Terms and Conditions

Ratification of the Agreement

* To be a member of the website of Talabat.com, first of all it is required that you fill in the registration form and then agree and undertake to comply with the provisions of the user agreement for Talabat.com. By filling in and ratifying the registration form or getting any services or ordering a meal using this system, the user agrees to be bound by the user agreement of Talabat.com.
* You are responsible for making all arrangements necessary for you to have access to the website. You are also responsible for ensuring that all persons who access the website through your Internet connection are aware of these website terms and that they comply with them. By viewing, using, accessing, browsing, or submitting any content or material on the site, you agree to these Terms of Use as a binding legal agreement between you and Talabat.com, without limitation or qualification. The term "you" or "You" shall refer to any person or entity, who views, uses, accesses, browses or submits any content or material to the site. If you do not agree to these Terms of Use, then you may not use the site. Talabat.com reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the sites shall be subject to the then-current Terms of Use, and continued use of the site now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
The terms and conditions apply to Talabat.com website and its associated applications on iPhone, iPad, Android, and mobile site platforms

Description of the Services

Talabat.com allows its members who ratify the agreement to order from shops online.
Talabat.com provides a way for you to communicate your orders to delivery shops displayed on this website.
The purpose of this site is to provide a simple and convenient service to consumers, linking them to shops in their area that offer takeaway food. Interactive menus allow customers to build and submit orders at the click of a button.
We have created the website to serve as a food court online market. Talabat.com is a commercial service for food delivery online.
Talabat.com does not sell or interfere in any way in the production of any food produced at the shops. But what this online market offers to the users is only providing the ability to search for and find local shops that deliver or make food available to their addresses and enables ordering this food through this website. The shops are obligated to comply with country local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety.

However, it is important for users to understand that Talabat.com does not in any way independently verify the credentials, representations or products of shops, the ingredients or the quality of any products, or that a shop is in compliance with applicable laws. Buyers must make themselves comfortable through information provided by shops on the website or as requested by buyers directly from the shops as to the quality and reliability of the shops, as well as to their compliance with applicable laws.
Talabat.com does not in any way guaranty the quality of any food or that any food complies with applicable laws and does not guarantee matching the menu displayed on the site of what is actually provided to the users.
In addition, a shop may represent that food preparation is in accordance with special standards such as "organic," "macrobiotic" or allergen-specific standards such as "nut-free", "gluten-free", or "lactose-free". However, Talabat.com does not independently investigate or verify such representations.
Talabat.com shall not be liable or responsible for any food or services offered by shops that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner.
Buyers are solely responsible for verifying the accuracy of delivery addresses, and Talabat.com shall have no liability or responsibility for any such erroneous addresses. All food preparation and deliveries are the sole responsibility of the shop accepting the order. Please be aware that the shop will do everything they can to meet the delivery time specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.

How to make an order and how it is processed

Once you have selected your order from the menu of your chosen Delivery shop you will be given the opportunity to submit your order by clicking on “Checkout” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “Checkout” button since once you click on this input errors cannot be corrected. On receipt of your order, Talabat.com will begin processing your order and we will send a message on the final page that your order has been received and sent successfully to the shop. Where any payment you make is not authorized you will be returned to the previous page on the website and we shall not be obliged to provide the services.

Order Cancellation

You have the right to cancel an order up to 5 minutes from placing the order on our website.
While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.

An order may be subsequently cancelled by a shop after you have received a confirmation that it has been sent to the shop. Talabat.com and our partner shops reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.

Membership system for Talabat.com

Any member of Talabat.com has a “user name” and “password” which are determined by the member herself/himself. The "user name" is personal to the member and the same “user name” is not given to two different members. The “password” is only known by the user. The user can change the password at any time. It is solely under the responsibility of the user to select and protect the password. Talabat.com is not liable for any problems, which may arise from the use of password. Talabat.com informs the user about the promotions, which take place in the user’s area and from which the user may benefit, by emails. Talabat.com does not share the user information with the third party companies – the phone number may be shared with the shop which deals with take-out foods, in order to provide a faster and correct delivery. For the user to connect to the services, which require a membership of Talabat.com, the user must enter the user name and password. This process is called “login” to Talabat.com.
By using this site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the site or by contacting us, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
Members' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.
You may not use the site for any unlawful or unauthorized purpose, including without limitation to:
Distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material
Transmitting material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
Interfering with any other persons use or enjoyment of the site.
Damaging, disabling or impairing the operation of this site or attempting to gain unauthorized access to this site or to networks connected to it, through hacking, spoofing or other such similar means.
We expect a device to hold one customer account only. We may allow service in such cases but we will not allow the use of promotions.

