Terms and Conditions (Customers) 


Welcome to Fabulous. This page (together with the documents referred to in it) tells you the terms (the “Terms”) which apply when you order any menu items (the “Items”) from our Fabulous.ae website or mobile applications and related services (each referred to as an “Application”).
Please read these Terms carefully before ordering any Items from our Application. If you have any questions relating to these Terms please contact support@Fabulous.ae before you place an order. If you are a consumer, you have certain legal rights when you order Items using our Application. Your legal rights are not affected by these Terms, which apply in addition to them and do not replace them.  By setting up your Fabulous account, you confirm that you accept these Terms.
1. Information About Us
Fabulous is operated in the United Arab Emirates by FABULOUS DELIVERY SERVICES COORDINATION PROVISION ESTABLISHMENT (“we”, “us” or “Fabulous”), incorporated in Abu Dhabi, United Arab Emirates.
2. Purpose
Our objective is to link you to the restaurants and our other retailers whom we are partner with (“Partner”) and allow you to order Items for delivery (our “Service”). Where you order from a Partner Restaurant, Fabulous acts as an agent on behalf of that Partner Restaurant to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, your Items will be delivered to you by Fabulous (“Fabulous Delivery”) or our Partner Restaurant (“Partner Delivery) (each a “Delivery”) depending on the Partner Restaurant you have selected. In some cases, the Partner Restaurant may be owned by or affiliated with us.    
3. Your Account
Before you can place orders for Items using our Application, you need to open a Fabulous account. When you open an account you may create a password, or other secure login method, and may also have to provide credit card details. You must keep any password you create, or other secure login method, secret, and prevent others from accessing your email account or mobile phone. If another person uses these methods to access your account, you will be responsible to pay for any Items they order, and we are not responsible for any other losses you suffer, unless the person using your password obtained it because we did not keep it secure.
You may close your account at any time by requesting to do so in your account section of our website or contacting us using the contact details above. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating riders, or any other good reason). If we close your account permanently we will refund any remaining account credit you have validly obtained from our customer service team or Application following any issue by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).
4. Service Availability
Each Partner Restaurant has a prescribed delivery area. This delivery area may change at any time due to factors such as weather, or demand on our service. This is to ensure that Items reach your door at their best. Our Partner Restaurants each decide their own operating hours. That means that the availability of our Service, and the range of Partner Restaurants from which you can order, depends on the Partner Restaurants in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Partner Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible.
5. Orders
When you place an order through our Application, it needs to be accepted by us or the Partner Restaurant before it is confirmed. We will send you a notification if your order has been accepted (the “Confirmation Notice”). The contract for the supply of any Item you have ordered comes into existence when we send the Confirmation Notice. You are responsible for paying for all Items ordered using your account, and for related delivery charges, and for complying with these Terms, even if you have ordered the Item for someone else. Fabulous or some Partner Restaurants operate a minimum order value policy. This will be displayed on our Application. All Items are subject to availability.  Partner Restaurants may use nuts or other allergens in the preparation of certain Items. Please contact our Partner Restaurant prior to ordering if you have an allergy. Fabulous cannot guarantee that any of the Items sold by our Partner Restaurants are free of allergens.
6. Delivery
When you place an order you will have the choice to place it as an ASAP Delivery or a Scheduled Delivery. For an ASAP Delivery, we will tell you an estimated delivery time for your Item before you place the order, but we will attempt delivery as soon as possible; you must therefore be available to accept delivery from the time you place the order. For a Scheduled Delivery, we will tell you the time when the Item is expected to be delivered; you must be available to accept delivery for ten minutes before and ten minutes after that time.
Unfortunately, despite our, and our Partner Restaurant’s best efforts, things do not always go to plan and factors such as traffic and weather conditions may prevent us from delivering your Item on time. If your order is more than 30 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. because you gave us the wrong address or did not come to the door).
We will attempt delivery at the address you provide to us when you place your order. You are responsible to ensure you have included an accurate pin to ensure your Items reach you. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you let us know before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Item to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Item, and if the driver has been despatched you will also be charged for delivery.
You will still be charged for the Item and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):   
•    you do not come to the door;
•    did not pick up the phone when the driver contacted you using the contact information you have provided us; and/or
•    you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.
7. Your Rights If Something Is Wrong With Our Items
You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Items you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Items. We will provide a refund or account credit in respect of the affected part of the Item, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner Restaurant.
8. Age Restricted Products
Age restricted products can only be sold and delivered to persons aged 18 or over. By placing an order for an age restricted product, you confirm that you are at least 18 years old. Fabulous operates the Challenge 25 age verification policy whereby customers who look under aged 25 will be asked by the delivery driver to provide proof that they are aged 18 or over. The driver may refuse to deliver any age restricted product to any person who does not look aged 25 unless they can provide valid photo ID proving that they are aged 18 or over. If delivery of any age restricted product is refused, you will still be charged for the relevant Item and for delivery.
