Terms & Conditions
Last Update in 07/01/2024Terms and Conditions for the Barakah Platform Use Agreement
Introduction: Welcome to the (Barakah) platform, and thank you for your visit. We inform you that these terms and conditions are legally binding for the Platform's users. By accessing or using the application, you agree to these Terms and Conditions and the User Agreement; therefore, please review these Terms and Conditions and the User Agreement before performing any purchase process as they clarify the obligations and rights arising from the use of the Platform.
(Barakah) is the electronic portal and registered trademark. The owner of the trademark and the application is Barakah Sustainability for Information Technology Company, which will be referred to in these Terms and Conditions of use by the following terms: "Barakah", "Platform", "We", "Our", or "Us". We provide Platform users with services that facilitate the process of connecting suppliers with users through the subscription of all relevant parties in the application. It aims to sell surplus food at restaurants, cafes, and other products displayed in the application. You are referred to as a user of the Platform by the terms "You", "Your", or "Yours". Accordingly, you acknowledge that your use of this Platform for any reason is subject to these Terms and Conditions of use.
Definitions: For the purposes of these Terms and Conditions, the following terms shall have the meanings set forth below:
The Application: Barakah Company in the Kingdom of Saudi Arabia, referred to herein as "Barakah", "Platform", or "We".
The Client: Every natural person who creates an account or uses the services available within the Barakah application.
The Service: All product display services, order receiving, and delivery process processing provided by the Barakah application.
Delivery: The process of transporting and delivering products or goods from the merchant to the client via the delivery team approved by Barakah.
The Merchant: Restaurants and food stores participating in displaying surplus food products, and any party providing products via the Barakah application.
Products: Food products offered for sale from surplus food at restaurants, or other products displayed in the application according to the quantities and varieties available at the time of order.
Order: Every purchase process performed by the client via the application.
Information about the Platform: Through (Barakah), you can purchase surplus food available in restaurants, cafes, bakeries, etc., in addition to other products (flowers, roses, etc.) according to the offers appearing on the Platform. The user account on the Barakah platform allows access to available offers near the user's current geographicallocation. The account also allows viewing current and previous orders and the possibility of modifying user data. Upon entering the Platform, you will find all offers provided by merchants and suppliers. Note that all merchants and suppliers are listed according to their geographical location and distance from the user; this feature appears only when you allow location sharing with the Barakah platform.
Registration on the Platform:
You can subscribe to the (Barakah) application for free by registering as a new user. To use the Platform, you must register and create an account that includes a mobile number, noting that any account registered is a personal and exclusive account for you and is not transferable to any third party.
You must provide true and accurate information to complete the order procedures, including but not limited to: (Name, Mobile Number, Delivery Address, Credit Card or Payment details).
By registering and using the Platform, you undertake to update your personal information and acknowledge your responsibility for maintaining the confidentiality of your account. You agree to accept responsibility for all activities that occur under your account. Therefore, you must maintain full confidentiality of the username and password. You undertake to bear all risks resulting from any unauthorized access to your account and acknowledge your full responsibility for all operations performed via your account, whether performed with or without your knowledge. You discharge (Barakah) from any losses resulting from account misuse or hacking due to negligence in preserving login data.
We reserve the right to refuse to provide the service, restrict access, temporarily suspend accounts, permanently terminate accounts, or cancel orders at any time at our discretion and without prior notice.
Application’s Use of Your Personal Data: Barakah application collects only the data necessary to provide the service, including name, mobile number, email, address, and order history for the following purposes: verifying the client's account, providing the service, communicating regarding orders or feedback, improving service quality and user experience, sending offers upon client consent, and internal statistical purposes for application development. (Barakah) is committed to not sharing data with any third party except when necessary and for service execution purposes (such as payment or delivery companies) in accordance with applicable regulations.
Application Workflow: The order process is carried out according to the following steps: (Barakah) displays the merchants' products within the application, the client selects the appropriate basket and sends the order, then the client determines the appropriate payment method. Accordingly, the Barakah team manages and follows up on the order until verifying the preparation process from the store or delivery and distribution to the client's location according to the specified address.
