Terms & Conditions
Welcome to Go Baqala!
Here you can find all the terms and conditions that we apply in order to perform our provided services at the highest level of our standards. If you’re here, that means you’re smart enough to read them carefully before using our services.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
* GENERAL SCOPE
GoBaqala provides software-based delivery services for goods such as food, beverages and other grocery products (collectively, Groceries). These terms (Terms of Service) apply when you use the GoBaqala mobile applications or websites (collectively, Services).
By using the Services, you automatically agree to the Terms of Service.
GoBaqala is a platform for facilitating the exchange of services between individuals (User) who are willing to order Groceries via our partners (Shops) that are willing to collect and deliver the ordered Groceries.
* REGISTRATION and ORDERING PROCESS
2.1. REGISTRATION
You are the sole authorized User of any account (Account) you create using the Services. Your action of registration constitutes your acceptance of the Terms of Service and the Privacy Policy, and your state that you are not less than 21 (twenty-one) years of age. Registration is free of charge. No entitlement exists for admission to the Service. The data required for registration provided by the User must be complete and accurate. The User is responsible for updating his/her own data that can be amended at any time from the respective interface of the Service. GoBaqala has no responsibility over the use of the User account and expressly disclaims any liability therefrom. Should you suspect that any unauthorized party might be using your Account, you are obligated for your own security to notify GoBaqala immediately by emailing us at contact@gobaqala.ae. By providing your mobile phone number to GoBaqala pursuant to the use of the Service, you hereby affirmatively consent to our use of your mobile phone number for contacting you directly in order to perform the Services, including but not limited to occasionally send notifications, text messages with promotional offers, service updates and reach out to you to survey regarding the quality of our services.
2.2. ORDER PLACEMENT / CONTRACTUAL RELATIONSHIP
By placing an order through the application or the website, the User confirms the accuracy of all the information he/she provides. Orders are confirmed to the User within Service interface. No contractual relationship exists between User and GoBaqala. GoBaqala may decide for any reason whatsoever to not accept an order and to refuse to perform it. User may schedule the order for a selected time, date, week or month as per availability of Service.
2.3. VARIETY LIMITATIONS
The range and prices of Groceries may differ depending on the delivery location.
2.4. VOLUME LIMITATIONS
User might be contacted by GoBaqala to confirm the order in the following cases:
* If the total items in an order exceed 100 items or if an order contains 15 or more same items
* If the order placed requires more than one delivery personnel to be handled by due to volume limitations.
In all cases, GoBaqala reserves the right to limit the delivery quantity for particular products or, if needed, not to deliver a particular product at all as per the availability of the Groceries.
2.5. AMENDING AND CANCELLING ORDERS
The User may not be able to amend the order once it has been confirmed as per the technical features provided by the Service. A confirmed order is eligible for cancellation for a limited time period until it is disbursed for delivery post to its submission as per the technical specifications of the Service.
2.6. INCOMPLETE ORDER FULFILLMENT / SUBSTITUTION
The primary objective of GoBaqala is to deliver all the products ordered in the right quantity and to a high quality standard. User acknowledges that the Groceries are subject to stock availability and to human errors. GoBaqala reserves the right to amend your order in whole or in part, at any time and without liability or compensation remove any item that is out of stock, damaged, spoiled, or unavailable for any other reason, to successfully complete your order. It’s in our best intention to maintain the replaced item’s price the same as per the brand you ordered but in case of a higher valued replacement, the price may increase. We do our best to ensure that all items shown on our website are available to order. If, however any product you order is out of stock or unavailable we may send you a push notification enabling you to select a substitute. If an item is not delivered, despite being billed, the amount in question will be credited to the User at a reasonable time after GoBaqala becomes aware of this. No subsequent delivery is obligatory to be made, and the customer is not entitled to claim any further compensation. If for any reason beyond our reasonable control, we are unable to supply a particular item, we will not be liable to the User. Please note that we will attempt to send the User push notification of substitute products in the event that selected products are unavailable, the User may reject these substitutes. Although we will always try to cater for your orders, an order of unusually large quantities of different or one product can only be fulfilled at the discretion of the Shop.
GoBaqala reserves the right to forward a user order to another shop then the one initially selected from the user without informing the user in the event that the initial shop fails to fulfil the order. In this case the new shop the total value of the goods ordered should be the same or lower than the value as per the pricelist of the initial shop. The payment method will remain the same.
* DELIVERY
3.1. DELIVERY OF GROCERIES
Groceries will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the Shop personal delivery service, by a delivery partner, or by GoBaqala delivery team, depending on the nature of the goods and the delivery location. Goods will be delivered to the front door of private residences (as far as accessible) and to the reception desk of business Users.
3.2. DELIVERY TIMES AND ADHERENCE TO DELIVERY PERIODS
GoBaqala endeavors to deliver Groceries within 30 (thirty) to 60 (sixty) minutes average delivery time location dependent or as scheduled. GoBaqala does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of GoBaqala’s control that may result in early or delayed deliveries. You agree that GoBaqala shall not be liable for any deliveries made outside the expected delivery time frame.
3.3. DELIVERY RECEIPT
The shop holds the responsibility to provide the user with the receipt upon delivery.
3.4. CANCELLATION OF A DELIVERY BY GOBAQALA
If, for reasons beyond GoBaqala’s control - such as an incorrect delivery address, the recipient's absence, lack of an access permit, bad weather conditions, or similar, it should prove impossible or possible only with great difficulty, to carry-out the delivery successfully, GoBaqala is entitled to cancel the User’s order. In this event, the User is not entitled to compensation or pecuniary of in kind, however; in case of online payment, the refund will be initiated by GoBaqala at the soonest possible post the cancellation of the order, it is the responsibility of the bank to transfer the amount to the users account, which takes approximately 3-5 working days.
* PRICES AND PAYMENT
GoBaqala endeavors to provide you with accurate and up-to-date pricing, product availability and promotional information. Discrepancies are possible and you agree not to hold GoBaqala liable in such instances.
4.1. PRICES
All prices are quoted in the country’s local currency where GoBaqala is operating. For the countries where VAT is applicable the prices displayed on the app/website will be VAT inclusive. Where goods may be charged by weight (fruit, meat, cheese, etc.), the basic price per unit applies. The quantity of such goods actually delivered, and therefore the price charged, may differ from the quantity originally ordered. For pre-packed and price-labelled fresh products, the applicable price is the one in force when the order is prepared. GoBaqala reserve the right to change prices as to update them at any moment.
4.2. PAYMENT METHODS / CREDITWORTHINESS
You can choose from the following ways of paying on delivery, depending on the products, the means of dispatch and as per technical availability:
* Credit card reader on delivery
* Cash on delivery
* Online payment
* We accept payments online using Visa, MasterCard and AMEX (valid for UAE only) credit or debit card in the currency of the country where the User is located at the time of ordering.
* If you make a payment for our products or services on our website or application, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
* The cardholder must retain a copy of transaction records and Merchant policies and rules.
The User can select which payment method is preferred. The payment methods available are displayed for selection when the order is finalized. If for any reason the online payment transaction is declined, GoBaqala is entitled, at its soles discretion, to offer the User cash on delivery payment option or credit card reader on delivery where available.
In the event that you have paid for an order with Apple Pay, Samsung Pay or another wallet and such payment fails to process, you authorise GoBaqala to charge the order in any authorised credit card you may have on our platform.
* PRODUCT DECLARATION
5.1. PRODUCT INFORMATION
We take care to update the product information in the Service regularly. In rare cases, the information may deviate from the details printed on the product packaging. In such an instance, the information on the packaging takes precedence. Because recipes may change anytime, we recommend that you regularly consult the ingredients list and allergy-related information on the packaging.
* GUARANTEE of DATA COMMUNICATION
Given the current state of the technology, no guarantee can be given that data communication via the internet will be error-free and/or available at all times. GoBaqala therefore accepts no liability in respect of the constant, uninterrupted availability of the online shop, nor for technical and electronic faults during sales transaction, in particular for any delay in processing or accepting orders.
* SPECIAL PRODUCT CONDITIONS
7.1. PREPAYED MOBILE PHONE CREDIT
GoBaqala sells mobile phone credit of various providers as for example: Etisalat and DU. Mobile phone credit should be activated as soon as possible. The activation code is valid only once. No exchanges or refunds are permitted.
* DISCOUNTS, PRIVILEGES & VOUCHERS
8.1. SPECIAL OFFERS
The User accepts that offers available from GoBaqala often differ from those available from Shop sales channels.
8.2 GOPOINTS
GoPoints is an innovative way of rewarding customers with points in the application or website that can be converted to credit in an upcoming grocery order.
8.3 GOFRIEND (REFERRAL PROGRAM)
GoFriend is a referral program through which users can invite family & friends to use GoBaqala and receive InstaPoints as a reward in the application once the invited users place their first order.
8.4. PARTNERS (SHOPS) LOYALTY CARD
When making your purchases from shops that apply a customer reward system, through the App, you have the opportunity to enter your membership card number in the corresponding field when completing the order so as to ensure that the points corresponding to the purchases you made are credited to the account you have in the respective shop.
* CUSTOMER SERVICE & COMPLAINTS
GoBaqala Customer Service provides information regarding any questions, issues or complaints related to the GoBaqala service. Users may contact GoBaqala via e-mail contact@gobaqala.ae , drop a message through the app or call the customer service line (+97126650060). Missing items must be reported immediately on reception of the Groceries, otherwise Groceries are considered to have been accepted by User as being in perfect condition. Latent defects must be reported to GoBaqala customer Service immediately after they come to light, although in these cases there are limitations of error acknowledgement.
* TIPPING
Tipping is a way GoBaqala users can reward the drivers and pickers (staff) that are involved in executing their orders via the GoBaqala mobile applications or websites. Users tip the staff directly via the credit/debit card they have registered. Any tip paid by the customer via the GoBaqala mobile applications or websites will be non-refundable. All tips paid by the customer will be paid in the local currency of the country from where the orders are placed.
Upon rating an order with GoBaqala, the customer will have the option to make a discretionary payment of a tip to GoBaqala in addition to the purchase price of the items in the order. GoBaqala will subtract any transactional fees related to the online payment gateway and bank transfer cost and shall transfer the remaining amount to staff involved in the execution of each specific order at a monthly or bimonthly basis. Therefore Any charges levied by the bank or payment gateway will be covered by the staff. Tipping is "voluntary” and at the sole discretion of each user.
GoBaqala may at its sole discretion decide the exact allocation of the tip between the various staff members that contributed to the execution of the orders.
It is the sole responsibility of the picker and driver to provide accurate bank details to GoBaqala via the online verification/validation form. GoBaqala will not be liable in case of inaccurate information provided or incorrect bank transactions.
* GENERAL TERMS
11.1. DATA PROTECTION
Data collected are treated as confidential and in good faith. When registration is made, your data is collected for business and marketing purposes in the form of personal information such as last name, first name, address, email address and phone number. In addition to data explicitly entered, information is gathered automatically from the log files when you access the Services interface. GoBaqala makes a distinction between master data (e.g. IP address, time and date of access) and activity data (e.g. name of file accessed, paths clicked on). For statistical purposes, this data is anonymously assessed. GoBaqala may share the address, phone number, and other required info with partner supermarkets for fulfillment of orders or to have CRM systems aligned.
11.2. RELEASE
YOU AGREE THAT NEITHER GOBAQALA NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY SHOP. NEITHER GOBAQALA NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY Shop. IN THE EVENT YOU HAVE A DISPUTE WITH ANY Shop, YOU HEREBY RELEASE GOBAQALA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11.3. SHOP LICENSE/ SUBMISSIONS
Service may now or in the future permit the submission, sharing or publishing of photographs, communications or other content submitted by you and other users ("User Submissions"). Other than personally identifiable information, which is covered under the GoBaqala Privacy Policy available at https://www.GoBaqala.ae/privacy (http://GoBaqala.ae/privacy), any User Submission transmitted or posted to this Software Applications will be considered non-confidential. In addition, by submitting any User Submission to GoBaqala, you hereby grant GoBaqala a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Submission in connection with the Services, the Support and GoBaqala's business. We hereby grant each User of the Service a non-exclusive license to access their User Submissions through Service and to display and publicly perform such User Submissions as permitted through the functionality of Service and under these Terms and Conditions. In connection with the User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant GoBaqala all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of GoBaqala or any third party; or (iv) impersonates another person. GoBaqala reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person. GoBaqala does not endorse any User Submission or any opinion, recommendation or advice therein, and GoBaqala expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against GoBaqala with respect thereto. GoBaqala may provide links to Software Applications owned or operated by third parties. GoBaqala does not endorse the content or any products or services available on such Software Applications and is not responsible for such content or its security. Your linking to any other Software Applications from this Service is at your own risk.