9. Cancellation
The Customer shall not be entitled to cancel a food meal order nor be eligible for any refund in case the Customer cancelled such order after the Vendor’s acceptance, unless the cancellation is a result of Fabulous or the Vendor’s default. For the avoidance of doubt food meal order means any order from a restaurant/coffee shop/ juice bar or pastry shop.
In the event Fabulous is unable to deliver the food meal order to the Customer for reasons due to the Customer’s act, failure to act, default, omission, and/ or negligence, Fabulous reserves the right to cancel the order without any refund to the Customer.
If the Customer is eligible for a refund for a cancelled order subject to the provisions of this T&Cs, the order value paid by the customer will be refunded to the customer’s Fabulous Credit, unless the customer requests otherwise, and in the latter case, the refund will be made only to the original payment method used for making the order.
It can take anywhere from 7 – 14 business days (or even up to 30 days for overseas banks) for your refund to be processed and reflected in your bank account, in consideration of the time and procedures required from Fabulous and/ or the Credit Card Company and/ or the Bank.
For non-food vertical orders, any cancellation, return, or refund of items or orders shall be in accordance with the consumer protection laws and regulations applicable in the UAE. For the avoidance of doubt non-food vertical orders means any order from a shop under groceries, flowers, electronics, health & beauty.
10. Prices, Payment and Offers
Prices include VAT. You confirm that you are using our Service for personal, non-commercial use.  Fabulous may operate dynamic pricing some of the time, which means that prices of Items and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Partner Restaurants. We reserve the right to charge a Service Fee, which may be subject to change, for the provision of our Services.  You will be notified of any applicable Service Fee and taxes prior to purchase on the checkout page on our Application. No changes will affect existing confirmed orders, unless there is an obvious pricing mistake. Nor will changes to prices affect any orders in process and appearing within your basket, provided you complete the order within 2 hours of creating the basket. If you do not conclude the order before the 2 hour cut-off the items will be removed from your basket automatically and the price change will apply. If there is an obvious pricing mistake we will notify you as soon as we can and you will have the choice of confirming the order at the original price or cancelling the order without charge and with a full refund of any money already paid.  Where Fabulous or any Partner Restaurants make a delivery, we or the Partner Restaurant may also charge you a delivery fee. This will be notified to you during the order process before you complete your order.
The total price of your order will be set out on the checkout page on our Application, including the prices of Items and Delivery and applicable Service Fees and taxes.
Payment for all Items and deliveries can be made on our Application by cash, credit or debit card, or other payment method made available by Fabulous. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment (in respect of all payments made by credit or debit cards). Payment is made directly to Fabulous acting as agent on behalf of the Partner Restaurant only. Payment may also be made by using vouchers or account credit. Use of these is subject to Fabulous’s Voucher and Account Credit Terms.
Where COD is possible, this will be made clear on our Application before you place your order. Only cash payments will be accepted when an Order is to be delivered under the COD facility. We will not be authorised to accept cheques, Fabulous credits, vouchers, card payments or any other form of payment (including credit or debit cards) once an Order is requested through the COD payment on our Service. Drivers will only carry a small amount of change, so for all COD payments you are requested to prepare exact payment or as close to it as possible for the Order (as you may not receive change back).
We are authorised by our Partner Restaurants to accept payment on their behalf and payment of the price of any  Items or delivery charges to us will fulfil your obligation to pay the price to the Partner Restaurant. In limited instances, where you have selected a Partner Restaurant that offers Partner Delivery, you can also make your payment in cash directly to the Partner Restaurant by paying the Partner Delivery driver at the time of delivery.
Partner Restaurants sometimes make special offers available through our Application. These are visible when you look at a Partner Restaurant menu. These offers are at the discretion of the Partner Restaurants. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Confirmation Notice.
11. Tips
When Placing Your Order:
When you place an order, you will have the option to pay a tip to your rider or the restaurant,  in addition to the purchase price of the Items in your order. Any payment will be collected by Fabulous using the payment method used for the original order and your rider or the restaurant will receive 100% of any payment you choose to make.
 
After You’ve Received Your Order:
Once you’ve received your order, you may receive a notification giving you the chance to pay a tip to your rider. Fabulous will collect payment on behalf of the rider, as their limited payment collection agent, and payment of the tips shall be considered a direct payment from you to the rider. We may share your first name with your rider when we notify them of the tip. Your rider will receive 100% of any payment you choose to make. As this payment is made after you receive your order, this payment is non-refundable and does not form part of your order. Depending on the payment method used for your original order, your tip may show up on your bank/credit card statement as a separate payment.
12. Your Responsibilities
During the use of the services of the Platform, the User accepts and undertakes:
1.    The information provided to us is correct. The User is the only party responsible for any losses which may arise from any misinformation or inadequate information (ex. forgetting the password); and in these cases his/her Account may be terminated.
