It is a platform, that focuses on brining freshly homemade food to your door steps.
SOFRA is an Application owned by SOFRA Delivery Services Company – sole proprietorship L.L.C (“we”, “us”, “Sofra” or “Sofra application”), registered and operated in the United Arab Emirates.
It is a company that owns a mobile Application available on smartphone Application stores under the name of (SOFRA), created for the purpose of offering and marketing the Merchant's (“Merchant”) products of various kinds, shapes, and quantities. This Application is entitled to publish and roll-out products with their images, prices, and sell them after receiving Orders, delivering them to Customers and collecting the Order Value on behalf of the owner of the product (“Merchant”). The delivery of the items shall be through delivery companies registered under Sofra (“Delivery Company”) (“Delivery Representative”).
As a Merchant (“Merchant”), once clicking “accept” or by agreeing to the terms and conditions, for the above-mentioned Application, this shall be represented as an express consent to benefit from the services provided by the Application, in accordance with the following conditions:
As a merchant, if you want to obtain the services provided by Sofra application, which is to offer and market your product(s), you pledge that the product(s) information provided is accurate and that you are the sole owner of the product(s).
Once the Merchant accepts these terms, conditions and usage policy, the Merchant agrees to provide Sofra application with the following:
• Full details of the product to be displayed on the Application before being released to Customers, which as follows:
a. Brand name of the business.
b. Business trademark.
c. Clear high-resolution pictures of the products.
d. Product prices.
e. Products description in size, shape, type and components.
f. Declare any substances that may cause allergies.
g. Compliance with laws and food and hygiene policy.
h. The period in which the product will need to be prepared, before its ready for delivery.
i. Provide the Application with a list of products prices that are identical to the prices the Merchant offers outside the Application.
• In creating an account and/or claiming your business' listing, you attest to us that all information provided to us in such process is true, accurate and correct, and that you will update your information to the maximum extent and when necessary, in order to keep it accurate. If you are creating an account or claiming a business listing, then you attest to us that you are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us, or provide or use false information to obtain access to a business' listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Sofra or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
Upon acceptance of the terms, conditions and usage policy in place, Sofra shall be responsible for delivering the Orders from the Merchants through the Application referred to in the preamble. The delivery shall be through delivery representative contracted by the Application, which shall take place on a daily basis between 8:00 am to 11:59 pm, unless the time is amended by the Application at any time they deem fit without any objection from the Merchant.
• The Merchant solemnly agrees that Sofra application shall be entitled to a commission of 15% + VAT at applicable rate from the value of total order. (12% Sofra commission + 3% convenience and administrative fees). The Merchant understands and confirms that, this percentage of commission is a lenient act of Sofra to enter into new business terms with the Merchant and will be subjected to change after 1 (One) Year of successful completion of business.
• The Merchant agrees that the commission of Sofra application shall be due on the total Order Value of each purchase before deducting convenience fees for credit/debit card or any other electronic payment method and administrative fees.
The Merchant agrees that if they provided for delivery any incomplete Orders or contrary to the Customers’ Orders, which may require the delivery representative of the Application to return to the Merchant’s location to complete or rectify the Order, the resulting delivery commission fee shall be on the Merchant.
• The Merchant agrees that the duration of each Order processing (specified in the Application) shall be a maximum time starting from the time of receiving the Order from the Customer (buyer through the Application). In the event that the Merchant is late in preparing and processing the Order within the specified time limit and the Order from the Customer gets cancelled, Sofra application is entitled to the total value of the Order + convenience fee + administrative fee and compensatory damages (this percentage may be reconsidered by increase or decrease in the future by a separate written agreement).
• The Merchant agrees that if the Order is delivered later than the agreed time due to delay in preparation and processing causing the Customer to cancel the Order before or during delivery, Sofra application is entitled to the total value of the Order + convenience fee + administrative fee and compensatory damages (this percentage may be reconsidered by increase or decrease in the future by a separate written agreement).
