Last update: 15/3/2022

 

Thank you for visiting Barakah.app

 

  • These terms and conditions are legally binding on the users of the platform.  Amount to an indefinite contract, effective from the date of registration as a platform user, ending with notification on registered e-mail.
  • By entering and/or using the platform, you agree to abide by the terms and conditions of use.

We therefore request you to read them carefully so as to clarify the obligations and rights arising from the use of the platform.

1. About “Barakah” Platform:

  • Barakah.app platform is a portal owned by Istidamat Albarakah Information Technology company based in Jeddah Commercial Registry No. [403041845], which will be referred to in these terms and conditions by the following terms: (“Barakah,” “Platform,” “Us,” “Our” or “Ours”), where users of the platform are offered services that facilitate the process of connecting suppliers to users.
  • As a user of the platform referred to as (“you,” “yours”), you recognize that your use of the platform is subject to these terms and conditions of use.
  • The websites or application services are together hereinafter referred to as to as “platform.”
  • All delivery and supply services provided by third-party contractors not operating under the supervision and management of the platform.

 

2. Amendment to Terms and Conditions:

  • We reserve the right to change, modify, alter or amend the Terms & Conditions at any time without any notification whatsoever. Your continuing the use of the Platform shall be considered as an acceptance of the Terms & Conditions at the time of Your usage to the Platform. 
  • Any changes shall be deemed applicable at the time of its publication, and You are requested to; periodically; read and check the Terms & Condition or at any time You log-in and use the Platform.

 

3. Platform services:

  • Barakah is a sales platform through which you can purchase take away food items from restaurants, cafés, and bakeries (to name a few) and order food at restaurants (each food supplier is hereinafter called a “Merchant”). You can both save surplus food at a discounted price and purchase regular food items through Barakah.
  • Your Barakah Account gives you easy access to see food offerings available near your location. You can also view your current order, your previous orders, and edit your personal information and preferences.
  • When you enter, you can find all offers and Merchants in the discovery view displayed on a map. All Merchants and their offers are also listed according to their location and the distance to your location, with the Merchant closest to you being first. Your location is only used if you have permitted location sharing in Barakah.

 

4. Registration and User Account: 

  • To use Barakah, you need to create a user account by providing your mobile number. Any registered account shall be personal and is not transferable to any third party. To create an Account, you must have the authority to accept these Terms.
  • To create a Barakah Account, we need to obtain certain personal information from you, such as your (name, contact information, and payment information). We are committed to keeping your personal information safe and you can read more about how we do this in our Privacy Policy.
  • By registering and using the platform, you undertake to update your personal information, your responsibility to keep your account confidential, and agree to accept responsibility for all activities that occur within your account.
  • We reserve the right to refuse to provide service, modify access, temporarily suspend accounts, terminate accounts, or cancel applications at any time at our discretion and without warning.
  • Any decision made by the user to the use or acceptance of services shall be at his or her discretion. And each service provided by the drivers or any third party to the user shall constitute a separate agreement between himself or herself and the user
  • In the event of a dispute or claim between a user of the platform (drivers, stores, consumers), the liability of the platform will depend only on providing contacts information.

 

 5. How to order?‍

  • All orders are placed through the App. The price of your order will be displayed in the check-out in the App, depending on where you placed your order.
  • Upon successful payment you will receive an order confirmation and your order is completed.

 

Delivery Polices:

-Home delivery‍:

In certain cases, home delivery can be offered for your order. If delivery is included in an order, the order will be delivered to the address specified by you in Barakah when placing the order. All deliveries are handled by trusted third parties.

  • The Supplier obliged to disclose about the information of shipment, including but not limited to: Product type, quantity.
  • The supplier is fully responsible for updating the shipment information and for disclosing it to the Authorities as well, if necessary.
  • You undertake to be available at the delivery address and reachable at the phone number specified by you while completing the order from the time of the order until delivery has been made. 

-Pick Up:

Products reserved on the Platform must be picked-up by the Consumer at the store. 

  • The user can pick up the order at the store by displaying the request number registered in the user’s application.
  • The consumer must go to the store and receive the order according to the time set on the application at the time of purchase, during the store working hours.
  • No refunds shall be made in the event of a delay of more than one hour and  the order is not received on time.
  • Since the Products are perishable goods and since Barakah concept is to avoid waste of food and other products, the Store is entitled to sell the Product to another Consumer if the Consumer does not Pick-up the Reservation Order within the time period set out in the Reservation Confirmation.
  • Be aware that if the Consumer arrives too late, the Store may be closed and/or the Product may be unavailable.

 

7. Cancellation and Refunds:

The order may not be cancelled or retrieved after confirmation of payment, except where there are essential problems in the product, to name a few: Food damage or corruption caused by the merchant or delivery companies.