Responsibilities of the Member

During the use of the services of Talabat.com, the member accepts and undertakes:
The information in the registration form is correct; in the conditions that this information is required the member is the only responsible for any losses which may arise from any misinformation or inadequate information (ex. forgetting the password); and in these cases his/her membership may be terminated.
The member is the sole responsible for all personal ideas, opinions, statements set forth by the member while using the services of Talabat.com, all the files uploaded to Talabat.com and the personal information sent, and that in no way Talabat.com shall be held liable for these files, not to access any services provided in Talabat.com unauthorized and in any way other that the one identified by Talabat.com; not to change the software in any way; not to use the software which is identified as being changed; and to indemnify Talabat.com for all material and moral losses in the event the member does not comply with the aforementioned articles, Talabat.com shall not be responsible for any damages which may arise from reading of data belonging to any members by any unauthorized people, not to send any messages which are threatening, immoral, racially and contrary to the Laws of Kuwait and international agreements, any correspondences, titles, nicknames posted to the context shall not be contrary to the rules of public morality, good manners and laws, not to harass and/or threaten other users, or any of Talabat.com live chat personnel, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any amoral, inappropriate and unlawful materials and information which may give harm to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, engage in any activities such as survey, competition or chain letter, not to send any information or programs which may give harm to the information or software in the computers of other users,
All of the records or materials obtained by using the services of Talabat.com are within the consent of the user; the user shall be absolutely responsible for any damages, loss of information or other losses caused by them in the user’s computer; the user shall not demand any compensation for any losses arising from the use of the service, not to use the services of Talabat.com.com for any commercial and advertising purposes without obtaining the consent of Talabat.com
Talabat.com may monitor all system at any time or continuously.
Talabat.com may use its system for commercial purposes, not to mail any information which is forbidden legally and circulate any mails which do not have authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others, The member himself/herself is responsible for all kinds of acts made under the “username”, The clients must pay the service fee which is notified previously at the time of delivery of products; otherwise the products shall not be delivered to the clients. not to access the site or services using a third-party's account/registration without the express consent of the account holder; not to use the site for illegal purposes; not to commit any acts of infringement on the site or with respect to content on the site; not to use the site to engage in commercial activities apart from sanctioned use of Talabat services; not to copy any content, including, but not limited to shop menu content and third-party reviews, for republication in print or online; not to create shop reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the site; not to attempt to gain unauthorized access to other computer systems from or through the site; not to interfere with another person's use and enjoyment of the site or another entity's use and enjoyment of the site; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or

not to disrupt, interfere with, or otherwise harm or violate the security of the site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the site or affiliated or linked sites (including those of our shop partners).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the website.
Credit or Debit cards used in placing orders through the online payment gateway on Talabat.com website or applications must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.

Visitor material and conduct

Other than personally identifiable information, which is covered under the Talabat.com Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. Talabat.com will have no obligations with respect to such material. Talabat.com and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
You are prohibited from posting, uploading or transmitting to or from this website any material that:
Breaches any applicable local, national or international law;
Is unlawful or fraudulent.
Amounts to unauthorized advertising; or
Contains viruses or any other harmful programs.
You may not misuse the website (including by hacking).
Any comments or feedback that you submit through the website must not:
Contain any defamatory, obscene or offensive material;
Promote violence or discrimination;
Infringe the intellectual property rights of another person;
Breach any legal duty owed to a third party (such as a duty of confidence);
Promote illegal activity or invade another’s privacy;
Give the impression that they originate from us; or
Be used to impersonate another person or to misrepresent your affiliation with another person.
The prohibited acts listed in the above paragraphs are non-exhaustive. You will pay Talabat for all costs and damages which it incurs as a result of you breaching any of these restrictions.
Talabat will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of the above paragraph.