Scope and Nature of Service: The application is a technical intermediary to connect the user with participating restaurants to purchase surplus food at discounted prices. The displayed products are subject to actual availability at the restaurant, and quantities or varieties may vary based on what is available. The application is not considered a seller or producer of food; therefore, the user acknowledges their knowledge and understanding of the nature of the products displayed on the platform.
Authorities and Responsibilities Arising from Registration in (Barakah):
The application can use the information you provided to conduct appropriate reviews that facilitate your use of the application in terms of location and preferences. The agency concerned with this matter may keep a record of that information. If your personal information changes, it must be updated via the application.
The Platform has the right to make any change to these Terms and Conditions of use from time to time. Your continued access to the Platform is considered approval of these changes. Any of these changes will be considered effective as soon as they are posted on the Platform. Therefore, you must review the Terms and Conditions periodically. We, in turn, will seek to inform you of updates. In case of continued use after making any change, you agree to abide by the terms in their new form.
No client may use one email or one mobile number to open more than one account.
The user is committed to maintaining the confidentiality of information related to their account and secret password and determining the persons allowed to access and use (Barakah). The user alone is responsible for any loss that may befall them directly or indirectly, morally or materially, as a result of disclosing username or password information.
The user is committed to immediately informing (Barakah) in the event of any illegal use or any breach of their account. In the event of not informing the application immediately of any illegal use, (Barakah) does not assume any responsibility.
The user acknowledges that all information they disclosed is true, correct, up-to-date, complete, and matches what is required in the registration portal of (Barakah).
The user is committed not to impersonate a person or entity or use a false name or a name they are prohibited from using.
In case of disclosing information that is untrue, incorrect, not current, incomplete, or violates the User Agreement, (Barakah) disclaims responsibility for any compensations or damages.
(Barakah) does not assume responsibility for guaranteeing the quality of products, their value, or their qualitative specifications. Rather, that responsibility lies with the consumer alone. By registering in and using the Barakah application, you undertake your knowledge that the goal is to utilize surplus products which may be affected by weather conditions and others.
(Barakah) does not guarantee the specifications of users in terms of their credibility or identities.
The application is not committed to guaranteeing a specific level of security for the electronic links displayed on the site pages as advertisements.
(Barakah) is not committed to bearing any losses resulting from force majeure or through third-party intervention.
The application is not committed to guaranteeing the completion of deals between merchants and consumers.
(Barakah) does not guarantee in any way the quality of any food or products in terms of their quality, and will not be responsible for any food or services provided by restaurants or cafes that are unhealthy, cause injury, or are unacceptable to consumers.
Barakah has the right, without giving reasons, to suspend or stop any user's access to the application if it deems that their behavior violates the rules or abuses the service.
Purchase and Sale Process: When you perform a purchase process via the application, you agree to purchase a product for the displayed amount subject to these terms. The merchant can receive purchase orders from consumers, prepare them, and send them via the merchant's own delivery employees or those approved by the application or other shipping companies. The consumer can also order from restaurants and cafes, whether by receiving it from the merchant's location, delivery to the consumer's location, or ordering from within the merchant's premises.
Prices and Payment:
Prices shown in the application are final and inclusive of applicable fees and taxes, unless otherwise stated.
Payment is made through approved electronic payment methods in the application.
The order is not considered confirmed until the payment process is completed and an order confirmation notification appears.
Applying for Purchase: The (Barakah) application does not intervene in any way in the production, manufacturing, or preparation of any food or commodity available on the application. What this marketplace provides to users is only the possibility of searching and finding local and international restaurants participating in the site, which provide and deliver orders to their addresses and order through it, according to the exclusive features and offers provided to (Barakah). These restaurants are solely responsible for compliance with the laws, regulations, systems, standards, and criteria applied in the country, such as those related to the preparation, manufacturing, sale, marketing, and safety of food. Subscribers must review the information provided by the restaurants on the site in terms of quality, as well as their commitment to applicable laws and regulations.
