Baqala Express® Terms and Conditions for Customer Use (v1.0)

These Terms and Conditions for Customer Use (User Agreement) relate to your use of the platform accessible at [email protected] or via mobile applications or any other means (referred to in this User Agreement asthe Platform).

The Platform is made available to you by International Baking Services Company, a company incorporated in the Kingdom of Saudi Arabia with its address at [email protected] (referred to in this User Agreement as 'IBSC', 'we', 'us' or 'our').

We work with selected stores (referred to in this User Agreement as ‘Store’ or ‘Stores’) through the Platform in order to make grocery products available to you (referred to in this User Agreement as Products). TheseTerms and Conditions (together with the documents referred to on it) sets out the User Agreement on which the Stores supply and deliver Products to you.

We may revise this User Agreement at any time. You are expected to take notice of any changes we make, as they are binding on you.You acknowledge youracceptance to any notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement (Substantial Amendment) in accordance with the terms of this User Agreement. You acknowledge and agree that IBSC at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Platform.

Please read this User Agreement carefully before ordering any Products from our Platform. If you have any questions relating to the User Agreement please contact [email protected] before you place an order.

Before you may become or continue as a member of the Platform, you must read, agree with and accept this User Agreement and IBSC's Privacy Policy (the Privacy Policy) found at [email protected] You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement and the Privacy Policy, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

By accessing our Platform and placing an order you accept and agree to be bound by this User Agreement. This User Agreement is effective upon acceptance. If you do not accept this User Agreement, then you must not access, register with or use the Platform.

1. Purpose

The purpose of our Platform is to provide a simple and convenient service to you, linking you to the Stores so that you can order Products from them. Once you have placed an order with a relevant Store, your order will be fulfilled, supplied and delivered to you by the Store. The Platform is not a store. The Platform is an online platform allowing for the sale and purchase of Products between Stores and you.

2. Acceptable use

You may use our Platform only for lawful purposes and as intended by our Platform. You may not use our Platform or any of the services offered on our Platform in any way that breaches any applicable local, national or international law or regulation or to send, receive, upload, download, use or re-use any material including but not limited to data mining, or downloading material to enter into any competing business. You also agree not to access without authority, interfere with, damage or disrupt any part of our Platform or any network or equipment used in the provision of our Platform.

You further agree and undertake to:

(a)  report problems of any kind or violations of this User Agreement to IBSC, including if you believe your intellectual property rights have been violated;

(b)  not disclose your contact details including but not limited to phone numbers, addresses, or email addresses anywhere on the Platform including the feedback area, discussion forum or through any e-mail feature of the Platform intended to bypass use of us;

(c)  not use contact information provided to you during the course of a transaction on the Platform to solicit additional sales offline or on another website or platform;

(d)  not harvest or otherwise collect information about users, including but not limited to email addresses and other contact information; and

(e)  (e) not publicize any personal information about users or otherwise access or use information about other users in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws.

3.Eligibility for membership

In order to establish a membership on the Platform members must be at least 18 years of age. You represent and warrant that when creating the membership to use this Platform you are at least 18 years of age. Without prejudice to any other rights and remedies of IBSC under this User Agreement or at law, IBSC reserves the right to limit or withdraw access to the Platform or the membership of any person if IBSC believes that person is under the age of 18 years. The Platform is not available to persons whose membership has been suspended or withdrawn by IBSC. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Platform more than once.

4. Set-up

When you are setting up your details on the Platform you may be asked to provide personal information, including the following details:

(a)  mobile number;

(b)  email address; and

(c)  nationality and gender; and

(c)  Address.

More information can be found relating to what information we collect from you via the Privacy Policy. The Privacy Policy includes information concerning how we use the data that we collect or receive from you.

It is important to ensure that the information that you submit to us at the time of setting up an account on the Platform and any time thereafter is true, accurate, current and complete as the Store will use this information to complete the order.

At the time of your registration you will set a password for your account. Please keep this secret, as you are entirely responsible if you do not maintain the confidentiality of your password. You are responsible for all orders placed with us or information given to us under your email address in combination with your password and you are responsible for maintaining the confidentially of your login details and any activities that occur under your account. You must immediately notify us of any unauthorised use of your email address and/or password or any breach of security known to you.

Setting up an account with the Platform is free. IBSC does not charge any fee for browsing and placing orders on the Platform.

IBSC may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person's authority to act on your behalf. You agree to provide any information and/or documentation to IBSC upon such requests. You acknowledge and agree that if you do not, IBSC without liability may limit, suspend or withdraw your access to the Platform and/or your membership of the Platform. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.

5. Service availability and accessing our Platform

The Platform is available in the Kingdom of Saudi Arabia. If you live outside the delivery areas of any Store, a message will appear via the Platform notifying you that ordering through the Platform will not be possible. Operating hours will vary depending on local trading conditions and the availability of our Stores. Please click on the relevant Store in order to obtain further information related to that Store.

We reserve the right to withdraw or amend and/or restrict access to our Platform without notice. We will not be liable if, for any reason, our Platform or any of the services on our Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Platform, or our entire Platform to users who have registered with us and who are in full compliance with the User Agreement.