  • In case of false/mistake in the information of shipment leading to; cancellation or refunds the supplier shall be bound of refunds and/or compensation.
  • Please note that due to the nature of the sold items (food surplus!) and the fact that food may get spoiled or age rapidly, you do not have a right to change or cancel the order once you have received the order confirmation, unless so authorized by the Merchant (Supplier).

 

8. Payment:

Product prices on the platform updated dynamically, based on user-selected products and delivery address.

8/a. Payment methods:

  • Payment will made according to the e-invoice matching to the regulations and roles of the Ministry of Commerce, plus the cost of shipping or delivery, if any.
  • In order to provide secure payments, we use the well-renowned third-party payment service providers in our check-out. As independent service providers (Payment Gateway).
  • The platform’s commission is paid by the supplier according to the invoice issued via the platform.

8/b. Using of the Credit Card:

  • You can pay by using credit cards, Mastercard, Mada, Apple Bay, stcPay, or any available payment service.
  • The user acknowledges full financial and/or regulatory liability towards the platform resulting from the use of credit cards and/or Mastercard and/or others, not owned and/or unauthorized to use them, expired, unknown source, missing and/or stolen.
  • Payment gateway portals are obliged not to store, sell, share or lease personally identifiable credit cards and/or information to any third party.

 

9. Force Majeure:

  • “Barakah” platform shall not be liable in the event of delay or non-fulfillment of the obligations under this Agreement for any reason beyond the will under force majeure or emergency circumstances. We will try to contact the service providers to avoid the resulting damage.

 

10. Intellectual Property: 

  • Barakah hereby retains exclusively the ownership of all rights, titles, copyrights and interest of the Platform, content, photos, logos, designs, and trademarks weather registered or not and no one shall have the right to utilize and use them in any way. 
  • The ownership of the platform and related rights remain private ownership of a company (Barakah Sustainable Information Technology company) and this agreement does not grant any additional license, rights or benefits not mentioned to the user.
  • By using the platform, you entitle us to use your brands logo in all of its advertising.

 

11. Viruses:

  • We undertake to continuously update Our anti-virus protection, but We do not guarantee in any way that the Platform is free from viruses or other destructive code. 

 

12. External Links:

  • The Platform may contain links to other external sites. By clicking on any link, you will leave the Platform and be directed to such external site. However, this does not mean that We have reviewed, checked and/or agreed to the content of such external sites, unless otherwise explicitly provided within this Terms. 
  • Those external sites may send and use cookies to collect Your information and/or personal information, and You shall be solely; responsible to check with such external sites. 

 

13. Disclaimer:

  • Subject to the reasonable efforts in providing the information at any time, accurate and up to date; However, the platform bears no responsibility for any errors or omission in the content of the platform or any issue concerning services provided to the user.
  • Barakah reserves the right to make any changes to the content and/or the materials and services without prior notice and shall not in any way be liable and obligation to make any updates. Furthermore, Barakah does not grant any guarantees; implicit or explicit; to You and any other user during the use of the Platform. 
  • The platform acts as an intermediary between the supplier and the delivery company and does not assume any statutory or financial liability between them.
  • Barakah reserves the right at any time to disclose any of Your information provided in the Platform to any of Our legal representatives or any governmental authority in the Kingdom of Saudi Arabia. 
  • Everything posted by the user is subject to Saudi regulations, and the user is responsible for any data published by him.
  • Drivers and suppliers are independent contractors and are not employees of the platform. The platform does not take responsibility for any actions, declarations, guarantees, violations, or negligence by users, but we will consider your assessment or complaint, and we will take subsequent precautions from us.
  • Services as mentioned under “Platform services” only, and the platform does not provide any guarantees of performance resulting from the use of the platform, including but not limited to, quality or convenience for any specific purpose, integration, and loss of data. The platform also disclaimer its liability for any loss or damage to the user, or any sub-contracting party to the user due to the use of the service.

 

14. Compensations and Concessions:

  • You agree to defend and compensate Us in full of and against any losses, damages, claims, lawsuits, and expenses; including direct and indirect expenses; occurred as a result of the misuse of the Platform or any of the service providing portals by You in a way that is against the laws and this Terms & Conditions. 
  • Any claim arising against us and/or our representatives, contributors and/or partners arising from your use, access, interruption, or inability to use or access the platform shall be waived by the user under these terms and conditions of employment.

 

15. Notices and Complaint Handling:

  • The communication and notice method will be delivered by email or on any of the data recorded on the platform is considered to be effective.
  • If you have any questions or experience service disruptions in Barakah, please reach out to us. You can contact us at ([email protected]).

16. Governing Law:

  • This Terms and Conditions shall govern Your use to the Platform. 
  • This Terms & Conditions shall be governed and construed in accordance with the laws of the Kingdom of Saudi Arabia. 
  • By using the Platform, you agree and accept to the applicable laws and the Terms & Conditions. Any dispute may arise as a result of the content of the Platform shall be settled exclusively in the courts of Jeddah in the Kingdom of Saudi Arabia. 

 

If there is any difference in English translation, the Arabic text is applicable.