2.    The User is solely responsible for all personal ideas, opinions, statements set forth by the User while using the services of the Platform, all the files uploaded to the Platform and the personal information sent, and that in no way Fabulous shall be held liable for these files, not to access any services provided in the Platform unauthorized and in any way other that the one identified by the Platform; not to change the software in any way; not to use the software which is identified as being changed; and to indemnify Fabulous for all material and moral losses in the event the User does not comply with the aforementioned articles, Talabt shall not be responsible for any damages which may arise from reading of data belonging to any Users by any unauthorized people, not to send any messages which are threatening, immoral, racially and contrary to the laws of United Arab Emirates and international agreements, any correspondences, titles, nicknames posted to the context shall not be contrary to the rules of public morality, good manners and laws, not to harass and/or threaten other users, or any of the Platform live chat personnel, not to act in a way affecting the use of services by other users, not to post, print, distribute, circulate any amoral, inappropriate and unlawful materials and information which may give harm to the names of any people or institutions, not to advertise, sell or offer to sell any products or services, engage in any activities such as survey, competition or chain letter, not to send any information or programs which may give harm to the information or software in the computers of other users.
3.    All of the records or materials obtained by using the services of Fabulous are within the consent of the user; the user shall be absolutely responsible for any damages, loss of information or other losses caused by them in the user’s computer; the user shall not demand any compensation for any losses arising from the use of the service, not to use the services of the Platform for any commercial and advertising purposes without obtaining the consent of Fabulous. Fabulous may monitor all systems at any time or continuously.
4.    The Platform may use its system for commercial purposes, not to mail any information which is forbidden legally and circulate any mails which do not have authorization to be sent such as chain mail, malicious software, etc., not to record and misuse any personal information belonging to others, The User himself/herself is responsible for all kinds of acts made under the “username”, The clients must pay the service fee which is notified previously at the time of delivery of products; otherwise the products shall not be delivered to the clients. not to access the Platform or services using a third-party’s account/registration without the express consent of the account holder; not to use the Platform for illegal purposes; not to commit any acts of infringement on the Platform or with respect to content on the Platform; not to use the Platform to engage in commercial activities apart from sanctioned use of Fabulous services; not to copy any content, including, but not limited to Merchant menu content and third-party reviews, for republication in print or online; not to create Merchant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; not to attempt to gain unauthorized access to other computer systems from or through the Platform; not to interfere with another person’s use and enjoyment of the Platform or another entity’s use and enjoyment of the Platform; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked Platforms (including those of our Merchant partners).
5.    All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the Platform. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Platform. Credit or Debit cards used in placing orders through the online payment gateway on the Platform must belong to the user. Otherwise, the user must obtain the legal permission from the card owner to perform the transaction.
6.    To purchase Restricted Goods, you must be of the statutory legal age. We and/or the Merchants, as the case may be, reserve the right to: (i) ask for valid proof of your age (e.g. ID card); (ii) refuse delivery if you are unable to prove you are of legal age; (iii) to ask for a valid medical prescription (in the case of pharmaceuticals); (iv) refuse delivery to any person for any reason whatsoever. For Restricted Goods there is no “contactless delivery”, “just drop them at the door delivery” or other similar delivery available.
13. Data Protection
We process your personal data in accordance with our Privacy Policy. 
14. Other Terms
If either we or you have any right to enforce these Terms against the other, that right will not be lost even if the person who has the right delays enforcing it, or waives their right to enforce it in any instance.  If a court or other authority decides that any part of these Terms is illegal or ineffective, the rest of the terms will be unaffected and will remain in force.
We may change these Terms from time to time. If we make any changes which affect your rights in relation to our Service, we will notify you. Changes to the Terms will not affect any orders you have placed where we have sent the Confirmation Notice. These Terms are governed by the law of the Abu Dhabi, United Arab Emirates 
Fabulous Terms Of Use For Website And Applications
These terms set out the terms of use on which you may make use of our website Fabulous.ae (our “Site”) or any application we make available via an app store or otherwise (our “Service”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use or Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not use access our Site or use our Service.
1. Information About Us
Fabulous.ae is a website operated by Fabulous (“we”, “us” or “Fabulous”), incorporated in Abu Dhabi , United Arab Emirates, Fabulous is a business where the food is prepared by independent restaurants (our “Partner Restaurants”) and delivered by us and incase of any legal issue arises due to quality of food only partner restaurant will be held responsible.
2. Accessing Our Service Or Our Services
Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentially of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact support@Fabulous.ae straight away to let us know. We can deactivate your account at any time.
3. Acceptable Use
You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
4. Interactive Features Of Our Site
We may from time to time provide certain features which allow you to interact through our Site or our Service such as chat rooms. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
5. Content Standards
These content standards apply to any and all material which you contribute to our Service (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the United Arab Emirates and in any country from which they are posted. Contributions must not:
•    contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
•    infringe any copyright, database right or trademark of any other person;
•    be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
•    be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
•    be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
•    advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6. Suspension And Termination
Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:
•    immediate, temporary or permanent withdrawal of your right to use our Service;
•    immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
•    issuing of 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;
•    disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
7. Intellectual Property Rights
We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
8. Reliance On Information Posted
Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
9. Our Site And Our Service Change Regularly
We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
10. Our Liability
We have taken every care in the preparation of our Site and our Service. However, 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 Site or our Service. If we are informed of any inaccuracies on our Site or in our Service 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 Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
11. Information About You And Your Visits To Our Site And Use Of Our Service
We collect certain data about you as a result of you using our Service. This is described in more detail in our privacy policy.