Prohibited Activities

You may not access or use the website for any other purpose other than that for which Talabat.com makes it available. The website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Talabat.com. In case of any prohibited activities committed by the user, the company has the right to suspend, block or terminate the user's membership and prevent his access to log in the service. Prohibited activities include but not limited to the following:
Criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
Advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Talabat.com;
Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Talabat.com;
Making any unauthorized use of the Talabat.com services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
Engaging in unauthorized framing of or linking to the website;
Transmitting chain letters or junk email to other users;
Using any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website;
Attempting to impersonate another user or person;
Using the username of another user;
Selling or otherwise transferring your profile;
Using any information obtained from the website in order to harass, abuse, or harm another person;
Using the Talabat.com service as part of any effort to compete with Talabat.com or to provide services as a service office;
Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the website;
Attempting to bypass any measures of the website designed to prevent or restrict access to the website, or any portion of the website;
Harassing, annoying, intimidating or threatening Talabat company through any medium of communication or to any of its employees or agents engaged in providing any part of Talabat Company services to you.
Displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
Deleting the copyright or other proprietary rights notice from any Contribution or Talabat.com Content; and
Using the website in a manner inconsistent with any and all applicable laws and regulations.
Any other suspected malicious activities on Talabat.com website or applications.

Authority of Talabat.com

Talabat.com may temporary suspend or completely cease the system operation at any time.
Talabat.com shall not have any responsibilities against the members of Talabat.com or any third parties due to the temporarily suspension or completely cessation of the system operation.
The user name and password shall be displayed and approved after the filling of the application parts to be submitted to the clients by Talabat.com. Talabat.com may prevent its clients who have filled in all parts or have connected although they have passwords from having a new password or from using their passwords for an indefinite period of time if it is deemed necessary by Talabat.com.
Talabat.com does not warrant that its services shall be provided on time in a secure and complete way, the results obtained from the services shall be correct and reliable, and that the service quality shall meet the expectations.
Talabat.com has the right to back-up and delete all or some of the files, messages which are provided by the members during the use of services for some periods deemed suitable by Talabat.com. Talabat.com shall not be held responsible for back-up and delete processes.
Talabat.com has the ownership and copyrights arising from the ownership of the information, documents, software, designs, graphics and etc. which are produced by itself and/or bought from outside.
The sales of Talabat.com are limited to the current availability of menus of the firms provided in Talabat.com. Talabat.com is not responsible for any item ordered and not delivered by the shop due to unavailability.
Talabat.com has right to post any information, documents, software, designs, graphics, etc. (such as the messages, poets, reports/news, file posted to the bulletin board) which are member generated and uploaded to the system by the members and/or to transmit them to another place within the site deemed as appropriate by Talabat.com. It is probable that this information is copied and/or posted by other users. In such cases, the users shall not demand any royalty from Talabat.com
The obligation to change the information in relation to the price and product specifications, which are provided to sell in Talabat.com, belongs to the companies which have cyber shops in Talabat.com. In the event of any misinformation relating to the price and specifications of products, Talabat.com may correct this mistake by cancelling the order.
Talabat.com may provide transition for a member to other websites. In this case, the member agrees that Talabat.com shall not be responsible for the context of the websites, which the member may access through its site.
Talabat.com may make any changes in the implementation of this agreement, and amend the existing articles or add new articles for the purpose of complying with any technical necessities and legislation which shall come into being in the future.
Talabat.com may change in time the services for which any membership is not required to a form, which requires membership. Talabat.com may provide addition services, change some of the services partially or completely, or transform into a paid service.
This site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

Talabat Go

“Talabat Go” service is a mediator between the customer and the shop. If you have placed an order from Talabat Go shops, then a service fee will apply, as this will ensure the best service will be provided by the shop handling your order on your behalf and delivering your order to the location of your choice.

Guidelines for Reviews

Reviews are approved based on the following criteria:

RELEVANCY
Reviewers must have had an experience with the shop firsthand.

ACCEPTABLE CONTENT

Talabat is not obligated to approve reviews on the site. A subset of the potential reasons for rejection are:

Offensive Language: Profanity, abusive, racist, and hate language is not tolerated in our interactive sections.
Irrelevant or non indicative content.
Discrimination based on the grounds of religion, race, gender, national origin, age, marital status or disability.
References to illegal activity or uncorrelated references towards society’s traditions and values.
Conflicts of interest: Competing shops are not allowed to post negative reviews. Violation of this might result in permanent removal from our Platform.
Allegations of health code violations.
Outdated and obsolete information.