• The Merchant agrees that if the Customer (the buyer through the Application) refuses to collect the Order because it is different from what they ordered through the Application, Sofra application is entitled to the total value of the Order + convenience fee + administrative fee and compensatory damages (this percentage may be reconsidered by increase or decrease in the future by a separate written agreement).
• The Merchant agrees that if the Customer (the buyer through the Application) refuses to collect the Order because it is different from what they ordered through the Application or it was an error from the Merchant, the Merchant shall bear the delivery fee if they require to return the goods/purchases.
• The Merchant agrees that Sofra application shall receive the value of the Orders from the delivery representative that collects the value from Customers (the buyer through the Application) directly upon delivery of the Orders. A commission deduction of 15% + VAT at applicable rate shall be applied to the entire value of Orders, which is subject to change as mentioned in the Commission Clause above, the Merchant acknowledges that these charges are applicable, whether that is in cash or by credit/debit card.
• The Merchant agrees that Sofra application shall deduct 15% + VAT at applicable rate from the entire value of the Orders, which is subject to change as mentioned in the Commission Clause above, which is paid excluding the delivery value. The remainder value shall be sent to the Merchant’s account on a Bi-weekly basis (every two weeks).
• The Merchant agrees that the Merchant alone shall bear the fees arising from payments made by credit/debit card, or other payment methods, and that Sofra application shall not pay this fee. Sofra application commission is exclusively specified at the percentage mentioned above in the Commission clause, from the total value of each Order.
• Sofra application will provide the Merchant with a statement of account showing the total value of Orders delivered to the Customers and percentage of agreed commission.
• The Merchant agrees and commits to prepare a statement of account every two weeks to confirm with the statement of account submitted by Sofra application. In case of receiving the statement of account by the Sofra application and failing to make any observations or objections within two working days from the date of receipt, then the statement of account sent by Sofra application shall be deemed valid in all cases without any objection from the Merchant.
• If the Customer (the buyer through the Application) makes an Order and choose to pay cash upon delivery, but the Customer, unjustifiably or due to reasonable cause, abstained from receiving the Order or responding to phone calls, the delivery representative shall return the Order to the Merchant and the latter shall bear product expenses, and Sofra application shall not receive the agreed commission.
• In the event, the Merchant delays processing the Order which result in the Customer canceling the Order, the agreed Sofra commission rate shall still be applied. This also shall apply in case the Merchant receives the Order request from the Customer but fails to accept it through the Application within 10 minutes, leading to delay of the Order delivery and/or Customer cancelling the Order.
• The Merchant is also responsible for all activities that occur in their account. You agree to notify us through Email, immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Sofra account for any purpose and that you will be liable for such unauthorized access.
• The Merchant agrees that they are not entitled to deal with any company, enterprise or other entity operating in the same or similar field of Sofra application for the duration of this contract, under the penalty of removing the Merchant from Sofra application.
• The Merchant agrees that this contract is for delivery of Orders received through Sofra application only. The Orders received directly by the Merchant are not related to Sofra application, the Merchant shall be responsible for delivery of such Orders in the manner deemed appropriate to them.
• The Merchant shall be committed to follow up on Orders and notifications received through the Application on a permanent basis that ensures prompt execution and processing of Orders.
• Also, the Merchant recognizes and acknowledge their full responsibility for the items they produce or sell and their conformity with customary requirements and specifications, Sofra application shall have no responsibility or held liable.
• The Merchant agrees that the period of the partnership with Sofra application is one calendar year from the date of approving these terms, conditions and usage policy, which shall be renewed for a similar period unless the Merchant notifies Sofra or vice versa their desire to cancel their partnership (at least 30 days before expiration of the contract or any subsequent renewal) on the registered e-mail during the Merchants registration to Application.
• The Merchant confirms that if this Agreement is terminated by them (Merchant) before the expiry of the Term, the Merchant is deemed to give a written notice 3 (Three) months prior to the Termination Date to Sofra, while preserving Sofra’s rights to claim damages. It is mutually agreed that any action contrary to this Clause, immediate action will be taken by Sofra and Merchant will be liable to contractual and other legal damages.
