Terms of use


In consideration of esoq ("esoq.com ," "we," "us" or "our") providing you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf we grant you access, such company and organization) access to our Internet website, www.esoq.com or our mobile site, m.esoq.com (collectively, the "Site"), our blog (the "esoq blog"), our pages and/or accounts on social media websites (the "esoq.food"), our mobile applications (the "esoq.com Apps") and our text messaging service (the "express delivery"), and the information, documents, reports, data, features, functionalities and software that may be offered to you through or in connection with your use of and/or access to the Site, the esoq blog, the esoq.com Apps, the express delivery and the other materials on the Site, the esoq blog, the esoq.com Apps and/or the express delivery (collectively, and as such may be revised from time to time by us, the "Content"), and, if applicable, you becoming and being a Partner, you hereby agree to the following terms and conditions and privacy policy (together with the Partner Program Terms and Conditions, if agreed by you, collectively, these "Terms of Use").
esoq.com may modify these Terms of Use from time to time upon written notice or posting to the Site. It is your responsibility to review these Terms of Use periodically. You agree that if you use the Site, the esoq blog, the esoq.com Apps, the esoq.food, the express delivery and/or the Content after such notice or posting of changes in the Terms of Use, you will be bound by all such changes and these Terms of Use.

GENERAL
The Site is owned and operated by esoq Our merchant network available on the Site and the esoq.com Apps is solely a facilitator of communications between the merchant members and users. Unless express delivery stated otherwise on the Site or the esoq.com Apps, the goods and services featured on the Site and the esoq.com Apps are offered, provided, sold and delivered by the merchant members, not us. We are in no way responsible for the quality of goods or services offered by the merchant members. All questions regarding merchant members’ products and/or services featured on the Site and the esoq.com Apps should be directed to the appropriate merchant members.
Please see our esoq Points Program Terms of Use, the terms of which are incorporated herein by reference, for additional terms and conditions applicable to esoq Points and Tell a Friend promotions. Please note that in our sole discretion at any time and with or without notice, we may offer further incentives or promotions, shorten or extend the duration of any incentive or promotion program and/or terminate or modify any incentive or promotion program.
PROMOTIONS; DISCOUNTS; SWEEPSTAKES
Promotions and discounts that may be made available from time to time on the Site, the esoq, the esoq.com Apps and/or the esoq Social Media are offers that are limited in time and scope and are void where prohibited or restricted by applicable law, rule or regulation. Without limiting the foregoing and in addition thereto, esoq.com reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any promotions and/or discounts, in each case, in whole or in part, at any time without notice and for any or no reason.
A promotion or discount is limited to one (1) per User ID and cannot be used for multiple, non-qualifying or past orders. Non-qualifying orders include, without limitation any orders paid for with cash. A promotion or discount may be limited to specific qualifying items, as may be further described in the additional terms and conditions applicable to any promotion or discount or as may be designated by esoq.com from time to time. A promotion or discount is not transferable, may not be resold and may not be combined with any other promotions or discounts. Unless otherwise indicated in the additional terms and conditions applicable to any promotion or discount or designated by esoq.com from time to time, if there is a minimum purchase requirement, tax, tip, delivery fee and other charges are excluded from the calculation of such minimum purchase requirement. If a promotion or discount is in the form of a promo code, such code must be entered in the promo code section at checkout to be redeemed. Without limiting anything set forth in these Terms of Use and in addition thereto, by redeeming a promotion or discount, you express delivery your understanding of and agreement to these Terms of Use and any additional terms and conditions applicable to any promotion or discount.
In addition to these Terms of Use, other terms and conditions may apply to certain services and/or features made available on the Site, the esoq blog, the esoq.com Apps and/or the esoq Social Media from time to time. By way of example but not limitation, such other terms and conditions may describe official rules for contests or sweepstakes on the esoq blog or the esoq Social Media. Such terms and conditions are in addition to and subject to these Terms of Use. Not with standing anything to the contrary, becoming or being a partner (or Partner, as the Site, the esoq.com Apps, these Terms of Use and/or the Partner Terms and Conditions may state) does not entitle you to any benefits or rights, unless express delivery agreed by us in writing signed by our authorized officer.