12. Uploading Material To Our Site And Our Service
Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
13. Links From Our Site
Where our Site 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. Jurisdiction And Applicable Law
The courts in Abu Dhabi, United Arab Emirates will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law.
15. Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
16. Your Concerns
If you have any concerns about material which appears on our Service, please contact support@Fabulous.ae
Voucher Terms & Conditions
1. Introduction
Fabulous makes available from time to time: (i) Vouchers (which are promotional credits that may be offered by us or by Partner Restaurants on our Site) and (ii) Account Credit (which is credit that may be applied to a customer’s account at Fabulous’s discretion). Vouchers and Account Credits both operate as credits applying to a customer’s Fabulous account, redeemable (subject to conditions, as set out below) against the cost of Items. Vouchers and Account Credits are referred to collectively in these terms (the Credit Terms) as Credits.
These Credit Terms apply to your use of any Credits to pay for Items using the Fabulous Service. These Credit Terms apply together with the Fabulous Terms and Conditions of Service, which continue to apply unless they conflict with these Credit Terms, in which case these Credit Terms have priority. Capitalised words used in these Credit Terms have the same meanings as in our Terms of Service unless they are defined in these Credit Terms.
You can “apply” a voucher to your account by (i) entering the Voucher code (if any) at the point you place an order, or (ii) by adding any reward that we make available to you in the “Your offers and rewards” section of your account page. Unless otherwise stated, a voucher that has been applied to your account will remain there until it is “redeemed” against an eligible order, or expires (whichever is sooner).  Account Credits are Credits that we apply to your account ourselves. In either case, once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for Items, unless it is lost, or, in the case of Vouchers, it expires in accordance with the terms of that Voucher. The reasons why Credits may be lost or Vouchers may expire are set out in these Credit Terms.
2. Terms that apply to Vouchers only
Unless we tell you otherwise, vouchers offered in a particular country and currency can not be used in a different country or currency. Vouchers are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (eg new customers), or use only at a particular Partner Restaurant or for a particular menu item. If conditions apply they will be stated when we offer the Voucher.
Some Vouchers are only available to new Fabulous customers (“New Customer Vouchers”). That means that the Voucher is applied (subject to any other applicable conditions) automatically when the Customer registers a new Fabulous account and will be redeemed when the Customer places their first eligible order. Fabulous reserves the right to refuse to apply and/or allow you to redeem a new customer Voucher if you are registering a new account using credit card details or a delivery name and address already on our system.
Use of a Voucher in payment or part-payment may also be subject to specific conditions applicable to that Voucher only, such as a specific minimum order value or that the Voucher may only be redeemed at specific Partner Restaurants or on specific Items. If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on our Site where you confirm your order for Items will show the total order value and the applicable Voucher, if any. If there is a Voucher credit on your account which does not apply to your order, it will not appear on the payment page. At that point you will have the choice of paying in another way or cancelling the order.
Unless we tell you otherwise, all Vouchers must be redeemed within one calendar month of the date they are applied.
Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer.  If you have more than one eligible Voucher applied to your account when you place an order, the Vouchers are redeemed in order of expiry date, with the Voucher expiring the earliest redeemed first.  
Vouchers cannot be redeemed in conjunction with any other Fabulous offer.
If you cancel an order made using a Voucher, the Voucher credit will not be restored to the account and the Voucher cannot be re-used. If the Voucher was specific a New Customer Voucher, you will no longer be a new customer and will not be eligible for any subsequent new customer Vouchers.
3. Terms that apply to Vouchers and Account Credit
Item orders are generally subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Credit.
Credits cannot be exchanged for cash or any other alternatives and have no monetary value.
Any attempt to manipulate our Site and our offers of Credits by use of bulk entry via third parties or syndicates, macros, ‘script’, ‘brute force’, masking identity by manipulating IP addresses, using identities other than their own or any other automated means (including systems which can be programmed to enter), will render the order and the relevant Credit invalid. Fabulous is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification close the accounts of any customers it reasonably believes have carried out any such acts.
Referral Program Terms
1.    This Referral Programme is open to selected Fabulous customers (‘you’/’user’) aged 18 or over who have made at least 1 Fabulous order.
2.    We will notify you by email that you are eligible for the Referral Programme. The email will include a unique link. Simply share your unique link with a friend or relative (aged 18 or over) who does not live at the same address as you and who you think would benefit from the Fabulous service (a “referral”). If anyone to whom you give a referral goes on to place a Fabulous order using that unique link, we will apply to your account the amount of Fabulous Voucher credit stated in the email we sent to you with the unique link. It may take up to seven days after your relative of friend places a referral order before the Voucher credit is applied to your account. Voucher credits received under the Referral Programme can be redeemed at any Partner Restaurant and expire automatically within the period stated in the promotional materials or other associated Fabulous materials.
