2. Purpose

Our objective is to link you to the restaurants we partner with (“Partner Restaurants") and allow you to order Items for delivery (our “Service”). Where you order from a Partner Restaurant, Yalah acts as an agent or intermediatory on behalf of our Partner Restaurant to fulfil & deliver the order from our application and to manage your experience throughout the order to your door step. Once you have placed an order, your Items will be delivered to you by Yalah (“Yalah Delivery”) or our Partner Restaurant (“Partner Delivery) (each a “Delivery”) depending on the Partner Restaurant you have selected. In some cases, the Partner Restaurant may be owned by or affiliated with us. We strive to offer you the best deal, discounts, offers & cashbacks. We may offer you with loyalty cash back in your Yalah wallet on every transaction. Please note that the percentage of cashback & discount may differ for each Partner Restaurant. 

3. Your Account

Before you can place orders for Items using our Application, you need to sign up/ register / create a Yalah account. While signing up & creating an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. You are solely responsible for maintain secrecy and privacy of your passwords & in case any another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer. Yalah provides you with an exclusive service or facility to register and create an account on our app with your regional or international number. However, please note that such facility may be restricted to certain nations & hence may not necessarily cover your international number. 

You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating riders, or any other good reason). We may take above actions on our own discretion & without any prior notice or taking prior approval from you or on your behalf. If we close your account permanently, we will refund any remaining account credit you have validly obtained from our customer service team or application following any issue by applying a credit to your registered credit or debit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

4. Service Availability

Each Partner Restaurant has a prescribed delivery area. This delivery area may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach your door at their best. Our Partner Restaurants each decide their own operating hours. That means that the availability of our Service, and the range of Partner Restaurants from which you can order, depends on the timing schedule & availability of the Partner Restaurants in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Partner Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.

5. Acceptable Use

You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as mentioned in below given clauses. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

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6. Orders

When you place an order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time.

Unfortunately, despite our, and our Partner Restaurant’s best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 20 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).

We will attempt delivery at the address you provide to us when you place your order. You are responsible to ensure you have included an accurate pin to ensure your Items reach you. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.

You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):  

• You do not come to the door;
• Did not pick up the phone when the driver contacted you using the contact information you have provided us; and/or
• You picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.
  

7. Delivery

When you place an order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, However, we will attempt delivery as soon as possible; you shall be responsible for your available at your mentioned location to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery at least fifteen minutes before and fifteen minutes after that time.

Unfortunately, despite our, and our Partner Restaurant’s best efforts, things may not always go as in accordance to our plan and certain unforeseen factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 20 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).

We will attempt delivery at the address you provide to us when you place your order. You are responsible to ensure you have included an accurate pin to ensure your Items reach you. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the order has been dispatched by our driver, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the order has been dispatched by the driver you will also be charged for delivery.

You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):   

• You do not come to the door;
• Did not pick up the phone when the driver contacted you using the contact information you have provided us; and/or
• You picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.

Further, it is to bring to your kind notice that we will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

8. Your Rights If Something Is Wrong With Our Items

You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the items that have been delivered do not comply with these legal rights, please let us know. We may request a photographs showing the problem if it is something that can be seen by inspecting the Items and/or a short-written description explaining the details of the problem with the delivered order. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.

Prior to processing your refund or account credit, we may take into account relevant factors including but not limited to the details of the order, including your account history, what happened on delivery and information from the Partner Restaurant. Refunds will be done only through the Original Mode of Payment.

9. Age Restricted Products

Minors under the age of 18 are prohibited to register as a user of this website and are not allowed to transact or use the website. Age restricted products can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Yalah operates the Challenge 25 age verification policy whereby customers who look under aged 25 will be asked by the delivery driver to provide proof that they are aged 18 or over. The driver may refuse to deliver any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.

10. Cancellation

You may cancel an order without charge at any time before the Restaurant Partner has started preparing the food (a “Started Order”). If you wish to cancel an order before it becomes a Started Order, please contact us immediately, via our Application. If the Partner Restaurant confirms the order was not a Started Order, we will refund your payment (excluding any discount, or Voucher that was applied to the order - see Voucher and Account Credit Terms  for more detail). If you cancel any order after it becomes a “Started Order”, you will be charged the full price for the Items, and if the driver has dispatched your order, you will also be charged for delivery. For any order requested on a cash payment on delivery (“COD”) basis, such order may not be cancelled after it becomes a Started Order and will be charged and delivered to you.

Yalah and the Partner Restaurant may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us or the Partner Restaurant, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also apply credit to your account to reflect the inconvenience if caused due to any fault on our end.

11. Prices, Payments & Offers

Prices include VAT. You hereby confirm that you are using our Service for personal & non-commercial use.  Yalah may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Partner Restaurants. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services. You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. You are responsible for updating yourself with such changes in the prices notified and displayed on the checkout page. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake, we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid.  Where Yalah or any Partner Restaurants make a delivery, we or the Partner Restaurant may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.

The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable Service Fees and taxes.