NOT ENDORSED

Reviews are not endorsed by Talabat, and do not represent the views of Talabat, our parent companies, our subsidiaries. Talabat does not assume liability for any review or for any claims, liabilities or losses resulting from any use of our Platform, or information on our Platform.

OWNED BY TALABAT

Reviews are owned by Talabat exclusively in perpetuity. We have the right to reproduce, modify, translate, transmit, and/or distribute all materials relating to reviews. Talabat is under no obligation to pay the author or anyone else for their reviews.

Termination of agreement

Talabat may terminate the relationship arising from these Terms unilaterally at any time.

Restrictions for Non-Personal and Non-Commercial Use

You agree that the consequences of commercial use or re-publication of content or information of Talabat may lead to serious and incalculable monetary compensation that may not be a sufficient or appropriate remedy and that Talabat will be entitled to temporary and permanent injunctive relief to prohibit such use.

Product Delivery

During any product delivery made by shops, if the user is not available in the address specified in the system, the products ordered by the user shall not deliver to anywhere else. Within the framework of such a case, the member must accept all legal responsibilities arising from ordering a meal to an address where he/she does not exist.

Product Return

The return policy shall be the policy of each shop. Talabat does not undertake any responsibilities for the disputes, which may arise from terms of product return belonging to the shops.

Payment Methods

1. Customer can choose between different payment methods provided on the platforms, which are currently the following: Cash on Delivery, local debit cards, Apple Pay (currently in UAE), Visa Checkout and credit cards.
2. TALABAT reserves the right to provide other payment methods or to no longer offer certain payment methods.
3. Customer bindingly chooses the payment method when placing the respective order, provided that the customer chooses an online payment method, the payment will be processed by an external online payment provider cooperating with TALABAT.
4. Card data will be stored for future orders by the external online payment providers, on the condition that the customer has given consent to the storage and future usage.
5. Customer is obliged to ensure sufficient cover of the respective account or, when using credit card, to use the credit card only within the card transaction limit. Customer has to refrain from causing unauthorized debit charge backs.

Refund Policy

Talabat takes user satisfaction very seriously. In the case of problems with your food order, please contact Talabat through our live chat or call us on our hotline number and we will assist you. In appropriate cases, if you have already been billed by Talabat on behalf of the shp, Talabat will issue full or partial refunds. In the following cases: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction.

Price and Payment

Once your order has been accepted, this represents an agreement between you the user and the shop. The shop has sole responsibility for this order. Cash payments are made directly to the shop upon delivery to fulfill the order. If you have chosen to pay with credit or debit card on the Platform then the transaction is processed by Talabat as agent of the shop. Delivery charges are calculated per order and based on the policy of the individual shop. Any delivery charges or any other fees will be displayed clearly in your Order Summary.

Debit / Credit Cards:

Please read the following terms of use and disclaimers carefully before using Debit / Credit Cards, whenever it is available:

The user is liable to pay by cash upon delivery any extra charges the shop might charge as a result of the "Special Request" or the "General Request" placed by the user.
You may cancel the order if the delivery time exceeded the shop delivery promise time; your paid amount will be refunded back to your account.
The user order cancellation is limited to a maximum time of 5 minutes from the time of placing the order.

The customer refund procedure might take 2-7 working days to be initiated by Talabat, however, the time needed to process it on the Debit /Credit Cards bank payment gateway largely depends on the operations of the Central Bank of Iraq. The customer has to follow on with the bank in case of any delay in crediting back the customer’s account with the amount previously paid by the user. We will send an email to the user that contains a printout of the refund advice printed from Debit / Credit Cards bank payment gateway as reference in case the customer wants to revise the bank with.
Users using the Debit / Credit Cards facility are requested to be available on their respective contact numbers.
The user would be reimbursed by the shop in case the shop faced the inconvenience of a missing item (Reimbursement applicable only for the missing item and is subject to the shop own reimbursement policy).

Credit or Debit cards used in placing orders through the online payment gateway on the Platform must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.

The user is entirely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the terms & conditions.

Validity of Talabat records

In the disputes which may arise in relation to there Terms, the member agrees, states and warrants that any bookkeeping entry, microfilm, microfiche and computer records constitute a valid, binding, absolute and exclusive evidence; this article has the characteristics of an evidential contract, and that the member waives in advance all kinds of objections to the specified Talabat records and the right to tender an oath in relation to the fact that these records are kept in due form.