3.    Unique links may only be used for personal and non-commercial purposes. This means that you can share your unique link with your personal connections via your own social media accounts (eg your personal Facebook, Twitter or Instagram account) but not on sites where you are a contributor but not the account owner (eg Facebook business accounts or groups, Wikipedia, Google Reviews, coupon websites). Promoting your referral code via Search Engine Marketing (eg AdWords / Yahoo / Bing) is also not allowed. If we become aware that you have made your unique link available in any of these ways we may deactivate it without telling you. We will not be responsible for any losses you suffer if we deactivate your account for this reason.
4.    We may discontinue the Referral Programme at any time. We will give advance notice of discontinuance on our Site. Voucher credit already applied to your account as a result of referrals will remain available for the period as stated in Clause 2 above, even if the Referral Programme is discontinued.
5.    Referral credits are Vouchers and are therefore subject to the above Voucher Terms and Conditions.
6.    You may receive Voucher credit for a maximum of 100 referrals. We reserve the right to change the maximum number of referrals for which Voucher credit is awarded at any time, though you will receive Voucher credit for any referral orders placed by your relatives or friends before the change.
7.    The Promoter is Fabulous Delivery services, Abu Dhabi, United Arab Emirates

 

Terms & Conditions (Merchants)     


1:    Ratification of Agreement 
By entering, connecting, using or creating an account on this website and its associated applications on iPhone, iPad, Android, and any mobile application (hereinafter collectively referred to as the “Platform”) including without limitation to any services offered on the Platform, you acknowledge that you have read and understood the following Terms and Conditions (collectively the  “Terms”), including these Terms, terms of our Privacy Policy available at www.fabulousdelivery.ae and you agree to be bound by them and to comply with all the applicable laws and regulations regarding your use of the Platform. You acknowledge that these Terms constitute a binding and enforceable legal contract between yourself and FABULOUS DELIVERY SERVICES (hereinafter referred to as “Fabulous”, “Company”, “we”, “us”, “our”) with reference to the use of this Platform. Please read  these terms before ordering any items from our application.
2. MERCHANT COVENANT’S
a. The Merchant hereby agrees to extend the Offer(s) to Customer in accordance with the terms set out in the Form and these Terms on and from the Commencement Date.
b. The Merchant will determine the Offer(s) via the Fabulous Dashboard, which will be honoured by the Merchant through the Validity Period.
c. The Offer(s) once determined by the Merchant, shall be applicable for the minimum Validity Period, during which the Merchant will not be permitted to modify the Offer(s). Any modification to the Offer(s) can only be made by the Merchant after the expiry of the Validity Period and will take two days thereafter to be effective and applied on any Transaction.
d. The Merchant shall ensure that it has all rights, title, and interest in the content shared by the Merchant with Fabulous including but not limited to any artwork(s), creative(s), logo(s), picture(s), video(s), music, and write-up(s), banner(s), image(s) to be displayed on the Fabulous Application (“Content”).You further agree to grant Fabulous and its affiliates a non-exclusive, royalty-free, irrevocable and perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, upload and display the Content, on the Fabulous Application.
e. The Merchant shall ensure that the Content is compliant with the applicable laws and the content guidelines as set out in these Terms.
f. The Merchant shall ensure that such Content displayed on the Fabulous Application is not unlawful, misleading, fraudulent, illegal, or unauthorized.
g. The Merchant acknowledges that Fabulous shall in no manner be liable for the Content displayed on the Fabulous Application, when such Content is provided by the Merchant. The Merchant hereby agrees and acknowledges that Fabulous shall be authorised to use the logo and brand name of the Restaurant or the Merchant as the case may be for the purpose of advertisement of the Offer(s).
h. In the event the Merchant has an ongoing collaboration with a third party and wishes to promote such collaboration on the Fabulous Application, the Merchant shall provide Fabulous with a letter from such third party acknowledging the collaboration along with a no-objection letter from such third party (in a format acceptable to Fabulous).
i. The Merchant hereby permits Fabulous to advertise and extend the Offer(s) to the Customer on behalf of the Restaurant.
j. The Merchant hereby authorizes Fabulous to collect Net Sales and Tips (if any) from the Customer on behalf of the Merchant.
k. The Merchant shall extend the Offer(s) to all Customers.
l. The Merchant shall ensure that the Customer makes payment towards the Net Sales, for every Transaction where the Offer is applied, via the Fabulous Application or by scanning the QR code at the Restaurant, and not accept any direct payments from the Customer, for availing the Offer.
m. The Merchant hereby agrees not to extend any discount/offers similar, lower or higher, to the Offer(s) agreed during the Validity Period to the Customer directly.