• The Merchant agrees that in case of breaching the obligations contained in these terms, conditions and usage policy, Sofra shall have the right to terminate the contract without referring to the Merchant, and may, in that case, suspend the Merchant account on the Application, and reserve the right to claim the full benefits and charges.
• Sofra is constantly evolving in Order to provide the best possible experience and information to its Customers (the buyer through the Application). You as a Merchant acknowledge and agree that the form and nature of the Services which Sofra provides, may require affecting certain changes in it, therefore, Sofra reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
• Upon the end of the partnership period in the Application or upon suspension of the Merchant’s account for whatever reason, both the Merchant and Sofra application shall take the statutory procedures that preserves both rights and protects both from harm.
• All fees payable by the Merchant to Sofra application pursuant to this Agreement are exclusive of VAT and similar taxes, and you will be required to pay any taxes that Sofra Application is legally obligated to charge on such amounts. Sofra application shall provide the Merchant with a Tax Invoice for all fees and applicable VAT payable by the Merchant.
• The obligation to charge VAT on the sales made through Sofra application only extends to Merchants that are registered or are required to register for VAT in the UAE. If the Merchant is required to register for VAT, then they will need to consider the requirement to charge VAT on their sales of goods and services to Customers in the UAE. It is the responsibility of the Merchant to determine their requirement to be registered for VAT. It’s the responsibility of the Merchant to ensure that they are VAT compliant.
• Except or otherwise stated in this Agreement, the Merchant will be responsible for determining whether taxes apply to the sale on Sofra application. The Application shall not be responsible to collect, report, or remit any taxes arising on any of the Merchant transactions.
• All prices published on Sofra application must include the amount of any applicable VAT. The Merchant should consider the price for the products as inclusive of any VAT or other tax that the Merchant may be required to remit in connection with such sale.
• As a Merchant on Sofra application, it is the Merchant responsibility to comply with the VAT Law at all times. This includes issuing valid tax invoices for sales made to Customers, collecting VAT (if applicable) and payment of VAT to the UAE Federal Tax Authority (“FTA”).
• It is the Merchant sole responsibility to comply with all legal and VAT requirements for issuing Tax Invoices to Customers in respect of their sales transactions.
• In case of returned Orders for which a refund is authorized to the Customer, the Merchant is required to provide the Customer with a valid Tax credit note.
Sofra application has the right to provide Customers (the buyer through the Application) the opportunity to evaluate the Merchant, and the Merchant shall not object or request the rating be deleted or removed, unless there is an abusive comment contrary to public decency.
The Merchant agrees that the correspondences exchanged between them and Sofra application shall be through the correspondence details provided by the Merchant when registered on the Application, and no correspondences other than those mentioned in this article shall be considered.
The Merchant shall be committed to provide Sofra application with an official and sealed letter by a bank operating in the UAE (IBAN's letter) containing information of the Merchant bank account.
Courts of the Emirate of Abu Dhabi shall be competent to consider, implement and interpret any dispute arising out of conditions, terms and usage policy.
The Merchant shall perform the task assigned to them in accordance with scope agreed and described under the Application. The Merchant shall be required to maintain confidentiality in all acts subject to these conditions, terms and usage policy.
The Merchant agrees and recognizes that any patent, trademark, service mark, copyright, moral right, right to design, expertise, other intellectual property rights, whether registered or in the process of registration or non-registered, and any similar rights worldwide are intellectual property rights of Sofra application, and the Merchant may not:
• Copy, adapt, modify or correct any intellectual property right to Sofra application without prior written consent; breaching, disabling, manipulating, developing or using any alternative solution to disrupts the use of Sofra application.
• The Merchant approves and agrees to grant a non-exclusive and property-rights-free for the use of their trademark containing the logo, name and website for the duration of the contract. The Merchant also acknowledges and pledges that their trademark does not and will not violate any intellectual property rights of a third party. Sofra application retains the right to use the Merchant trademark on the Application, for marketing purposes and as reasonably necessary to provide a delivery service. To avoid suspicion, the Merchant shall retain all their intellectual property rights for their logo or trademarks.
It is a platform, that focuses on brining freshly homemade food to your door steps.
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