is” and “as available” and the use of the services shall be at the risk of User.

Foodak does not make any warranty whatsoever, whether express or implied, that the use of the Site and the App will be error free, fit for purpose, timely, or that the site or the server that makes it available are free of viruses or bugs. Foodak does not assume liability for any interruptions, connection errors, unavailability of, or faults in the Site or App.

User acknowledges that Foodak bears no responsibility for the compliance with statutory rules, regulations, and licenses by the Restaurants. The User agrees that Foodak shall not be liable in any manner if the User is unable
to avail the offer(s) with a Restaurant due to Restaurant’s violation of any statutory rule, regulation, and license.

Foodak shall not be held liable for any failure or delay in delivering the order where such failure arises as a result of any act or omission, which is outside our reasonable control, such as events caused directly and
exclusively by the forces of nature, war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

Article (15)
Review and Ratings

The reviews or ratings for a Restaurant by users are for informational purposes only, do not constitute and advice and reflects the personal views of the users and not the opinion of Foodak. We disclaim any liability and responsibility arising from these reviews and ratings.

Article (16)
Intellectual Property

All copyrights, trademarks and other intellectual property rights on the Site or App, and its content (including without limitation the design, text, graphics, logos, icons, images and all software, databases and source code) are owned by or licensed to Foodak or otherwise used by Foodak as permitted by law.

You may not print, copy, reproduce, download, republish, transmit, display, modify or re-use the materials from
the Site or App for anything other than personal, non-commercial use.

Article (17)
Advertisement

You agree to the advertisements that may be placed by Foodak on the Site and App. Foodak will not be responsible or liable for any errors or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or a result of the presence of such other advertiser(s) on the Site and/or App.

Article (18)
Advertisement

These terms and conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these terms and conditions and any other term or provision on the Site or App, these terms and conditions shall prevail. No delay or failure on our part to enforce our rights or remedies under this Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

Neither party shall be liable for any delay or failure to perform their obligations under this Agreement, where such delay or failure results from any cause, that is beyond the reasonable control of that party.

If any part of these terms & conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms & conditions and shall not affect the validity and enforceability of any of the remaining provisions.

These terms and conditions and our Agreement shall be governed by and construed in accordance with the laws of the State of Qatar. The parties hereto submit to the exclusive jurisdiction of the courts of the State of Qatar.

If you have questions or concerns about these terms and conditions you can contact us at support@foodak.com.