n. The Merchant shall not, directly or indirectly discriminate, discourage, solicit or refuse a Customer from availing the Offer(s), from subscribing to Fabulous Pro and/or from making payment of the Net Sales via the Fabulous Application.
o. The Merchant hereby agrees that where it levies service charge at its Restaurant, it shall apply the same uniformly to all the Customers availing services of the Restaurant and shall not in any event discriminate in levying the service charge between a Customer availing Fabulous Pro and a non- Fabulous Pro Customer.
p. The Merchant permits Fabulous to deduct the Commission from the Net Sales and transfer such remaining amounts to the Merchant in accordance with the payment settlement process set out in the Form.
q. The Merchant will not charge any additional amount, over and above the Net Sales, from the Customer paying the Bill via the Fabulous Application.
r. The Merchant shall ensure that all mandatory information pertaining to taxes, levies and charges applicable on the Bill are clearly visible to the Customers on the Bill as per applicable laws.
s. The Merchant hereby permits Fabulous to contact the Merchant by phone, email, SMS, or other modes of communication, for the purpose of giving feedback or for the purpose of facilitation of any issue in connection with the terms of the Form and these Terms.
t. The Merchant and its representatives shall honour the Offer(s) requested by a Customer irrespective of the number of people seated on the table. For the purpose of clarity, all individuals seated on the table are not required to be Customers (as defined in these terms).
u. The Merchant agrees and acknowledges that Fabulous reserves the right to advertise the Offer(s) extended by other restaurants as well, as a part of other services as well (including Fabulous Pro program).
v. The Merchant agrees that the Offer(s) cannot be combined with any other ongoing offers, discounts or deals extended by the Merchant at the Restaurant.
w. Notwithstanding anything otherwise set out herein, the Merchant shall, at all times remain, solely liable for (a) the goods and/or services, rendered to a Customer at the Restaurant; (b) any in-person interactions with the Customer by the Merchant and or its representatives; (c) payment of all applicable taxes and statutory dues with respect to the goods and services offered and charged by the Restaurant and the Offer(s) extended to the Customer and compliance with all applicable laws; (d) the Customer’s experience at the Restaurant; and (e) in the event the Merchant or its representative do not honor the Offer(s) which a Customer desires to avail, Fabulous reserves the right to contact the Customer telephonically or via email and/ or SMS or by any other means of communication regarding the Customer’s experience and such response of the Customer shall be communicated by Fabulous to the Merchant.
x. The Merchant hereby represents to Fabulous that it is in compliance with all rules and regulations prescribed by extant excise laws and that it has a valid license to sell liquor and/or alcoholic beverages at the Restaurant.
y. The Merchant will ensure that the Information provided to Fabulous is current and accurate, including but not limited to the Merchant name, address, contact telephone number, email, manager/contact person details, delivery times, opening hours, menus, price lists, taxes, service addresses, and other relevant information. Where the Merchant has a unilateral right to access to Fabulous Dashboard to edit and update the Information which is displayed on the Fabulous Application, the Merchant should ensure that it (i) keeps such information true, accurate and updated at all times; and (ii) complies with Fabulous’s internal terms and conditions of use in this regard.
z. The Merchant shall provide all Material with respect to the Restaurant to be used for the purpose of promotions on the Fabulous Application. Merchant shall ensure that it has all rights, title and interest in the Material it shares with Fabulous.
3. CONTENT GUIDELINES
For the purpose of Fabulous Delivery , the Merchant agrees to not post or transmit any Content that:
a. is plagiarized;
b. contains sexually explicit, defamatory or obscene materials or any unlawful materials;
c. contains blurry or unclear photos;
d. contains unpleasant photos that ruin people’s experience;
e. contains content, advertisement of which is prohibited by applicable laws;
f. which is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
g. constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing;
h. violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
i. accuses others of illegal activity, or describes physical confrontations or attempts to impersonate another person or entity;
j. content which advertises for sale, any item prohibited by law, including potentially hazardous food or tobacco products.
k. alleges any matter related to health code violations requiring healthcare department reporting;
l. is illegal, or violates any central, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
m. constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
n. includes spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
o. asserts or implies that the Content is in any way sponsored or endorsed by Fabulous;
p. falsely states, misrepresents, or conceals your affiliation with another person or entity;
q. distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
r. ‘hacks’ or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;
s. violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
t. removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of the Fabulous Application;
u. collects, accesses, or stores personal information about other Customers of the Services;
v. posted by a bot;
w. harms minors in any way;
x. threatens the unity, integrity, defense, security or sovereignty of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
y. modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Fabulous Application or Fabulous’s content; or
z. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
The Merchant acknowledges that Fabulous has no obligation to monitor your, or anyone else’s access to or use of the Fabulous Application for violations of the Terms, or to review or edit the Content. However, Fabulous reserves the right to do so for the purpose of operating and improving the services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
The Merchant agrees to assure Fabulous that the Fabulous Application shall be used for lawful purposes only and that the Merchant will not violate laws, regulations, ordinances or other such requirements of any applicable central, state or local government or international law(s).