PRICES; AVAILABILITIES; TAXES
The information contained on the Site and the esoq.com Apps regarding prices, specifications and availability of the products and/or services listed on the Site and the esoq.com Apps has been provided by merchant members. Merchant members advised us that the prices charged by merchant members on the Site and the esoq.com Apps are generally the same as the prices charged in their brick-and-mortar stores at the time an order for products is delivered or available for pickup or at the time an order for services is fulfilled, as applicable. Although esoq.com attempts to make certain that the prices, specifications and availability listed on the Site and the esoq.com Apps and those posted in the stores on the date they are viewed on the Site and the esoq.com Apps are the same, and that unavailable products and/or services (e.g., out-of-stock items or out-of-geographical range or discontinued services) are clearly marked or removed from the inventory on the Site and the esoq.com Apps. Prices, specifications and availability of products and/or services may differ and are subject to change, including if you select a delivery or pickup date that is different from the date on which you place your order. Also, prices charged by merchant members that use third party delivery services may sometimes be different than those charged in their physical stores.
Past orders that were paid for with discounts or promotions will not be eligible for reordering using express delivery. To calculate the total price of an order you placed on the Site or the esoq.com Apps, merchant members use the information collected at the time you placed such order on the Site and/or the esoq.com Apps, as applicable, in each case, as evidenced by our systems. If the information you entered is incorrect or additional information is submitted, merchant members may update your order, including the total price, accordingly. For example, in case of an order you placed on the Site or the esoq.com Apps for laundry services, if you entered the wrong information regarding the number (e.g., "5" shirts instead of "6") or type (e.g., "skirt" instead of "dress") of items, your order may be updated by the merchant member. Additional fees and charges may apply as a consequence of such update. Further, certain products and/or services may no longer be available after merchant members review and/or update your order. We will of course let you know of any price update as your order is being processed!
Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. While esoq.com has undertaken to confirm the accuracy of the information contained on the Site and the esoq.com Apps, mistakes can be made, including due both to inaccurate reporting of accurate information and accurate reporting of inaccurate information. Of course, if you become aware that the Site or any of the esoq.com Apps contains inaccurate information, please let us know by contacting us.
Any and all sales, use and other taxes which may be levied as a result of your access to and/or use of the Site and/or the esoq.com Apps are and shall remain your sole responsibility, excluding only taxes based on our net income.
All or a portion of your order amount, including Fees and Charges (as defined in the "Fees; Gratuities" section), may not be refundable depending on when your order is cancelled. If you need to cancel your order, please contact support by phone at 13336333 or email at support@esoq.com.
OFFICE ACCOUNT; TAX EXEMPT PURCHASES
Companies or organizations may be eligible to open a esoq.com office account pursuant to a separate agreement with us ("Office Account"). Any such company or organization may elect to pay for certain orders placed using User Codes recognized by our systems as being associated with the applicable Office Account. Such company or association may be able from time to time to set certain settings for the orders it will pay for (e.g., lunch hours, delivery at the office address, order amount covered, etc.) Details of any and all such orders may be shared with and/or made available to such company or organization, including for record keeping and/or billing purposes. You hereby acknowledge and agree to such sharing and/or making available.
In the event that you provided us with a tax exemption certificate and/or other equivalent tax exemption documentation or information acceptable to the relevant tax authority for the Office Account, certain orders placed using the User Codes recognized by our systems as being associated with such Office Account may be eligible for tax exemption. In such case, a tax exemption may be applied at checkout by following instructions on the checkout page of the Site. You further agree that, if you do not use the products and/or services purchased using the User Codes recognized by our systems as being associated with such Office Account for the purpose for which the tax exemption applies, you will report and pay all applicable taxes and indemnify us against any liability, including interest and penalties, arising in respect of any applicable taxes. To qualify for tax exemption, you may be required by law, among other things, to pay using solely the payment method recognized by our systems as being associated with the applicable Office Account (e.g., a company credit card) and not a personal payment method (e.g., a personal credit card). You further represent and warrant that any and all purchases made using the User Codes are made with the tax-exempt organization’s funds. You are solely responsible for determining that any purchase made using any User Code recognized by our systems as being associated with the Office Account is eligible for exemption from applicable taxes and you agree that you will comply with any and all requirements existing from time to time for the obtaining and maintenance of tax exempt treatment for any purchases, including pursuant to applicable laws, rules or regulations, as well as with esoq.com's instructions from time to time.
