Terms & Conditions

         

        1. Introduction

         

        Welcome to YaBalash, a subsidiary of Financial Brains (Incubator).

        At YaBalash, our vision is to transform the food industry by providing discounted surplus food from our partner restaurants, reducing food waste, and promoting sustainable consumption. Our goal is to bring joy to customers through convenient and affordable options while also advocating for environmental responsibility with every rescued meal.

        By placing a Reservation Order, the Customer acknowledges and agrees to abide by these Terms. It is essential for the Customer to thoroughly review these Terms before making an order on the Platform.

        YaBalash's privacy policy are an integral part of these Terms and are automatically accepted upon agreeing to them.

         

        2. YaBalash Concept

         

        The Platform offers the Products for reservation, and Customers can reserve them by placing a Reservation Order.

        When a customer reserves a Product and receives a Reservation Confirmation from YaBalash, the Product is considered reserved.

        Once a customer reserves a Product and the Store accepts the Reservation, the Customer must be present at the Store at the designated Pick-up time, while the Store commits to making the Product available for sale as specified here. Both parties have the right to cancel (Refer to number 7).

        YaBalash's role is solely to facilitate the sale of Products on the Platform on behalf of the Store. There is no contractual relationship between YaBalash and the Customer regarding the Products or their sale. YaBalash bears no responsibility for the Products or the fulfillment of the agreement between the Store and the Customer (Refer to number 7).

        If a customer chooses the Delivery option, they must provide accurate delivery details, including the delivery address and contact information, to ensure a successful delivery process. Both parties have the right to cancel.

        YaBalash only collects the Purchase Price for the Products on behalf of the Store and acts as a payment agent for the Store.

         

        3. Acknowledgment


        When initiating an order through the Platform, the Customer affirms the following:

        • They possess the legal capacity to engage in binding agreements.

        • They are a consumer making purchases for personal use.

        • They are at least 18 years old and possess a valid debit, credit card, or another viable

          payment method for Platform transactions.

          By agreeing to these Terms, the Customer consents to receive all pertinent information in the English and Arabic language. Additionally, the Customer acknowledges that all agreements between them and YaBalash, along with any essential information required for the provision of Services, will be retained by YaBalash in accordance with its privacy policy.

          Furthermore, by agreeing to these Terms, the Customer consents to receive emails and text messages pertaining to any orders placed by them. This step is essential for YaBalash to ensure that the Customer receives vital notifications concerning their order.

          YaBalash retains the right to revise and modify these Terms periodically. The conditions that apply to the Customer's order are those in effect at the time the order was placed.

         

        4. Product Information

         

        YaBalash exclusively facilitates the contractual arrangement between the Customer and the Store, with no obligations pertaining to the Products or the execution of the contract between the Store and the Customer.

        YaBalash does not engage in the creation, sale, acquisition, storage, preparation, production, processing, labeling, packaging, delivery, or management of the Products in any manner. YaBalash is not responsible for fulfilling contractual commitments to the Customer regarding the Products. This includes aspects like manufacturing, selling, purchasing, storing, preparing, producing, processing, labeling, delivering, ensuring quality, disclosing ingredients and allergens, and managing the Products in accordance with relevant laws. This responsibility only applies if YaBalash is explicitly identified as the manufacturer or seller of the Product on the Platform.

        On the Platform, the Customer can access information and descriptions about the Products. This information serves as guidance to help the Customer evaluate chosen Products before making a reservation. It's possible that there might be instances where the Platform's information is not updated, leading to discrepancies in the actual product offerings and stocked items. In such cases, YaBalash bears no responsibility. The responsibility lies with the Stores to provide accurate and current information about the Products. YaBalash doesn't assume any such responsibility and thus holds no liability for the accuracy or availability of information regarding the Products.

         

        5. Product Reservation

         

        The app features a roster of currently operating Stores. Should the Customer grant permission for location services, the app will monitor the Customer's whereabouts, displaying nearby stores on the list. After the Customer picks a specific Store and Product, they will have the chance to finalize their order by selecting options like "reserve," "place my reservation," or a similar button.

         

        6. Confirmation of Reservation

         

        Upon receipt of the Reservation Order, YaBalash will initiate its processing by forwarding the reservation details to the appropriate Store. A notification for the Reservation Confirmation will be dispatched to the Customer, confirming the receipt and processing of the Reservation Order. It's important to understand that any confirmation page accessed by the Customer on the Platform is indicative of the Reservation Order's receipt and ongoing processing. This, however, does not indicate acceptance of the reservation by the Store.

        The Customer is advised to retain the Reservation Confirmation for their records. This document will encompass details related to the Customer's placed reservation.

        It's important to emphasize that the Reservation Confirmation does not signify acceptance of the reservation but serves solely as an acknowledgment of the Reservation Order's receipt.

         

        7. Right of Cancelation

         

        YaBalash operates with the primary goal of minimizing food and product wastage. Therefore, in situations where the Store doesn't have surplus Products available, the Store reserves the right to cancel a Reservation Order up to two hours before the agreed Pick-up time (as outlined below). In such instances, the Customer will be duly informed about the cancellation through email, SMS, or a notification on the Platform, provided that the contact details submitted to YaBalash are accurate, and the Customer has consented to receiving such notifications.

        Due to the perishable nature of the Products and YaBalash's commitment to waste reduction, the Customer is allowed to cancel a Reservation Order only up to two hours before the agreed Pick-up time.

        To exercise the right to withdrawal, the Customer must communicate their decision to YaBalash via the complaint link available on the Platform. If the Customer cancels a Reservation Order beyond the rights, no refund will be granted.

         

        Cancellation Policy for Delivery Option:

        The Customer also holds the right to cancel a Reservation Order provided the order has not yet been dispatched for delivery. If the Customer chooses to cancel, they must do so before the delivery process begins.

        YaBalash extends its waste-minimization principle to deliveries as well, ensuring responsible handling of perishable items. Hence, the Customer can exercise the right to cancel an order until it enters the delivery process.

        To enact the right to withdraw for delivery, the Customer must notify YaBalash through the complaint link on the Platform. Canceling an order outside the specified rights or after the order is dispatched for delivery will result in no entitlement to a refund.

        Kindly note that the cancellation policy for the delivery method is distinct from the Pickup cancellation policy, and both policies are applicable as per their respective circumstances.

         

        8. Pick-up and Delivery

         

        Reserved items on the Platform must be collected by the Customer at the indicated pick-up location ("Pick-up"). The Pick-up timeframe typically falls within 10 to 60 minutes, though variations may occur. Store specifics and instructions for Product collection will be accessible on the Platform and reiterated in the Reservation Confirmation. Should the Customer arrive before the scheduled pick-up time, we kindly request them to wait outside to avoid disrupting the Store's patrons. It's important to be mindful that tardiness might result in the Store closing or the Product being unavailable.

        Given the perishable nature of the Products and YaBalash's commitment to minimizing waste, if the Customer fails to collect the Reservation Order within the designated period as specified in the Reservation Confirmation, the Store retains the right to sell the Product to another customer. Under such circumstances, YaBalash may proceed to charge the Purchase Price to the Customer.

        Upon collection, the Customer should present their Reservation Confirmation within the YaBalash app to the Store staff. They will verify and process the receipt before handing over the reserved Products. The Customer is responsible for ensuring that the app displays the Reservation Confirmation at the time of collection. Furthermore, it's the Customer's duty to confirm that the received Products and their quantity match the reservation.

        YaBalash provides delivery options for reserved Products. The anticipated delivery time will be communicated to the Customer during the reservation process, and it may vary based on location and order volume.

        The Customer is accountable for providing precise delivery particulars, encompassing the delivery address and any specific instructions. YaBalash will exert reasonable efforts to fulfill the delivery within the agreed-upon timeframe.

        If the Customer is unavailable to receive the delivery at the stipulated address and time, YaBalash will make reasonable attempts to establish contact. If delivery proves impossible due to unavailability or incorrect information, YaBalash may cancel the delivery, potentially resulting in the Customer being charged the Purchase Price for the Products.

        During delivery, the Customer should be present to accept the Products and verify the contents of the order. It may be necessary to exhibit the Reservation Confirmation from the YaBalash app to the delivery personnel for verification purposes.

        Promptly inspecting the delivered Products for discrepancies or quality concerns is advised. Should any issues arise with the delivered items, the Customer should contact YaBalash's customer support within a reasonable timeframe to initiate resolution.

        Please bear in mind that distinct policies apply for pick-up and delivery methods, each aligning with the chosen means of Product receipt.

         

        9. Price

         

        All listed prices are denoted in the currency of the Store's location country and encompass the relevant VAT, yet potential online payment administration charges may not be included unless otherwise stated.

        Any charges associated with the order and payment will be computed and displayed during the Reservation Order placement.

        The indicated value of the Products on the Platform serves as a baseline, reflecting a minimum valuation if the Products were not offered as surplus food.

         

        10. Payment

         

        The Customer has the option to make payments using various debit and credit card brands, along with other available payment methods on the Platform.

        When utilizing a credit or debit card, the Customer is required to input their card number, expiry date, and security code while placing a Reservation Order.

        Upon confirming a Reservation Order, the Store-designated amount for the Products (Purchase Price) is either authorized or reserved in the Customer's account, depending on the chosen payment method (Account). The Purchase Price is deducted from the Customer's account upon Product reservation or at, or immediately after, Pick-up, contingent upon the

        selected payment method. If the reservation is canceled as per these Terms, the Purchase Price is either canceled or reimbursed to the Customer.

        YaBalash collects the Purchase Price on behalf of the Store. YaBalash retains the right to adjust, modify, or revise the payment process for its customers as deemed appropriate.

        Debit or credit card payments on the Platform are secure and certified by the card issuer. All transactions occur through an encrypted online connection.

        YaBalash does not retain any debit or credit card data. Such information is managed by the Payment Service Providers. However, the Payment Service Providers may store this data.

        Should the Customer encounter a rejection of their credit card or payment method during checkout, it's advised to verify the entered details for accuracy.

        If the Customer has rectified the error and the credit card remains declined, YaBalash suggests contacting the respective bank.

        Following standard banking procedures, once a Reservation Order is submitted via credit or debit card and the payment is authorized, the bank or card issuer will reserve the full Reservation Order amount. If the Reservation Order is subsequently declined by the Store or canceled based on these Terms, the bank or card issuer will not transfer the order funds to YaBalash. Instead, they will refund the Customer by releasing the pertinent sum back into the Customer's available balance. However, this process may require up to 10 working days (or potentially more, depending on the Customer's bank or card issuer), and YaBalash lacks authority to inquire about specific payment concerns with the Customer's bank or card issuer. The Customer is responsible for initiating such communication.

        By accepting these Terms, the Customer acknowledges and agrees to the outlined payment method, while also recognizing that YaBalash bears no responsibility or liability to the Customer regarding the above payment process.

         

        11. Customer Reviews

         

        Particularly (though not exclusively), any reviews submitted by the Customer via the Platform must not:

        • Contain defamatory, obscene, or offensive content.

        • Promote violence or discrimination.

        • Infringe upon the intellectual property rights of another individual or legal entity.

        • Breach any legal obligation owed to a third party, such as a duty of confidentiality.

        • Encourage illegal activities or infringe upon someone's privacy.

        • Create the impression that they originate from us.

        Be utilized to impersonate another person or falsely represent your association with someone else.

        YaBalash has no control over, alteration of, or editing authority for any posted reviews, except for the right to remove or modify any reviews on the Platform that violate the restrictions or are considered fraudulent.

        The reviews present on the Platform are strictly for informational purposes and should not be construed as advice from YaBalash. These reviews reflect the viewpoints of customers who have placed orders through the Platform or other third parties. Any statements, guidance, or viewpoints offered by such individuals are exclusively their own. Thus, to the maximum extent permissible by law, YaBalash assumes no responsibility or liability for any reviews, encompassing errors, defamatory content, obscenity, omissions, or falsehoods that the Customer might come across in such reviews.

        YaBalash is authorized to retain these reviews.

        The Customer will not receive compensation or rewards for submitting reviews via the Platform.

        There might be a time lag between submitting a review and its eventual publication.

         

        12. Limitation of Liability

         

        YaBalash will not be held accountable for losses stemming from or associated with
        matters falling under the Store's responsibility, third-party errors or unattributable interruptions in Platform availability; fraudulent usage of payment or contractual data for Customer orders (e.g., credit card data phishing, identity theft, etc.); content on linked sites through the Platform, including accuracy and data protection of said sites; and analogous

        circumstances as described.

        YaBalash bears no responsibility or liability for service failures or non-compliance if such instances result from circumstances beyond YaBalash's control. These circumstances may include, but are not limited to, interruptions in YaBalash or Store operations due to legal mandates, actions by state or public authorities, acts of war, terrorism, labor strikes, physical obstructions, lockouts, and natural calamities.

        YaBalash's liability does not encompass direct, indirect, or consequential losses, unless in cases of deliberate wrongdoing or fraud. In any event, the liability of YaBalash is capped at the amount specified.

        This also extends to matters of product liability.

         

        13. Intellectual Property

         

        The Customer is granted permission to utilize the Platform, as well as to print and download excerpts from it for personal and non-commercial purposes under the following conditions:

        The Customer must refrain from misusing the Platform, which includes actions like hacking or "scraping."
        Unless explicitly specified otherwise, the copyright and other intellectual property rights related to the Platform and its published content (including images and graphical elements) are owned by YaBalash or its licensors. These materials are safeguarded by copyright laws and international treaties, and all rights are reserved. Any use of extracts from the Platform outside the boundaries established in this section is prohibited within the scope of these Terms.

        Modifying digital or physical copies of materials printed is not permitted, and using images, photos, graphics, videos, or audio content separately from accompanying text is also prohibited.

        The Customer is responsible for consistently acknowledging and referencing YaBalash as the creator of the Platform's materials. Using any of the Platform's materials or the Platform itself for commercial purposes requires obtaining a license from YaBalash.

        The use of the Platform is restricted, and no portion of it may be reproduced or stored on other Platforms or incorporated into any public or private electronic retrieval system or service, without prior written authorization from YaBalash.

         

        14. Applicable Law

         

        These Terms (including any reservations and purchases of Products made under them) are governed by the laws of UAE, Abu Dhabi.

        Nevertheless, the Customer always retains the option to file a complaint with the relevant consumer protection authority operating in the country where the Store, associated with the reservation or purchase, is located.