OUR TERMS OF USE

This page (along with any document referred in it) sets out the terms and conditions for accessing and using Labaiik platform and regulates our relationship with you (“Terms of Use”). Therefore, please read these Terms of Use before placing any orders through our platform or using any of its features.

These Terms of Use do not replace the rights conferred upon you by consumer protection laws and other applicable laws in the United Arab Emirates.


1. Information About Us

Labaiik is owned and operated by Labaiik Order Delivery Services L.L.C (“we”, “us” or “Labaiik”), a limited liability company incorporated under the laws of the United Arab Emirates, as applicable in the Emirate of Abu Dhabi.


2. Our Aim

Our aim is to provide an easy and user-friendly platform in the form of our Labaiik mobile application (the “application”, “platform”) designed to facilitate transactions between its users (the “Buyers”, “you”, “user/s”) and the merchants like grocery stores, restaurants etc. (the “Sellers”). On Labaiik platform, Sellers can list their products and items, from which the Buyers can choose and place their orders (the “Order/s”). Once an Order is placed, a Seller can accept and start preparing the Order (Buyer will be notified of acceptance), which will then be dispatched for delivery in the most hassle-free manner at the Buyer’s door steps or at any other place of their choice (subject to the operational and catchment area of the Sellers).


3. User Account

In order for you to utilize our platform, you need to register and create an account with Labaiik. The account can be created by using your e-mail address or mobile number. At the time of creating your account, you receive a one-time password (OTP) from us. You can then set-up your password to log into your account. It shall be your responsibility to keep your account details confidential at all time in order to avoid any misuse or unauthorized access to your account.

In case you violate any terms and conditions stated in this document or the applicable laws, your account may be suspended or deleted. In such events, we may also red flag your phone number and email that will bar you from re-registering again.


4. Availability

The Sellers listed on our platform have their own operating hours and area of operation. This means that the availability of our services depends upon the timing as well as the location of the Sellers. Furthermore, the availability of our services also depends upon other factors including prevailing weather, personnel availability, and the number of requests we receive.


5. Orders

To place an Order on our platform, you need to select the items and add them to your cart, followed by selecting the method of your payment (which also means you accept your obligation to make the necessary payments, including applicable taxes and charges). You would than need to confirm your Order by clicking on the “Place Order” button. The Order would become valid only once it is accepted by the Seller, following which the Order will be allocated for delivery.


6. Product Delivery

Labaiik intends to provide you with the best choice of products and items from a wide range of Sellers within your vicinity where it is operationally possible to deliver your Orders.

Once you place an Order through Labaiik platform, we will make best efforts to coordinate the delivery of your Order, however, it shall be your responsibility to provide us with full and accurate information about the delivery address in order to avoid unnecessary delay. Such information may include, but may not be limited to, the name of the city, sub zone/locality name, street name, building name, apartment number, nearest landmark, GPS location (you share with us by phone) etc.

We intend to coordinate the delivery of your Order within 60 minutes, however the actual delivery time may vary and will depend upon several factors including the availability of personnel, condition of traffic, weather, your distance from the Seller’s store etc., and as such, we cannot guarantee any particular timeframe for the delivery of your Order. You therefore agree that Labaiik shall not be liable for any delays beyond the expected delivery time frame.

If a delivery fails due to any reasons attributable to you (like wrong address or your failure to collect your Order etc.), you shall still be charged and liable for the payment of your Order (including its delivery charges).


7. Age Restricted Products

For placing Orders through Labaiik, you must be of the age in which you can provide consent and enter into a legally binding contract under the applicable laws. If you haven't reached such age and still want to use our platform or services, your parents or guardians must agree to our Terms of Use on your behalf and you must place your Orders under their supervision. /p>

If you place an Order for an item which is age restricted and you appear underaged, we reserve the right to ask you for your proof of age.


8. Cancellation and Refund

Cancellation of Orders is available only in exceptional circumstances. A Buyer may reach out to our customer services team who will have an absolute discretion on deciding upon the Buyer’s request for Order cancellation.

Like cancellations, refunds will also be allowed only in exceptional circumstances and under the discretion of our customer services team. Any refund to a Buyer, whether against a cancelled Order or otherwise, shall be made by reversing the mode of payment. We only act as facilitators for refund process, while the actual responsibility and burden of refund or any financial implications or claims shall be directly on the processing bank or the Seller (if the payment has been credited to the Seller’s account).


9. Prices and Payments

Prices of all products and items listed on Labaiik platform are directly from the Sellers. While making a purchase, the total price of your Order will be displayed on the checkout page, which shall include delivery charges, taxes and any other applicable charges.