FEES; GRATUITIES
Certain orders may be subject to a delivery fee, service charge and/or required tip, each as further described below (collectively, the "Fees and Charges") charged by the applicable third-party merchant(s) and/or third-party services provider(s) (which may include independently owned and operated esoq.com franchised businesses, collectively, the "Third Party Providers") and passed through to you. The "Delivery Fee" is a percentage or fixed fee that goes towards the delivery of your order. The "Service Charge" is a percentage fee or fixed fee that may include one or more of the following charges: a convenience fee, packaging fee, processing fee, and/or jurisdiction-specific fees (e.g., bag or healthcare fees). A small number of Third Party Providers also mandate we include a "Required Tip" with your order, which, where applicable, will be identified at checkout.
Fees and Charges are displayed prior to checkout and will be added to the total amount due at checkout for the applicable order for which you are responsible to pay. Please note that the Fees and Charges may change after checkout if your order amount changes (e.g., as a result of your special instructions or inaccurate information given when placing your order).
PROPERTY RIGHTS; COMPLIANCE WITH LAW
The Site, the esoq.com Apps, the express delivery, any and all content submitted by us on the esoq blog or the esoq Social Media, and the Content are our property and are protected by applicable copyright, patent, trademark and other intellectual property laws. Except as express delivery authorized herein, you may not, directly or indirectly, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit, in each case, whether in whole or in part, the Site, the esoq.com Apps, the express delivery, any and all content submitted by us on the esoq blog or the esoq Social Media, or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our express delivery written consent. Use of the Site, the esoq blog, the esoq.com Apps, the esoq Social Media, the express delivery or the Content in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the Bahrain or other countries), or any rights of any third party is prohibited. You agree not to use the Site, the esoq blog, the esoq.com Apps, the esoq Social Media, the express delivery or the Content for any unlawful purposes and to comply with any and all requests from us to protect our respective rights in the Site, the esoq.com Apps, the express delivery, any and all content submitted by us on the esoq blog or the esoq Social Media, and the Content. You agree that you will not, directly or indirectly, access, scrape, copy or otherwise use any portion of the Site, the esoq blog, the esoq.com Apps, the esoq Social Media, the express delivery or the Content to, in each case, whether alone or with others, engage in any activity or provide any product or service that, in our good faith judgment, is competitive with esoq.com’s products or services, or disparage or discredit esoq.com or any of esoq.com’s products or services. Further, you may not, and agree not to, sell, license or otherwise provide access to and/or use of any of the Site, the esoq blog, the esoq.com Apps, the esoq Social Media, the express delivery or the Content to any third party for any purpose whatsoever, including to build or offer a product or service that, in our good faith judgment, is competitive with esoq.com’s products or services. You may use the Site, the esoq.com Apps, the express delivery, any and all content submitted by us on the esoq blog or the esoq Social Media, and the Content only for your personal use. You may download the Content to your computer and print out a hard copy for your reference and internal use and display, but you will not remove any copyright, trademark or other notices or disclaimers contained in the Content. We express delivery prohibit the use of devices (including software) designed to provide repeated automated access to the Site, the esoq blog, the esoq.com Apps, the express delivery and/or the Content, including for any commercial purpose, except for those devices express delivery authorized by us. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Site, the esoq blog, the esoq.com Apps and/or the express delivery. If you have any questions about any materials posted on the Site, the esoq blog, the esoq.com Apps or the express delivery, we urge you contact your esoq.com representative.