Any Content uploaded by the Merchant or provided by the Merchant to Fabulous, shall be subject to relevant laws of UAE and of the city of use and may be disabled or be subject to investigation under such applicable laws. Further, if the Merchant is found to be in non-compliance with the laws and regulations or these Terms, Fabulous shall have the right to immediately block the Merchant’s access to usage of the Fabulous Application and Fabulous shall have the right to reject, remove, or delete the non-compliant Content posted by the Merchant and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.
4. FABULOUS COVENANT’S
a. Fabulous will provide Electronic Payment Mechanism to the Customers to make payment towards Net Sales and Tips (if any).
b. Fabulous will transfer the Net Sales collected from the Customers, less the Commission, to the Merchant in accordance with terms of the Form read along with the Terms.
c. Fabulous will deduct tax collected at source from the Net Sales after adjusting for taxes.
d. Fabulous will have the right to remove/suspend advertising the Merchant and the Offer(s) from the Fabulous Application at any time at its sole discretion.
5. COMMISSION
a. The Merchant undertakes to pay to Fabulous, Commission at the rates set out in the Form.
b. The Parties hereby agree that from time to time, Fabulous may change the Commission rates or include any additional charges/ fee, provided however, that Fabulous shall communicate any such change(s) via email or any other modes of communication to the Merchant with a prior intimation of fifteen (15) days.
6. Payment Settlement Process
a. The Merchant acknowledges and agrees that any Net Sales and Tips (if any) which is collected by Fabulous for, and on behalf of the Merchant in accordance with these Terms, shall be passed on by Fabulous to the Merchant subject to the deduction of the below mentioned amounts by Fabulous:
•    Commission and any taxes as applicable thereon;
•    Payment Gateway Fee;
•    VAT as applicable;
•    Any other amounts or charges that are due to Fabulous under the Form and/or the Terms.
b. Notwithstanding anything to the contrary contained in these Terms or the Form, the Merchant, on behalf of itself and all its affiliates, hereby unconditionally and irrevocably authorizes Fabulous to set off, withhold and deduct any amounts owed by the Merchant or its affiliates to any Fabulous Group Company under any agreement, arrangement or understanding between the Fabulous Group Company and the Merchant or its affiliates, from the Net Sales, and apply such amounts towards the dues owed by the Merchant or its affiliates to the Fabulous Group Company. Without prejudice to the other provisions of the Form or these Terms, and solely for the purposes of this Clause 5 (b), the Merchant hereby agrees, acknowledges and confirms that the amounts so set off, withheld and applied in the aforesaid manner shall be deemed to form part of the Commission payable by the Merchant to Fabulous under the Form and these Terms. For purposes of the provisions of this Clause 5 (b), the term Fabulous Group Company shall be deemed to include any of Fabulous’s current and former, direct and indirect, subsidiaries and/or controlled affiliates as well as any successor to Fabulous or all or any material portion of the businesses and/or assets of Fabulous or any successor thereto or any of its direct and indirect, subsidiaries and/or controlled affiliates.
c. The Parties acknowledge and agree that after the deduction of the aforementioned amount set out in Clause 6 (a) and 6 (b), Fabulous shall remit the Net Sales due to the Merchant as per the Payment Settlement Day set out in the Form.
d. If the Payment Settlement Day falls on a bank holiday/or a non -business day, the payment shall be processed on the next working day.
e. The Merchant acknowledges and agrees that Fabulous will provide the Merchant with a monthly VAT invoice within a period of 7 (seven) days from the last date of the preceding month for the Commission, Payment Gateway Fee and other amounts, charges that are due and payable by the Merchant to Fabulous under the Forms and these Terms.
f. The Merchant acknowledges and agrees that all amounts that are payable to Fabulous under these Terms shall be exclusive of the applicable taxes and that all applicable taxes will be charged separately.
g. Notwithstanding anything to the contrary herein, the Merchant is, and will be, responsible for all taxes, payments, fees, and any other liabilities associated with the computation, payment, and collection of taxes in connection with the Bill and the Merchant’s use of the Application. It is clarified that Fabulous will not be liable for payment of any taxes that the Merchant is liable to pay in connection with the Goods which shall be provided by the Merchant to the Customers in accordance with these Terms and that the Merchant hereby undertakes to indemnify, defend and hold harmless, Fabulous and each of its affiliates and (as applicable) all of their directors, officers employees, representatives and advisors against any tax liability that may arise against Fabulous on account of the non-payment of taxes by the Merchant under these Terms.
7. TERM AND TERMINATION
a. The arrangement between the parties shall commence from the Commencement Date and shall be valid and binding on the parties, unless terminated in accordance with these Terms.
b. Either Party may terminate the Form and the Terms by issuing a forty-five (45) days prior written notice of termination to the other Party.
c. Notwithstanding anything to the contrary contained herein, above, Fabulous may forthwith terminate the agreement or suspend the Restaurant if :
•    The Merchant is in breach of these Terms and/or the terms and conditions of the Form, which, in the case of a capable of remedy, is not remedied within fourteen (14) days after intimation is given to the Merchant specifying the default.