Rewards Program

Terms & Conditions
1. Only members and users of Talabat within Qatar and those who are selected and invited by the Company shall be eligible to join the Talabat Loyalty Program (referred to hereinafter as the ‘Loyalty Program members’). Such eligibility criteria may be subject to change at any time.

2. The terms and conditions set out herein, together with Talabat’s Privacy Policy available on its website shall govern Talabat’s relationship with members of the Loyalty Program including but not limited to the
membership, expiration, redeeming and earning Loyalty Program points.

3. By using the Membership Account that you were invited to receive and redeem points of the Loyalty Program, the Loyalty Program Members agree that they;
- Have read and accept these terms and conditions set out herein,
- Consent to the collection, use, and disclosure of their personal data by the Company, the Loyalty Program, and the Company’s affiliates to any third party for any purpose related to the Loyalty Program or the company’s business.
- Accept and acknowledge the Privacy Policy of the Company available on the Company’s website remain in effect.

4. The Company may modify at any time without notice its Loyalty Program including but not limited to the Loyalty Program benefits, awards, The Loyalty program’s Earning and Redemption Points as set in provision no. 7 (referred to hereinafter as ‘Provision No. 7’), and some or all of these terms and conditions set out herein in the Loyalty program pages. Loyalty Members are responsible for remaining knowledgeable of the Loyalty Program terms and conditions and any modifications that may occur to them. The Loyalty Program Account member’s continued participation in the Program will constitute the acceptance of any such modifications.

5. The Company may terminate the Loyalty Program, in whole or in part, with one-week prior notice to all active Loyalty Program Members, and all unredeemed Points will be lost after the conclusion of the notice period without any obligation or liability.

6. The Company can immediately terminate the Loyalty Program Membership Account of an Account member, if in its reasonable opinion the account member has breached these terms and conditions, or behaved fraudulently, or has provided the company with false or misleading information. In the mentioned events the account member case will lose all the acquired benefits and any right of use.

7. The Company’s Loyalty Program membership allows its account members to earn and redeem points when making purchase orders through the Company’s application and only within the Qatar territory, and in accordance with the rules, requirements and specifications set out below:
Users will benefit from a minimum of two(2) points for every one (1) Qatari Riyal spent and the opportunity to earn additional points from time to time as communicated by the Loyalty Program.

Provided that the Loyalty ProgramRelationship is active and in good standing, as determined by Talabat, Talabat Loyalty Points may be redeemed (i) in exchange for Talabat Credit, Restaurant offers or other specific deals, as may be published from time to time on the Talabat Loyalty Program Section of the app.

Details of the Talabat Loyalty points are set out on the Talabat Loyalty Program App Section. Reasonable efforts have been made to ensure that the information contained in the Talabat Loyalty Program Catalogue is accurate. Talabat is not responsible, and shall not be held responsible, for any errors, inaccuracies or omissions appearing therein.

Users can exchange points via the app for any of the items mentioned in the loyalty program section of the app, to offset any specified fees and/or charges normally applicable to the Talabat Loyalty program user as determined by Talabat. Redemption of points in exchange for deals from Talabat authorized partners are subject to the terms and conditions as may be prescribed by the issuer or supplier thereof from time to time.
- Once issued, the redemption of credit and other vouchers are not exchangeable, returnable, refundable, or redeemable for cash or credit, nor will they be replaced in the event of loss, damage or destruction. Once submitted, an order for redemption cannot be canceled, revoked, transferred or changed by the Talabat Loyalty Account holder in any manner.

8. The Loyalty Program points earned from making a qualifying purchase as per the Loyalty Program Catalogue, are only valid for a period of sixty (60) days from the date of crediting the points to the member’s account..

9. The Loyalty Program membership cannot be duplicated, shared, gifted and/or used for any purposes other than those provided in Provision No. 7, and the terms and conditions set out herein. The Program membership or points may not be transferred or used, for any reason, by anyone other than the account member.

10. In case of an order being canceled or modified by the account member, the points earned from this order will be deducted from the member’s loyalty account. In case of an order being delivered to the member after the estimated delivery time, for any reason, no additional points will be earned as a result of this delay. Redemption points claims shall not be accepted for any backdated access and purchases made by the account member as a Guest.