Subscribers are solely responsible for ensuring the correctness of delivery addresses, and (Barakah) shall have no obligation or responsibility for any wrong addresses. Note that (Barakah) will take all possible means it can to meet the specified delivery time. However, delivery time may be affected by factors beyond its control and therefore cannot be guaranteed (e.g., peak times, holidays and national occasions, vacations, etc.). You can add addresses of friends or family to send products to them upon your request.
Order Management: All orders are made through the application, and the Barakah team handles the execution and management of the order according to the policies and terms contained in this agreement. All transactions are subject to the laws in force in the Kingdom of Saudi Arabia. The final order cost appears in detail, including products, quantity, and any delivery fees upon finishing the order selection procedure in the application. After completing the payment process, the order will be rejected or confirmed and the procedures for its preparation by the store will begin.
Barakah Basket Order: In application of the concept of preserving grace and due to the nature of the availability of surplus products at specific times, stores form certain packages called (Barakah Basket). These are reserved through the Platform with exclusive offers for the Platform and specific pickup times from the store that appear upon ordering. (Barakah Basket) is a group of different products selected by the store according to what it has available. The Barakah Basket is reserved by the user by giving authority to the store to prepare its own basket according to the description mentioned on the Platform, in terms of varieties, offer duration, validity, and pickup time.
Monthly Competitions Terms and Conditions: To participate, you must join the challenge and complete eligible orders. The application grants rewards according to the application's internal policy.
Flower and Rose Products:
All flowers displayed via the application are part of surplus production. Their shape, size, stem length, or color may vary slightly from the images displayed. Also, some leaves or stems may be weak or have minor spots; this is natural in fresh flowers.
The nature of flowers is perishable, and their expected lifespan after receipt may vary depending on the type of flower and storage and transport conditions.
In case a certain variety runs out, it may be replaced with another similar variety, or the requested quantity may be reduced if the surplus is not sufficient to fully meet the order.
Flowers may be subject to some folds or bends in the leaves or stems during transport, and this is not considered a defect in the product.
Client receipt of the order means approval of the flowers as they are, and there is no right to claim a problem related to the quality of the flowers after three hours have passed from receipt.
Please provide clear photos when any defect or damage exists within the specified period.
Order Receipt Policy: First: Order Pickup from the Store
The user can receive products purchased on the Platform by going to the same store and branch that was selected.
The user can pick up the order at the store by showing the order number registered in the user's application.
No amount is refunded in case of delay in receiving the order after the pickup times specified on the Platform.
The user is committed to receiving the order according to the time displayed on the application upon purchase. This shall be during the store's working hours, except for the Barakah Basket product, where pickup times specified for the Barakah Basket on the Platform must be adhered to.
In case the user is late in receiving the order beyond the specified times, the store may be closed and/or the product may be unavailable; thus, the user has no right to claim compensation.
Second: Delivery Service:
If delivery service is added to the order by the user, the product will be delivered to the address specified by you in the application. Correctness of address and contact number must be ensured.
Scheduled delivery service is available at different intervals during the day, determined by the client, and received within the scope of the selected period.
The user is committed to being available from the time of completing order procedures until product delivery, and allows access to them via the phone number registered on the Barakah platform. In case of no response to the store and/or driver for more than five minutes, the Barakah platform has the right to dispose of the order and cannot be claimed for compensation.
If the user chooses order delivery, prices may change according to the distance between the store and the receipt point.
If the delivery address is difficult to access or in a private or restricted area, the user must be present in the nearest area available for the driver's access or facilitate entry for them to deliver the order.
Delivery and supply services are provided via others (third party) of contractors separately with the Platform.
Delivery time is estimated and may vary according to circumstances. Accordingly, the application does not bear responsibility for delay resulting from congestion/weather conditions, address error, or user lack of response.
If the mobile number or location is changed after completing the order, the client's right to compensation for the resulting effect is forfeited, whether by canceling or returning the order.
Complaints, Cancellation, and Refund Policy:
The client has the right to complain regarding product quality or shortage of requested products within one hour of receiving the order, with the necessity of attaching photos proving the validity of their complaint.
In case of approval to replace displayed products with other products available with the merchant, the user thereby discharges the application's responsibility for either quality or shortage.