NON-DELIVERY.COM CONTENT, PRODUCTS AND SERVICES; USER SUBMITTED CONTENT
We neither endorse nor are responsible for the accuracy or reliability of any information or content, including any opinion, advice or statement, made on the Site, the esoq blog, the esoq.com Apps, the express delivery or the esoq Social Media by anyone other than authorized esoq.com employee spokespersons while acting in their official capacities. We do not review and assume no responsibility for any information or content received from, or created by you or any third party. We reserve the right (but have and shall have no obligation) to monitor, modify, delete, limit or block access to, in each case, in whole or in part, any information or content submitted by you or any third party to or by otherwise using the Site, the esoq blog, the esoq.com Apps, the express delivery or the esoq Social Media. By submitting any information or content to or by otherwise accessing and/or using the Site, the esoq blog, the esoq.com Apps, the esoq Social Media and/or the express delivery, you unconditionally grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual, world-wide, fully paid, transferable, assignable and sub licensable right and license to use, copy, store, reproduce, modify, adapt, publish, translate, create collective and/or derivative works from, distribute, perform and display any such information or content, in whole or in part, and to incorporate any such information or content in any works in any form, media, software or technology now known or later developed, in each case, for any purposes whatsoever, including for advertising, marketing, publicity and promotional purposes, subject only to our privacy policies. You hereby waive all moral rights in any such information or content.
Furthermore, we do not review and assume no responsibility for any products or services mentioned on the Site, the esoq blog, the esoq.com Apps, the esoq Social Media or the express delivery, whether provided by esoq.com, affiliated companies or unaffiliated third parties. You agree to make your own independent evaluation of the products and services mentioned on the Site, the esoq blog, the esoq.com Apps, the esoq Social Media and/or the express delivery, including their quality.
HYPERLINKS; THIRD PARTY WEBSITES; SOCIAL MEDIA WEBSITES
In the event you use the Site, the esoq.com Apps, any and all content submitted by us on the esoq blog or the esoq Social Media or the links included on the Site, the esoq.com Apps or any and all content submitted by us on the esoq blog or the esoq Social Media to gain access to any World Wide Web site or any Internet location or a source of information, including social media websites, of any company, organization or person other than esoq.com, you acknowledge that such other sites, locations and sources are not under our control and agree that we will not be responsible for any information, content or links found at any such sites, locations or sources, for your use of such information, content or links found at any such sites, locations or sources, or for any such sites, locations or sources use of any information or content you submit, directly or indirectly (e.g., while using the Site, the esoq blog, the esoq.com Apps or the esoq Social Media). We provide such links only as a convenience to you, and have not tested any software or verified any content found at such sites, locations or sources. You further acknowledge that we make no warranties as to the availability of or otherwise related to any such links or any such sites, locations or sources. Your access to or use of such links or any such sites, locations or sources may be subject to their respective terms of use and it is your responsibility to read and comply with those terms of use. The fact that we have provided a link to any non-esoq.com site, location or source does not signify our sponsorship or endorsement of such site, location or source or any of the contents of such site, location or source. There are inherent risks in the use of any such links or any software and/or content found on the Internet, and you acknowledge that you understand these risks.
The Site and the esoq.com Apps use the xs4arabia® application programming interface but are not endorsed or certified by Foursquare Labs, Inc. All of the xs4arabia® logos (including all xs4arabia® badges) and the xs4arabia® trademarks displayed on the Site and the esoq.com Apps are the property of Foursquare Labs, Inc.
USER CODES
In connection with your use of or access to the Site, the esoq blog, the esoq.com Apps and the express delivery, we from time to time may provide you with user names, passwords and/or other unique identifiers ("User Codes"). You are responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing the Site, the esoq blog, the esoq.com Apps or the express delivery on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all orders, acts and/or omissions that occur while User Codes and/or a mobile phone that has a phone number provided by you and recognized by our systems to be associated with the User Codes are/is being used, in each case, whether by you or a third party. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site, the esoq blog, the esoq.com Apps or the express delivery. You are limited to one User Code. Duplicate User Codes may be revoked. We reserve the right to revoke or modify the User Codes at any time with or without prior notice. express delivery
In connection with your use of the Site and the esoq.com Apps, we, from time to time, may make available to you the express delivery, a text messaging service designed to allow you to use your mobile phone to see and/or reorder certain of the orders you previously placed using the Site and/or the esoq.com Apps. To use express delivery, send text messages to a phone number that may be provided by us from time to time from a mobile phone that has text/SMS capability and a phone number provided by you and recognized by our systems to be associated with the User Codes. You must provide us with a valid mobile phone number. Certain orders you previously placed using the Site and/or the esoq.com Apps, including orders to which a discount or promotion was applied, may not be available to reorder using express delivery.