11. The Company shall not be held responsible for any direct or indirect consequences associated with any force majeure events or malfunction beyond its control, and/or any direct or indirect consequences associated to the member’s non-accordance use or fraudulent use with these terms and conditions.

12. These terms and conditions and any disputes or claims arising out of, or in connection with, shall be governed by and construed in accordance with the law of Qatar.

Governing law & competent

These Website Terms shall be governed by and construed in accordance with the law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts.

Enforcement

If any part of these Terms deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

License

Talabat grants you permission (which may be revoked at any time for any reason or no reason) to view the site and to download, email, share via social networking or print individual pages from the site in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted.
*You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the site, except as specifically noted above. Except as specifically authorized by Talabat, you may not deep-link to the site for any purpose or access the site manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the site or any information, content, or material on the site. Talabat reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the site or any content contained therein, whether in whole or in part, without prior written consent from Talabat. You may become a "fan" of the site or share links to the site via social networking technology reference on the site. Any rights not expressly granted herein are reserved.

Intellectual Property Rights

The content on the website ("Talabat.com Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Talabat.com, and are subject to copyright and other intellectual property rights under state of Kuwait and international conventions. Talabat.com Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Talabat.com graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Talabat.com in Kuwait and/or other countries. Talabat's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Talabat.com. Talabat.com Content on the website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Talabat.com is prohibited.

Provided that you are eligible to use the website, you are granted a limited license to access and use the website and the Talabat.com content and to download or print a copy of any portion of the Talabat.com content to which you have properly gained access solely for your personal, non-commercial use. Talabat.com reserves all rights not expressly granted to you in and to the website and Talabat.com Content and Marks. If you download or print a copy of the Talabat.com content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with the security related features of the website or features that prevent or restrict use or copying of any Talabat.com content or enforce limitations on use of the website or the Talabat.com content therein.

Contribution License

By posting contributions to any part of the website, you automatically grant, and you represent and warrant that you have the right to grant, to Talabat an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such contributions, and to grant and authorize sub licenses of the foregoing.
Talabat has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any contributions, (ii) re-categorize any contributions to place them in more appropriate locations or (iii) pre-screen or delete any contributions that are determined to be inappropriate or otherwise in violation of this Agreement.

Links to and from other websites

As a courtesy to you, the site may offer links to other websites. Some of these websites may be affiliated with Talabat.com while others are not. Talabat.com is not responsible for the contents of any website pages created and maintained by organizations independent of Talabat.com. Visiting any such third-party website pages is at your own risk. Talabat.com has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Talabat.com. By using the site, you acknowledge that Talabat.com is responsible neither for the availability of, nor the content located on or through any third-party website pages.

Talabat Pro

The terms and conditions for the Talabat Pro (“Talabat Pro Service”) operated by Talabat QFC LLC (“Talabat” or “we” or “us”) are applicable to all users (“Users” “you” and “your”) of the Talabat Application and its associated applications on iPhone, iPad, Android, and mobile application platforms (hereinafter referred to as the “Talabat Application” or “Application”) that have signed up for the talabat Pro Service. If you sign up for the talabat Pro membership, you are deemed to agree to the following terms and conditions, and any other relevant policies, terms and conditions and notices (collectively referred to as the “talabat Pro Terms”) which are currently applicable or will be applicable to your use of the Services, without qualification.

The talabat Pro Service is a membership-based program available in select countries which will offer Talabat Customers that sign up for membership (“Members”) a range of benefits which may include without limitation to free delivery, discounts, reward privileges etc. with those Merchants partnered with Talabat (“Partnered Merchants”). You understand and accept that the Talabat Pro Service shall be available on the Talabat Application (mobile applications) only. Talabat Pro Service will not be available on any orders made on www.talabat.com website.

1. TALABAT PRO MEMBERSHIP

Membership Fee & Renewal

1.1. To become a Member, the Customer shall subscribe to the Talabat Pro Service and pay the membership fee as shown on the Talabat Application (the “Membership Fee”). The Membership Fee shall vary from country to country.