Inability to cancel or refund the order after payment confirmation, except in case of fundamental problems in the product. For example: damage or spoilage of food due to the merchant or delivery companies. The client will be compensated in the wallet after verifying the report's validity, provided the reason is reported within one hour of receiving the order.
The user is committed to submitting the refund request by contacting the customer service team via the means available on the Platform within one hour of receiving the order. This is to enable the team to review and process the refund request. In case of delay beyond the mentioned period, their right to refund is forfeited, and (Barakah) disclaims its responsibility for any obligations toward this order.
As an exception to what is mentioned in the cancellation and refund policy clause, the user and/or merchant has the right to cancel the Barakah Basket order up to one hour before the start of the pickup time mentioned upon ordering. Neither party has the right to cancel the order thereafter.
In all cases where the client has the right to cancel or refund the order meeting the mentioned conditions, as well as if the merchant is unable to prepare the order for reasons pertaining to them, the compensation due consists of the order value and is automatically deposited into the client's wallet in the application, and is valid for use for subsequent orders.
Fees and Payment Methods:
Order prices on the Platform update dynamically, based on products selected by the user and the delivery address.
Orders are processed after the client pays the order value via available payment methods in the application.
The application may use a third party to process electronic payment operations; the client bears responsibility for the correctness of entered payment data.
Additional fees may be imposed by payment service providers, and Barakah is not responsible for them.
Barakah has the right to update payment data in coordination with the collection service provider when needed.
Prices are subject to Value Added Tax (VAT) according to Saudi regulations.
Payment is made through the Platform according to the order statement. To provide secure payment services, we provide the user with independent third-party electronic payment service providers authorized to provide electronic payment gateways.
The user acknowledges their full financial and/or legal responsibility toward the Platform that may result from their use of credit cards and/or Mastercard and/or others not owned by them and/or not authorized to use, or expired, and/or of unknown source, and/or lost and/or stolen.
Account Suspension and Suspension: The application has the right to suspend or delete the user's account without prior notice in the following cases:
Providing misleading or incorrect information.
Misusing the service or causing damage to restaurants or stores.
Violating any of the terms of this agreement or any applicable regulations.
Posting negative comments unfairly, or using words or methods contrary to morals and public taste.
Wallet Balance:
Wallet balance can be used in all services available on the application, whether paying order value or purchasing coupons, etc..
Wallet balance is topped up using payment methods available on the Platform. The validity period for using this balance is one year from the top-up date.
Balance can be added to the wallet via the Platform due to compensations, rewards, and/or refunds, etc.. The validity period of this balance is one hundred and eighty days from the date of addition.
In case of not using the balance available in the wallet during the specified validity periods according to its nature, the Platform has the right to deduct it, and the client has no right to claim it after this period.
Monthly rewards and cashback vouchers added to the wallet last for five days. Calculation of the period begins from the time the amount is added to your wallet; it is not affected by the last addition date, and each amount is treated separately.
Wallet balance cannot be refunded in cash or any other form, as the balance in the wallet is considered a purchase voucher.
Force Majeure: In case of delay or non-execution of obligations under your use of the Platform for any reason beyond control which falls under the force majeure or emergency circumstances clause, the Platform does not bear any responsibility that subsequently follows. We will try to communicate with Platform users to avoid resulting damages.
Limitation of Liability: The application is not responsible for product quality, changes in its state or validity, or any health damages resulting from food allergies not declared by the merchant or user. Likewise, it does not bear responsibility for any losses resulting from application misuse. The application's responsibility in case the order is unavailable is limited to returning the purchase amount only.
User Responsibility:
Ensuring the correctness of personal data and delivery data and entering them accurately.
Reviewing order details before completing the payment process.
Not misusing the application or using it in a way contrary to regulations or public morals.
Not creating fake accounts or performing non-serious orders.
Intellectual Property Rights: The Platform and its contents of images, logos, designs, texts, visual identity, software, databases, names, and registered or unregistered trademarks are the individual and exclusive property of the Platform. No entity or individual has the right to use them in any way. Ownership of the Platform and all rights related thereto remain the private property of Barakah Sustainability for Information Technology Company. This agreement does not grant any license, rights, or additional benefits not mentioned to the user.