6. Orders and purchase contract

When you place an order with a relevant Store through our Platform, it will be sent to the relevant Store to confirm their acceptance. The Store will either confirm or reject the order and a push notification will be sent to you confirming if the order has been accepted. The contract for the supply of any Products you order through the Platform is created when the Store accepts your order and you receive the push notification (the Contract). The Contract will be strictly between you and the Store. You will pay to the Store for the Products on delivery. At no time shall any right, title or interest over any Product vest with us nor shall we have any obligations or liabilities in respect of such item or the Contract. For avoidance of doubt, neither the Platform nor IBSC will be a party to this Contract. We do not buy or sell Products. We are not and cannot be a party to or control in any manner any transaction or contract between the Store and the Customerand cannot guarantee you or the Store will complete a transaction or accept the return of a Product or provide any refund for the same. You will not hold us responsible for other users' content, actions, or inactions, or Products or Information they list or post.

You will be given the option to accept a substitute product if the Store is out of any particular Product. If you select this option, a substitute product will be selected at the Store's discretion to replace any ordered Products that are out of stock. If you do not select this option, the Product that is unavailable will be removed from your order and you will not receive any substitute product.

7. Delivery

The Store will arrange delivery of the Products to you. You must ensure that you provide an accurate delivery location and telephone number to ensure that your Products are delivered to the correct location. We are not responsible for unsatisfactory or delayed delivery or performance, losses, damages, delays or the unavailability of Products.

8. Cancellation

You are able to cancel your order through the Platform before the Store has accepted your order without stating a reason.

If you want to cancel your order after it has been accepted by the Store and prior to the order being dispatched for delivery, then you can cancel the order provided that you state the reason for cancelation.

You are not able to cancel the order after the order has been dispatched for delivery. If you do cancel the order at this stage then this may lead to us suspending your membership and apply the delivery charge following the cancellation.

If you continue to cancel orders then we may at our sole discretion cancel or suspend your membership.

9. Price and payment

The price of any Products will be listed on the Store's individual page. Prices may vary between each Store. Prices are subject to change at any time so please check the Store page before placing an order.

10. Customer complaints

In the event that you have a complaint regarding the Platform please access the customer complaint section of the Platform.

If you have any complaints about any of the Products received including but not limited to defective, missing, faulty, crushed, spilt Products or Products that have passed their expiration date then please use the call button on the Platform in order to connect to the Store and talk to them about the defective Product.

If you are not able to get in touch with the Store or you are unhappy with the level of service or response of the Store then please contact us on [email protected]

11. Ratings and comments

You will be able to rate and comment on the performance of each Store after a transaction. You undertake that you will rate these Stores honestly and any comments will be your honest opinion in accordance with the applicable laws and regulations in the Kingdom of Saudi Arabia. Comments may be removed by us if we deem it necessary, or a third party requests such deletion or if any comment breaches any of the restrictions set out below.

In particular you will not make any comments that:

  • are 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 threatening, abuse or invade another's privacy, or cause annoyance, needless anxiety or be likely to harass, alarm any other person; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

12. Suspension and termination

Failure to comply with this User Agreement constitutes a material breach of your agreement with us and may result in our taking all or any of the following actions (at our discretion):

  • immediate, temporary or permanent withdrawal of your ability to use our Platform;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our Platform;
  • issuing 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; and/or
  • disclosure of such information to law enforcement authorities and/or governmental authorities as we reasonably feel is necessary.

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

13. Intellectual property rights

All content included on the Platform, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either IBSC, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Platform is the exclusive property and copyright of IBSC and is protected by copyright, trademarks, patents or other intellectual property rights and laws.

"IBSC" and related logos, and other words and logos on the Platform (including without limitation "BAQALA EXPRESS") are either unregistered trademarks or registered trademarks of IBSC and are protected by trademark and other intellectual property rights and laws. IBSC's trademarks may not be used in connection with any product or service that is not IBSC's nor in any manner that disparages or discredits IBSC. All other trademarks not owned by IBSC that appear on the Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by IBSC.

You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our Platform in any way except to the extent necessary to use the Platform in accordance with clause 2 (Acceptable Use) .

14. Links from our Platform

Where our Platform 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.

15. Our liability

To the extent permitted by law, we provide our Platform and content on the Platform 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 our Platform, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither us nor any of our affiliates shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Platform or the Contract as defined in section 6. In the event that we found to be liable to you our total aggregate liability shall not exceed [SR 375] or the purchase price of the Products you have paid for in your order, whichever lower. This does not include or limit our liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude our or its liability.

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 Platform. If we are informed of any inaccuracies on our Platform or in our services 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 Platform, and any website linked to our Platform and any materials posted on it.

You release and indemnify IBSC and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Platform and you specifically waive any claims that you may have in this behalf under any applicable law.

16. Electronic communication

You agree that we may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

17. Events outside our control

Neither we nor any Store shall be liable to you for any delay or non-performance of our or the Store's obligations under this User Agreement arising from any cause beyond our or the Store's control including, without limitation, any of the following: act of Allah, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse you from any payment obligations under this User Agreement.

18. Waiver

The failure on the part of IBSC or any of its affiliates to exercise or enforce any right conferred upon it by this User Agreement shall not be deemed to be a waiver of any such right or operate so as to prevent the exercise or enforcement of any right conferred upon it by this User Agreement.

19. Severability

If any provision of this User Agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

20. Entire agreement

This User Agreement contain the whole agreement between you and us relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.

21. Law and jurisdiction

This User Agreement and any non-contractual obligations arising out of or in connection with the terms in this User Agreement and your use of the Platform, shall be governed by and interpreted in accordance with the laws of the Kingdom of Saudi Arabia.