1.2. The membership for the Talabat Pro Service will renew automatically every (30 days) unless canceled by the Member.

1.3. We will charge the Membership Fee on the payment method chosen by you at the time of subscription. If the chosen payment method is declined for payment of your membership fee, you must provide us a new eligible payment method promptly otherwise your membership will be canceled immediately. If you provide us with a new eligible payment method and are successfully charged, your new membership period will be based on the original renewal date and not the date of the successful charge.

1.4. If you do not provide us with a new eligible payment method and your payment fails, your membership will be canceled and you will not have access to any benefits. Talabat reserves the right to retry payment from your original payment method at its sole discretion. In the event that the retry is successful, your membership period will begin on the date of the successful charge. If you do not wish for Talabat to automatically retry payment, you may select to opt-out of the automatic retry under your membership settings. You understand and accept that if you do not cancel your membership or opt out of the automatic retry, Talabat will continue to retry payment at its sole discretion.

1.5 We reserve the right to accept or refuse membership at our discretion.

1.6. We may send you email and other communications related to Talabat Pro and your membership (regardless of any settings or preferences related to your account).

Membership Cancellation

1.7. You may cancel your Talabat Pro membership any time by visiting Your account and adjusting your membership settings. The membership cancellation must be done at least 24 (twenty four) hours prior to the auto-renewal date in order to avoid being charged for the following month.

1.8. After cancellation, the membership will not be renewed but you will still have access to your Benefits until the subscription expiry date of the paid month.

Promotional Trials & Offers

1.9 We may offer certain customers various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers. Trial members may at any time (through Your Account) choose not to continue to paid membership by canceling the membership

Benefits

1.10. As a member of Talabat Pro, you will be entitled to avail select benefits and privileges as determined by Talabat and communicated on the Application. The benefits and privileges (collectively referred to as the "Benefits") available on the Talabat Application may include:

• Free delivery from Partnered Merchants: “Where members to Talabat Pro will receive free delivery on all Eligible orders from Partnered restaurants, Free delivery on Talabat Pro, comprehends delivery fees but excludes other fees.The minimum order value will be communicated to you when subscribing to Talabat Pro and when placing an order. Talabat reserves the right to change Partnered restaurants at any time. Talabat also reserves the right to change the minimum order value required for the aforementioned Talabat Pro subscription.

• Rewards privileges: Members will receive extra reward points on their eligible orders. An eligible order is any order placed with a Partnered restaurant and meet the required minimum order value.

• Other benefits associated with Partnered Merchants

• Exclusive discounts

The above list of Benefits is not exhaustive and is determined by Talabat at any time at its own discretion. Talabat reserves the right to amend, remove or add to the Benefits at any time, the changes will be communicated and reflected to the Customer on the Talabat Application. You are advised to check the Benefits being offered by the Partner Restaurant at the time of placing your order.

1.12. The Benefits available under Talabat Pro Service will be automatically applied at the time of check-out and can be redeemed at the Partnered Merchants only and the list of such Partner Merchants may be updated periodically. The Benefits cannot be exchanged for cash.

1.13. The Benefits can be used in combination with other ongoing promotions or offers, unless specified in the customers FAQs or explicitly not allowed.

1.14. Your Talabat Pro membership can only be used on a single device only. You are not permitted to access or avail benefits of Talabat Pro membership on multiple devices even when you sign in using your email address registered with Talabat Pro.

1.15. You may not transfer or assign your Talabat Pro membership or any Benefits, including promotion codes for Talabat Pro memberships or benefits, except as allowed in these Terms.

2. TERMINATION BY US

We may terminate your Talabat Pro membership at our discretion without notice.

We may terminate your Talabat Pro immediately without any prior notices, if we determine, in our discretion, that you violate these Terms or any applicable law, involving fraud or misuse of the Talabat Pro membership, or is harmful to our interests or another user.

3. INDEMNITY AND LIMITATION OF LIABILITY

3.1. You agree to defend, indemnify and hold harmless Talabat and its affiliate companies and their respective officers, directors, employees, agents and representatives from any and all claims, losses, liabilities, expenses, damages and costs (including reasonable legal fees) arising or resulting directly or indirectly from or out of your breach of any of these Terms, or any activity you conduct in connection with the Application. Talabat reserves the right, but not the obligation, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such instances, you agree to cooperate fully with Talabat in the defense of such matters.