Illegal Behavior and Violations:
Using the application for any fraudulent activity.
Creating fake orders or using stolen cards.
Negative comments or negative evaluation on application stores, Google Maps, or written or voice communication with the company. Accordingly, the application has the right to take necessary measures, including: account suspension, informing competent authorities, and claiming compensation.
External Links: The Platform may include advertisements with external links on separate web pages. After clicking on or entering these external sites, you will leave the Platform. We do not investigate, review, endorse, guarantee, or control the content of any external sites. External sites can also send their own cookies, collect data, or solicit personal information from you. In these cases, the user alone is fully responsible for verifying the external sites and the effects or damages resulting from entering them.
Disclaimer:
Although we seek to ensure that information mentioned on the Platform is current, accurate, and up-to-date at the date of publication; however, the Platform assumes no responsibility for any errors or omissions in the Platform's content or any matter related to the services provided toward the user.
The Platform may make any changes to content, materials, or services without prior notice. We are under no obligation to update any content, material, or service on the Platform, nor do we provide any guarantees, whether express or implied, to you or others through use of the Platform.
The Platform reserves the right at all times to disclose any information provided by the user through the Platform to legal representatives or any regulatory authority in the Kingdom of Saudi Arabia.
Everything published by the Platform user is subject to Saudi systems and regulations, and the user bears responsibility for any data published by them.
Barakah services are provided "as is" without any express or implied guarantees. Barakah assumes no responsibility for direct or indirect damages, such as loss of profits or others, resulting from the client's misuse of the service, or due to technical malfunctions beyond control.
Drivers and suppliers are independent contractors and not agents or employees of the Platform. Accordingly, the Platform assumes no responsibility for any actions, representations, guarantees, violations, or negligence by these contractors. Your evaluations or complaints will be taken into consideration, and we will take necessary precautions on our part.
Services are provided as mentioned in the Terms and Conditions agreement and/or what is mentioned in the Platform interface. The Platform provides no express or implied guarantees for performance resulting from use of the Platform, including but not limited to: quality or suitability for any specific purpose, integration, non-penetration, or loss and forfeit of data. The Platform also disclaims responsibility for any loss or damage to the user or any subcontractor with the user due to a reason arising from using the service.
Compensation and Waivers:
You agree as a user to compensate us for any loss, injury, claim, lawsuits, or damage, whether direct, indirect, consequential, punitive costs or obligations, expenses, damages, or otherwise that we may be exposed to through your use of this Platform and/or services from any external service providers in case you exceed the Terms and Conditions.
Pursuant to these terms and conditions of use, the user waives any claim arising against us and/or our representatives and/or our shareholders and/or our partners, arising from your use, access, interruption of the Platform, or inability to use or access the Platform.
The client agrees to compensate Barakah and its employees for any claims, losses, or costs arising from the client's violation of these terms or misuse of the application.
The Barakah application has the right to hold accountable any client who defames the application's reputation or comments with any bad comment against the application via social media.
Notices and Handling of Complaints:
The user acknowledges the approved means of communication and/or notification via email, mobile phone, or any of their data registered on the Platform, and this notification is considered effective.
In case of notifications or complaints regarding Barakah platform services, contact is made with us via email: [email protected]
To ensure transparency, in case of any complaints related to prices, please email us at: [email protected]
The email registered in the client's account is considered the official means of communication, and any notices sent to this email are deemed received as soon as they are sent.
Applicable Systems and Jurisdictional Competence:
If any part of the terms is legally proven to be unenforceable or invalid, that part shall be considered deleted, and the rest of the terms will remain effective under applicable regulations.
If any provision of these terms is considered unenforceable, that does not affect the validity of other provisions.
By simply using the Platform, you expressly agree to the Terms and Conditions. Any dispute arising from your use of the Barakah platform is subject to the exclusive jurisdiction of the courts in Jeddah in the Kingdom of Saudi Arabia.
Barakah has the right to transfer or assign any of its rights and obligations to any third party without the need for client consent.
Governing Language: The Arabic language is the approved legal reference. In the event of any discrepancy in the English translation, the Arabic text shall prevail.