Payment for all items and deliveries can be made on our Application by cash, credit, debit card, Yalah Wallet or other payment method made available by Yalah. If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must retain a copy of transaction records and Merchant policies and rules. We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currencies). Please note that Multiple transactions may result in multiple postings to the cardholder’s monthly statement

Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment (in respect of all payments made by credit or debit cards). Payment is made directly to Yalah acting as agent on behalf of the Partner Restaurant only. Payment may also be made by using vouchers or account credit. Use of these is subject to Yalah’s Voucher and Account Credit Terms.

Where COD is possible, this will be made clear on our Application before you place your order. Only cash payments will be accepted when an Order is to be delivered under the COD facility. We will not be authorised to accept cheques, yalah credits, vouchers, card payments or any other form of payment (including credit or debit cards) once an Order is requested through the COD payment on our Service. Drivers will only carry a small amount of change, so for all COD payments you are requested to prepare exact payment or as close to it as possible for the Order (as you may not receive change back).

We are authorised by our Partner Restaurants to accept payment on their behalf and payment of the price of any Items or delivery charges made to us will fulfil your obligation to pay the price to the Partner Restaurant. In limited instances, where you have selected a Partner Restaurant that offers Partner Delivery, you can also make your payment in cash directly to the Partner Restaurant by paying the Partner Delivery driver at the time of delivery.

Partner Restaurants sometimes make special offers available through our Application. These are visible when you look at a Partner Restaurant menu. These offers are at the discretion of the Partner Restaurants. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time without any prior notice to you, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.

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12. Tips

When Placing Your Order:

When you place an order, you will have the option to pay a tip to your rider or the restaurant, in addition to the purchase price of the Items in your order. Any payment will be collected by Yalah using the payment method used for the original order and your rider or the restaurant will receive 100% of any payment you choose to make. We do not insist or recommend you to pay the tip either in cash or otherwise to the driver or restaurant directly or in person. It is always advisable to pay a tip to the restaurant or rider through the options available on Yalah app. 

 After You’ve Received Your Order:

Once you’ve received your order, you may receive a notification giving you the chance to pay a tip to your rider. Yalah will collect payment on behalf of the rider, as their limited payment collection agent, and payment of the tips shall be considered a direct payment from you to the rider. We may share your first name with your rider when we notify them of the tip. Your rider will receive 100% of any payment you choose to make. As this payment is made after you receive your order, this payment is non-refundable and does not form part of your order. Depending on the payment method used for your original order, your tip may show up on your bank/credit card statement as a separate payment.

13. Our Responsibility for Loss or Damage That You Suffer

We are not responsible for any loss or damage that is not foreseeable. Loss or damage is “foreseeable” if it is either obvious that it will happen, or if you told us that it might happen, for example if you tell us about particular circumstances that might increase the loss or damage arising from our breach of these Terms before you place an order.

We do not exclude or limit our responsibility to you for loss or damage where it would be unlawful to do so. This may include any responsibility for death or personal injury caused by our failure, or our employees’, agents’ or subcontractors’ failure, to use reasonable care and skill; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Items, as summarised at part 7 above. Please note that if above mentioned loss or damage is caused due to irresponsible behaviour of any third party which may or may not be associated with us, than under such circumstances we cannot be held liable for such damage or loss. Subject to the previous paragraph, we are not responsible for any loss or damage that you suffer as a result of your own breach of these Terms, or as a result of any IT hardware or software failure other than a failure in our Applications.  

14. Interactive Features Of Our Site

We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms.Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 15. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

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15. Content Standards

These content standards apply to any and all material which you contribute to our Service (the "Contributions"),and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the United Arab Emirates and in any country from which they are posted. Contributions must not:

· Contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

· Infringe any copyright, database right or trademark of any other person;

· Be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;

· Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

· Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or

· Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

16. Data Protection

We process your personal data in accordance with our Privacy Policy which can be found on our website and application.

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17. Suspension And Termination

Failure to comply with section 5 (Acceptable Use)and/or 15 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

· Immediate, temporary or permanent withdrawal of your right to use our Service;

· Immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;

· Issuing of a warning to you;

· Legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

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18. Intellectual Property Rights

We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

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19. Reliance On Information Posted

Commentary and other materials posted on ourService are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

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20. Our Site And Our Service Change Regularly

We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

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21. Our Liability

We have taken every care in the preparation of ourSite and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on ourSite or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

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22. Information About You And Your Visits To Our Site And Use Of Our Service

We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.

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23. Uploading Material To Our Site And Our Service

Any material you upload to our Service or data that we collect as set out above (section 22) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

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24. Links From Our Site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

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25. Other Terms

If either we or you have any right to enforce theseTerms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.  If a court or other authority decides that any part of theseTerms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.

We may change these Terms from time to time. If we make any changes which affect your rights in relation to ourService, we may notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by the law of the Dubai International Financial Centre, Dubai, UnitedArab Emirates (the “DIFC”) and you can bring legal proceedings in relation to our Service in the courts of the DIFC.

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26. Jurisdiction And Applicable Law

The courts in the Dubai International Financial Centre, Dubai, United Arab Emirates (the "DIFC") will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the UAE

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27. Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

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28. Your Concerns

If you have any concerns about material which appears on our Service, please contact us at Email: hello@yalah.co

(or)

 Address: Yalah App DMCC, Unit No: RET-R6-167, Detached Retail R6, Plot No: JLT-PH2-RET-R6, Jumeriah Lake Towers, Dubai, UAE.

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