3.2. Talabat does not warrant or make any representations regarding the use or the results of the use of the Talabat Pro Service or in linked sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Talabat will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special losses, or loss of profits). You release Talabat from all claims arising from any statement or representation made on the Talabat Pro Service. Your sole and exclusive remedy for any of the foregoing or any dispute with Talabat, our affiliates, and their respective officers, directors, employees, shareholders or agents of any of them, is to discontinue your use of the Talabat Pro Service.

3.3. To the fullest extent permissible pursuant to applicable law, Talabat excludes all responsibility and liability in relation to the Benefits, and disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose. Talabat does not warrant that the functions contained in the Talabat Pro Service will be uninterrupted or error-free, that defects will be corrected, or that the Talabat Pro Service or the server that makes it available, are free of viruses or other harmful components.

3.4. To the maximum extent permitted by law, you will indemnify Talabat, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against Talabat arising from a breach by you of any of the Terms. You acknowledge that the limitation/exclusion of liability of Talabat, and your indemnity to Talabat, will also apply to all affiliates of Talabat, including any parent or subsidiary companies.

4. DATA PROTECTION

4.1. Talabat is committed to upholding the trust given by you to handle your personal data. Talabat and our affiliates will process your data in accordance with applicable data protection regulations. In order to deliver certain functions as part of the services, we will need to record your name, national ID number and any other details on such ID, date of birth, email address, address, telephone number and details around the payments due by you to us.

4.2. Please see our Privacy Policy for more details.

5. GENERAL TERMS

5.1. These Terms will begin on the date of purchase of the membership plan and will be valid till such time your membership plan expires.

5.2. All intellectual property rights in the contents of the Talabat Pro Service are owned by Talabat, its affiliates, or its licensors and are protected by copyright, trademark, and other applicable laws.

5.3. We reserve the right to provide to you, at our sole discretion, with offers and benefits such as discounts, special events, pre-access to products, sales promotions, retailer offers, sampling and giveaways. Any such offers or benefits will be subject to terms and conditions as notified to you.

5.4. You hereby agree to maintain and promptly update all of your identifying information and any other information you provide to Talabat, to keep such information accurate, current and complete and to promptly notify Talabat regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Talabat Pro Services or the terms on which you use the Talabat Pro Services.

5.5. You hereby agree to maintain the confidentiality and security of your password and agree to accept responsibility for all activities that occur with your permission in relation to your Talabat account. If your password is lost or stolen, or if you believe there has been unauthorized access to your Talabat account you are required to notify us immediately and change your Talabat account password as soon as possible.

5.6. You hereby agree to cooperate with Talabat to the fullest extent permitted by applicable law, including agreeing to the written answering of any questions or the provision of information to assist Talabat in conducting any internal investigation or inquiry.

5.7. Talabat's failure to enforce the strict performance of any provision of the Terms will not constitute a waiver of its right to subsequently enforce such provision or any other provisions of the Terms.

5.8. Talabat reserves the right to change the Terms at any time and without providing you with notice of such changes. You agree that your continued use of the Talabat Pro Services constitutes your acceptance of the modified Terms, and you agree that all previous versions of the Terms are superseded by the modified version. You should check these Terms each time you use the Talabat Pro Service to check for updates.

5.9. Headings in these Terms are for convenience only and do not affect the interpretation of these terms and conditions.

5.10. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions.

5.11. Our failure or delay in exercising any of our rights under these Terms does not mean that we are unable to exercise those rights later.

5.12. All notices and other communications under this Agreement shall be in writing through communications to the Talabat email address shown on the Talabat Application.

5.13. Your use of the Talabat Pro Service and these Terms are governed by and construed in accordance with the laws and regulations of Qatar. You agree that these terms will be subject to the exclusive jurisdiction of Qatar courts.

Limitation of Liability

To the extent permitted by law, Talabat.com provides this site and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this site, or that it will be timely or error-free, that defects will be corrected, or that the site or server that makes it available are free of viruses or other harmful components. Subject to the previous paragraph, neither Talabat.com nor Talabat.com directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this site. Nothing in these terms shall exclude or limits liability for death or personal injury resulting from our negligence or that of our agents or employees.

Indemnity

You agree to indemnify and hold Talabat, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the site, with your submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the site, your violation of these Terms of Use, and any other acts or omissions relating to the site.

Disclaimer

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY TALABAT.COM, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TALABAT.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE