ALMARAI PRO Terms and Conditions for customer use
Last Update: July 25 2019
These ALMARAI PRO� Terms and Conditions for Customer Use (User Agreement) relate to use of the platform accessible by registered customers of Almarai at www.almaraipro.com or via mobile applications or any other means (referred to in this User Agreement as the Platform).
The Platform is made available to its registered customers by Almarai Company and its affiliates and subsidiaries, which are companies incorporated in the Kingdom of Saudi Arabia with Almarai’s principal offices address at P.O. Box 8524, Riyadh 11491, Kingdom of Saudi Arabia (referred to in this User Agreement as 'ALMARAI', 'we', 'us' or 'our').
We hereby provide you the link to the relevant foodservices business division in Almarai (the “Relevant Division”) so that you can place orders for ALMARAI products made available to you on the Platform (referred to in this User Agreement as 'Products') from the Relevant Division. These Terms and Conditions (together with the documents incorporated by reference herein) sets out the User Agreement based on which you may place orders for the Products on the Platform, Almarai receives your orders, acknowledge them and deliver Products to you.
We may revise this User Agreement at any time by giving you five (5) business days advance notice by displaying the amendment on the Platform. You are expected to take notice of any changes we make, as such amended User Agreement will be binding on you in respect of any orders placed after the effective date of such amendment. By placing an order after the effective date of an amendment, you acknowledge your acceptance to the amendment made 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. Should you not agree to any Substantial Amendment, you should desist from placing any order after the date of such Substantial Amendment. You acknowledge and agree that ALMARAI 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 800904 or email to foodservice@almarai.com 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 ALMARAI's Privacy Policy (the Privacy Policy) found at [www.almaraipro.com]. You should read this User Agreement and the Privacy Policy and access and read all further documents referred to and incorporated by reference 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 documents including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.
BY ACCESSING THE PLATFORM AND PLACING AN ORDER USING IT, YOU ACCEPT AND AGREE TO BE BOUND BY THIS USER AGREEMENT. THIS USER AGREEMENT IS EFFECTIVE UPON SUCH 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 Relevant Division so that you can order Products directly from them (the 'Purpose'). Once you have placed an order with the Relevant Division, your order will be fulfilled, supplied and delivered to you by the Almarai. The Platform is not a store. The Platform is an online platform allowing for the placing of order, acknowledgment of order and delivery of Products between Almarai and you.
2 Acceptable use
You may use our Platform only for lawful purposes and for the intended Purpose as specified above. You may not use our Platform or any of the services offered on the 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 the Platform. You shall report problems of any kind or violations of this User Agreement to ALMARAI.
You further agree and undertake to: report problems of any kind or violations of this User Agreement to ALMARAI.
3. Eligibility for membership
In order to establish a membership on the Platform members must be at least 18 years of age and shall be either an individual customer registered with Almarai or a representative or an authorized to represent a registered customer of Almarai.
If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
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
(d) Address.
(e) If you are registering a business as an entity, you may be also asked to indicate your position at the business entity.
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 is true, accurate and complete. It shall be your obligation to ensure that the information so provided at the time of registration is kept updated on a regular basis and is current at every time thereafter as Almarai will use this information to verify, acknowledge and 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. ALMARAI does not charge any fee for browsing and placing orders on the Platform.
ALMARAI MAY ONLY ALLOW ITS EXISTING CLIENTS TO HAVE AN ACTIVE ACCOUNT WITH THE PLATFORM.
If you are not an existing client with Almarai and wish to become a client with Almarai in order to set up an account with the Platform, you will be required to raise an enquiry for registration through the Platform which requires you to submit certain information and documents that include (but not limited to) the following:
a) The full name;
b) mobile number;
c) a copy of the commercial registration;
d) a copy of the VAT certification;
e) a copy of Municipality or Baladiya’s licence.
ALMARAI 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 sign additional sales agreement, 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 an individual authorized to represent a registered 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 ALMARAI upon such requests. You acknowledge and agree that if you do not, ALMARAI 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 period of time that Almarai considers to be long.
5. Service availability and accessing our Platform
The Platform is currently available for delivery to be effected within the Kingdom of Saudi Arabia. If you place an order for delivery outside the delivery areas of Almarai, 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 services.
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 us through our Platform, a push notification will be sent to you acknowledging the order that you have placed. No contract for the supply of any Products you order through the Platform is created when Almarai acknowledges your order and you receive the push notification. A contract will be only created once Almarai delivers the Products to you and you receive them (the Contract). You will pay to Almarai the price of the Products on delivery unless specifically provided otherwise in a sales agreement and/or credit agreement signed between you and Almarai.
FOR AVOIDANCE OF DOUBT, ALMARAI WILL NOT BE OBLIGATED TO DELIVER IN PART OR FULL, ANY ORDER PLACED BY YOU AND CONFIRMED BY ALMARAI.
In case Almarai is out of stock in respect of a particular Product that you have ordered, Almarai will offer you the option to accept a substitute product. If you avail this option, a substitute product will be selected at Almarai's discretion to replace any ordered Products that are out of stock. If you do not avail this option, the Product that is unavailable will be removed from your order and you will not receive any substitute product. If you do not select this option, the Product that is unavailable will be removed from your order.
7. Delivery
Almarai 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 the unavailability of Products.
8. Cancellation
You are able to cancel your order through the Platform before the Almarai acknowledges your order without stating any reason.
If you want to cancel your order after it has been acknowledged by Almarai 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 entitled to cancel the order after the order has been dispatched for delivery. As an exception that can be exercised once a month, you may cancel the order after the order has been dispatched for delivery provided that you have a valid unforeseen business reason of the cancellation and Almarai accepts the cancelation.
If you continue to cancel an order after the order has been dispatched for delivery more than once a month, then we may at our sole discretion cancel or suspend your membership.
9. Price and payment
The prices of the Products as applicable to each individual Customer will be listed on the relevant Customer's individual page. Prices for the Products may vary from one Customer to another as one individual Customer may have a rate of discount that is different from another Customer based on certain factors including the agreement signed with us, the volume of products being ordered and the value of historical purchase of the Customer with Almarai. Prices are subject to change at any time and so please check your page before placing an order.
10. Customer complaints
In the event that you have any concerns regarding the Platform, please raise it through the ‘Contact Us’ section of the Platform.
If you have any complaints about any of the Products that you have received including but not limited to defective, missing, faulty, crushed, spilt Products or Products that have passed their expiration date, please dial in the toll-free number (800904) or raise it through ‘Contact Us’ section on the Platform in order to connect to the Relevant Division and highlight the defective Product.
11. 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.
12. 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 ALMARAI, 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 ALMARAI and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
"ALMARAI" and related logos, and other words and logos on the Platform (including without limitation "ALMARAI PRO") are either unregistered trademarks or registered trademarks of ALMARAI and are protected by trademark and other intellectual property rights and laws. ALMARAI's trademarks may not be used in connection with any product or service that is not ALMARAI's nor in any manner that disparages or discredits ALMARAI. All other trademarks not owned by ALMARAI 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 ALMARAI.
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).
13. 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.
14. 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 5,000] or the purchase price of the Products you have paid for in your order, whichever greater. This does not include or limit our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude our 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 ALMARAI 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.
15. 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.
16. Events outside our control
Neither we shall be liable to you for any delay or non-performance of our 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.
17. Waiver
The failure on the part of ALMARAI 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.
18. 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.
19. 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.
20. 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.
any dispute, controversy or claim arising out of or relating to this Agreement, the breach, termination or invalidity hereof or any non-contractual obligations arising out of or in connection with the terms of this Agreement or use of the Platform shall be settled by arbitration in accordance with the Saudi Center for Commercial Arbitration (SCCA) Arbitration Rules as at present in force. There shall be 1 (one) arbitrator and the appointing authority shall be the SCCA. The seat and place of arbitration shall be Riyadh, and the Arabic language shall be used throughout the arbitral proceedings.