11.4. DISCLAIMER
USE OF THE SUPPORT IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE APPLICATIONS AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SUPPORT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GOBAQALA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SUPPORT OR THE CONTENT OF ANY SOFTWARE APPLICATIONS LINKED TO THE GOBAQALA SOFTWARE APPLICATIONS. GOBAQALA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE GOBAQALA SOFTWARE APPLICATIONS OR THE SUPPORT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF GOBAQALA'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION THEREIN.GOBAQALA DOES NOT WARRANT THAT THE SOFTWARE APPLICATIONS WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE APPLICATIONS AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SOFTWARE APPLICATIONS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GOBAQALA SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. GOBAQALA, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. GOBAQALA MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. GOBAQALA AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
11.5. LIMITATION OF LIABILITY
YOU AGREE THAT GOBAQALA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SUPPORT; (II) THE LIABILITY OR FITNESS OF ANY CUSTOMER (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE SOFTWARE APPLICATIONS OR YOUR LINKS TO OTHER SOFTWARE APPLICATIONS FROM THIS SOFTWARE APPLICATIONS, EVEN IF GOBAQALA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT GOBAQALA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL GOBAQALA'S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO GOBAQALA HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
11.6. WAIVER
No waiver of any rights or remedies by GoBaqala shall be effective unless made in writing and signed by an authorized representative of GoBaqala. A failure by GoBaqala to exercise or enforce any rights conferred upon us by Terms of Service shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
11.7. INDEMNITY
You agree to defend, indemnify and hold harmless GoBaqala and its officers, directors, employees, agents and affiliates (each, an Indemnified Party), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Software Applications or from any breach by you of Terms of Service, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. GoBaqala shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
11.8. TERMINATION
At its sole discretion, GoBaqala may modify or discontinue Service, or may modify, suspend or terminate your access to Service or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to Service or the Support, GoBaqala reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, your Account will remain enforceable against you. You may terminate Account at any time, however GoBaqala do not guarantee its termination due to technical availability. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of Account.
11.9. GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law. This Agreement and your use of the Services of GoBaqala are governed by and construed in accordance with the applicable laws in the country where the User is located at the time of ordering or using the Services of GoBaqala
Without regards to its conflict of laws principles, If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, or if any provision of this Agreement violates any applicable laws and regulations of any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
If any dispute of any kind arises between the Parties in connection with this Agreement, the Parties shall seek to resolve any such dispute by mutual consultation and in an amicable way.
If the Parties fail to resolve such dispute by mutual consultation or in an amicable way within sixty (60) days from the date of notification of one Party to the other of the existence of such dispute, the dispute shall be submitted to the exclusive jurisdiction of the competent Courts of the country where the User is located at the time of ordering or using the Services of GoBaqala (excluding Free Zone courts).
The foregoing provisions of this clause are without prejudice to the right of GoBaqala to seek interim relief at any time from any court of competent jurisdiction and GoBaqala shall not be deemed to have breached this clause. This "Dispute Resolution” section will survive any termination of this Agreement.
11.11. NO AGENCY
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
11.12. CHANGES TO THE AGREEMENT
GoBaqala reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Software Applications or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Contact us If you have any comments or questions, please do not hesitate to reach out to us at contact@gobaqala.ae.
11.13. Cleaning Service
GoBaqala books cleaning sessions through its applications and website. For the terms and service please check the following link: www.gobaqala.com
11.14. Pharmacy Service
GoBaqala also provides pharmaceutical products through its applications and website. For the terms and service please check the following link: www.gobaqala.com
11.15. Contact details
UAE | Baniyas Tower Alkhalidiya, AbuDhabi UAE| Tel: +97126650060 | Email: contact@gobaqala.ae
Updated August 29, 2023
