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.
InstaShop 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 InstaShop mobile applications or websites (collectively, Services).The Services are restricted to the selected territory of the United Arab Emirates (UAE).
By using the Services, you automatically agree to the Terms of Service.
InstaShop 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.
2.2. Order placement / contractual relationshipBy placing an order, 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 InstaShop. InstaShop 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 limitationsThe range and prices of Groceries may differ depending on the delivery location.
2.4. Volume limitationsUser might be contacted by InstaShop to confirm the order in the following cases:
2.5. Amending and cancelling ordersThe 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 / SubstitutionThe primary objective of InstaShop 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. InstaShop 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 InstaShop 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 deliver substitute products in the event that selected products are unavailable, the User may reject these substitutes upon receiving the Groceries. 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.
3.1. Delivery of GroceriesGroceries will be delivered directly to the delivery address specified by the User. Deliveries are performed either by the Shop personal delivery service or by a delivery partner, 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 the reception desk of business Users.
3.2. Delivery times and adherence to delivery periodsInstaShop endeavors to deliver Groceries within 30 (thirty) to 60 (sixty) minutes average delivery time location dependant or as scheduled. InstaShop does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of InstaShop’s control that may result in early or delayed deliveries. You agree that InstaShop shall not be liable for any deliveries made outside the expected delivery time frame.
3.3. Delivery receiptAfter you have placed your order and the Shop has prepared all the items, we will send you an sms with the link to your electronic receipt whenever technologically possible. The receipt is intended to include the final items for which you are requested to pay. The customer may receive a physical copy as well after such a receipt is requested.
3.4. Cancellation of a delivery by InstaShopIf, for reasons beyond InstaShop’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, InstaShop is entitled to cancel the User’s order. In this event, the User is not entitled to compensation or pecuniary of in kind.
4.1. PricesAll prices are quoted in UAE dirhams. 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 prepacked and price-labelled fresh products, the applicable price is the one in force when the order is prepared. InstaShop reserve the right to change prices as to update them at any moment.
4.2. Payment methods / creditworthinessYou can choose from the following ways of paying on delivery, depending on the products and the means of dispatch and as per technical availability:
5.1. Product informationWe 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.
7.1. Prepay mobile phone creditInstaShop 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.
8.1. Special offersThe User accepts that offers available from InstaShop often differ from those available from Shop sales channels.
8.2. Loyalty bonusesInstaShop may award loyalty bonuses in a form solely decided by InstaShop and may withdraw loyalty bonuses at any point and without warning or liability
10.1. Data protectionData 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. InstaShop 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.
10.2. ReleaseYOU AGREE THAT NEITHER INSTASHOP NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY Shop. NEITHER INSTASHOP 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 INSTASHOP 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.
10.4. DisclaimerUSE 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. INSTASHOP 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 INSTASHOP SOFTWARE APPLICATIONS. INSTASHOP 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 INSTASHOP SOFTWARE APPLICATIONS OR THE SUPPORT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF INSTASHOP'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION ShopD THEREIN. INSTASHOP 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, INSTASHOP SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. INSTASHOP, 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. INSTASHOP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. INSTASHOP 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.
10.5. Limitation of LiabilityYOU AGREE THAT INSTASHOP 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 INSTASHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT INSTASHOP 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 INSTASHOP'S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO INSTASHOP 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.
10.6. WaiverNo waiver of any rights or remedies by InstaShop shall be effective unless made in writing and signed by an authorised representative of InstaShop. A failure by InstaShop 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.
10.7. IndemnityYou agree to defend, indemnify and hold harmless InstaShop 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. InstaShop 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.
10.8. TerminationAt its sole discretion, InstaShop 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, InstaShop 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, you Account will remain enforceable against you. You may terminate Account at any time, however InstaShop 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.
10.9. Dispute ResolutionThe parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in Dubai, UAE utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator. The arbitrator shall be required to follow the law.
10.10. Governing Law and SeverabilityThis Agreement is governed by the laws of Dubai, UAE, The Dubai courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts. 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, 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. Any offer for any product, feature, service or application made on this Software Applications is void where prohibited.
10.11. No AgencyNo independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
10.12. Changes to the AgreementInstaShop 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 firstname.lastname@example.org.
UAE, Dubai - updated June 12, 2016