You confirm that you are using our platform for personal, non-commercial use unless you request a VAT invoice.

You can make the payment for your Order through various options like cash on delivery, online payment (using a credit and debit cards). If you are making an online payment, please note that such payments shall be processed through registered e-gate payment providers and our role in such payment processes will be limited to being facilitators only. Therefore, all online payments shall be subject to the terms and conditions of e-gate payment providers. All credit/debit cards details and personally identifiable information will not be stored, sold, shared, rented or leased to any third parties by Labaiik. We accept payments online using Visa and MasterCard credit/debit card in AED. If you are using cash on delivery option, please make sure you keep sufficient change with yourself that matches the Order price.


10. Data Protection

All user related information and data is processed in accordance with our privacy policy. Kindly read our privacy policy which is always available on our platform. By accessing and using Labaiik platform, you agree to all the provisions set in our privacy policy.


11. Other Terms

11.1 Accessing Our Platform

Subjected to these Terms of Use, you can access our application whenever you want. However, such access may be partially, temporarily, or even permanently restricted from time to time for various reason, for example, due to maintenance and updates to our application, or for your violation of our terms and conditions.

Notwithstanding anything provided anywhere in these Terms of Use, Labaiik reserve the right to withdraw or restrict your access to our platform without any prior notice.

11.2 Permissible Use

We allow the use of our platform only for actions permissible under law. The term ‘permissible under law’ here mainly stands for the usage that does not infringe any applicable local, national or international laws or regulations.

You are not permitted to use our platform in any manner that may harm its regular operations including but not limited to reverse-engineering, code alterations and extractions, virus or trojan injections, account creation through automated means (using bots), or attempts of hacking.

Any effort to gain access to Labaiik through any unauthorized means shall be considered as causing damage to our platform and will result in immediate termination of the account followed by proper legal actions, including but not limited to, claim for damages and for reimbursement of all legal, administrative and other costs, and reporting such actions to law enforcement agencies.

11.3 Intellectual Property Rights

All intellectual property rights related to our application and website are either owned by us or licensed to us and therefore protected by applicable local and international laws. You agree not to copy, reproduce, republish, download, post, broadcast, transmit and use any content from our application.

Labaiik shall be entitled to be defended and indemnified from and against any damages, expenses, liability and losses arising from or in connection with your access and use of our services and also the breach of our terms.

11.4 Liability

Our goal is to provide you with a hassle free and uninterrupted user experience on our platform. However, if you experience any disruptions in the functioning of our platform for any technical reasons or errors, we shall not be held liable for that. If you face any such disruptions, please feel free to contact us and we will be happy to fix it as soon as practically possible.

Labaiik is only a facilitator of transactions taking place between the Buyers and the Sellers on its platform. Labaiik is not a Seller itself and therefore does not bear any liability or responsibility regarding any purchased items from the Sellers. In case of a Buyer having any grievance against a Seller or any complaint regarding the purchased items, Labaiik may help in coordinating between the parties in order to reach a solution, however, if the Buyer’s grievance is not redressed or a solution or settlement is not reached, Labaiik shall bear no responsibility and all such liability shall be upon the Seller as per the applicable laws.

11.5 Third Party Links

For the purpose of information and convenience of the users, our platform may contain some links to third-party resources. Labaiik is not the controller of such links and resources and therefore accepts no responsivity of whatsoever nature in this regard.

11.6 Acceptance

By accessing and using Labaiik platform, you agree to these Terms of Use. If you haven't reached the age where you can provide a valid consent for a legally binding contract as per the applicable laws and you still want to use our platform or services, your parents or guardians agree to our Terms of Use on your behalf.

11.7 Jurisdiction and Applicable Law

These Terms of Use, our Privacy Policy, our all legal documents and our relationship with you (hereinafter individually or collectively referred to as the “Legal Arrangements”) shall be governed by and be construed in accordance with the laws of the United Arab Emirates as applicable in the Emirate of Abu Dhabi.

In case you want to raise a dispute with us out of or in connection with the Legal Arrangements, you shall raise such dispute first with our customer care team and we shall try to resolve it in an amicable way. If such dispute is not resolved within 90 days from the date you raise it with us, you can refer the dispute to the UAE courts of relevant jurisdiction located only in the Emirate of Abu Dhabi.

In case we want to raise a dispute with you out of or in connection with the Legal Arrangements, we shall in our own discretion first raise such dispute with you directly in order to reach an amicable solution. If such dispute is not resolved within 30 days from the date on which we raised it with you, we can refer it to the UAE courts of relevant jurisdiction. We may, in our own discretion, directly refer the dispute to the UAE courts without raising it with you first for amicable solution.