Your mobile service carrier or provider may impose data usage, text message or other charges for your use of the express delivery, including sending or receiving text messages. Text messaging may not be available from all mobile phone service carriers or providers and mobile phone models. Mobile phone service may not be available in all areas. Check your mobile phone's capabilities for specifics.
You agree that we may send text messages to the mobile phone number you provided from time to time. Without limiting anything set forth in these Terms of Use and in addition thereto, the esoq.com Parties are not responsible for incomplete, lost, delayed or misdirected content and/or information provided through the express delivery, including due to any filtering by your mobile service carrier or provider or lack of reception. Each time you use the express delivery, including by sending us text messages, you are confirming your agreement to these Terms of Use.
CONSENT TO RECORDING AND MONITORING
You consent to our recording, retention and use of all content, information and data, including images, that you input or otherwise communicate during your access to and/or use of the Site, the esoq blog, the esoq.com Apps, the esoq Social Media and the express delivery or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the Bahrain and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right (but have and shall have no obligation) to monitor any and all access to and/or use of the Site, the esoq blog, the esoq.com Apps, the esoq Social Media and/or the express delivery .
CONSENT TO RECORDING OF TELEPHONE CALLS
You acknowledge that from time to time, we may record certain telephone calls used for the customer service and/or related purposes, and to the extent that any such recording occurs involving you, you consent to such recording.
USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES
You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, the esoq blog, the esoq.com Apps, the esoq Social Media, the express delivery, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, "Electronic Messages") may not be secure and communications using Electronic Messages may not be confidential.
In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that: (A) (i) you are the person to whom the User Codes you used to access the Site, the esoq blog, the esoq.com Apps or the express delivery were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is true, accurate, current and complete, or (ii) you are accessing the Site, the esoq blog, the esoq.com Apps or the express delivery on behalf of the company or organization to whom the User Codes you used to access the Site, the esoq blog and the esoq.com Apps were issued by us.
(B) if you are accessing the Site, the esoq blog, the esoq.com Apps or the express delivery on behalf of the company or organization to whom the User Codes you used to access the Site, the esoq blog, the esoq.com Apps and the express delivery were issued by us, you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms of Use on behalf of yourself and your principals and the company or organization on whose behalf we grant you access to the Site, the esoq blog, the esoq.com Apps and the express delivery.
(C) you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Site, the esoq blog, the esoq.com Apps, the esoq Social Media and the express delivery.
(D) unless we expressly authorize you to do so in writing, you will not use, reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purposes any portion of the Site, the esoq blog, the esoq.com Apps, the esoq Social Media, the express delivery and/or the Content.
(E) you will access and use the Site, the esoq blog, the esoq.com Apps, the esoq Social Media and the express delivery in compliance with any and all applicable law(s), rules(s) or regulation(s) (whether in the Bahrain or other countries) and the terms and conditions of these Terms of Use.
(F) if we grant you access to the Site, the esoq blog, the esoq.com Apps and the express delivery in your individual capacity, you are of the age of majority.
(G) you have all consents, rights and authority to provide and submit any and all information and content provided and submitted by you or using User Codes to or otherwise using the Site, the esoq blog, the esoq.com Apps, the esoq Social Media and the express delivery , and all such information and content (1) are true, accurate, current and complete and we may rely on such information and content; (2) are not libelous, defamatory, indecent, obscene, harassing, hateful or violent.
(3) are not meant to harm any esoq.com Parties or any third party; (4) do not constitute or include viruses or other harmful codes; (5) as well as their anticipated uses, do not violate, infringe or misappropriate any copyright, patent, trademark or other proprietary rights, or right of publicity or privacy of any esoq.com Parties or any third party; and (6) do not violate these Terms of Use, or any applicable law, rule or regulation (whether of the Bahrain or other countries).
INDEMNIFICATION
You shall indemnify and hold harmless esoq.com, its affiliates and its and their partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in these Terms of Use, (ii) your access to and/or use of the Site, the esoq blog, the esoq.com Apps, the esoq Social Media, the express delivery and/or the Content, and/or (iii) any and all information or content submitted by you or using User Codes to or otherwise using the Site, the esoq blog, the esoq.com Apps, the esoq Social Media and/or the express delivery , including for claims that any of it violates, infringes or misappropriates any proprietary rights, or right of publicity, privacy or any other right of any third party.
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