•    Upon the happening of any of the insolvency events such as bankruptcy, appointment of receiver, administrator, liquidator, winding up, or dissolution;
•    The Merchant fails to comply with applicable law; The Merchant hereby agrees and acknowledges that Fabulous shall exercise its right to terminate the Form and the Terms in accordance to Clause 6 above and the arrangement shall be deemed to be completed and fulfilled with the Merchant by Fabulous without any liability to the Merchant under the Form and these Terms.
8. LICENSE
Merchant hereby grants Fabulous an unrestricted, non-exclusive, royalty-free license in respect of all content and information provided to Fabulous by the Merchant for the purposes of inclusion on the Fabulous Application and as may be otherwise required under the Form. This includes, but is not limited to, a) use of the Merchant’s name in the context of Google ad words to support advertising and promotional campaigns to promote offer(s) on internet which may be undertaken by Fabulous b) preparation of derivative works of, or incorporate into other works, all or any portion of the marketing materials which will be made by Fabulous for the purposes of its business. Any material including any information and content such as artwork, creative(s), logo(s), picture(s), video(s), music and write-up(s) with respect to the Restaurant to be used for the purpose of promotions on the Fabulous Application which the Merchant transmits or submits to Fabulous either through the Fabulous Application or otherwise (“Material”) shall be considered and may be treated by Fabulous as non-confidential, subject to Fabulous’s obligations under relevant data protection legislation. The Merchant also grants to Fabulous a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish and distribute world-wide any Material for the purposes of providing services under these Terms or to or for the purposes of advertising and promotion of the Fabulous Application. The Merchant agrees that all information provided to Fabulous that is published, may be relied upon and viewed by Customers to enable them to make decisions.
9. CONFIDENTIALITY
Any confidential or proprietary information of either party, whether of a technical, business or other nature, including, but not limited to consumer information/ Customer Data, trade secrets, know-how, technology and information relating to customers, business plans, promotional and marketing activities, finances and other business affairs, including but not limited to these Terms (collectively, “Confidential Information”) disclosed to the receiving party by the disclosing party, including Confidential Information disclosed before the date of signing the Form, will be treated by the receiving party as confidential and proprietary. These Terms shall be considered Fabulous’s Confidential Information. Unless specifically authorized by the disclosing party, the receiving party will: (a) not use such Confidential Information except as authorized by the disclosing party; (b) not disclose such Confidential Information to any third party; and (c) otherwise protect such Confidential Information from unauthorized use and disclosure to the same extent that it protects its own Confidential Information of a similar nature. This section will not apply to any information that: (i) was already known to the receiving party, other than under an obligation of confidentiality, at the time of disclosure by the disclosing party; (ii) was generally available to the public or otherwise part of the public domain at the time of its disclosure to the receiving party; (iii) became generally available to the public or otherwise part of the public domain after its disclosure and other than through any act or omission of the receiving party in breach of these Terms; (iv) was disclosed to the receiving party, other than under an obligation of confidentiality, by a third party who had no obligation to the other party not to disclose such information to others; or (v) was developed independently by the receiving party without any use of Confidential Information.
10. WARRANTY AND INDEMNITY
a. Merchant warrants that if the Merchant ceases to do business, closes operations for a material term, then the Merchant shall provide Fabulous a prior thirty (30) (thirty) days written notice, failing which the Merchant shall indemnify Fabulous for any claims or dispute that may arise on account the aforementioned acts of the Merchant.
b. The Merchant hereby unconditionally represents to Fabulous that it shall at all times be in compliance with the conditions imposed upon it by any license issued by any rule/regulation/statute.
c. Merchant will ensure that it complies with and remains in compliance with all applicable laws and all other applicable legislation, regulations or standards.
d. The Merchant agrees to indemnify and holds Fabulous harmless (and its directors, officers, agents, representatives and employees) from and against any and all claims, suits, liabilities, judgments, losses and damages arising out of or in connection with any claim or suit or demand:
•    on account of breach of these Terms by the Merchant;
•    in respect of, arising out of, or in connection with the Offer(s) extended by the Merchant;
•    the quality of the food and beverages offered by the Merchant;.
•    the Material shared by the Merchant with Fabulous and/or on the Fabulous Application;
•    any statutory proceedings which may arise out of any acts of omission or commission by the Merchant in relation to the applicable excise laws;.
•    on account of any non-compliance of a condition under the license issued by any rule/regulation/statute.
e. Fabulous warrants that it will undertake its obligations with reasonable skill and care. Fabulous does not guarantee or warrant that the Fabulous Application will be free from defects or malfunctions. If errors occur, it will use its best endeavors to resolve these as quickly as possible.
11. CUSTOMER DATA
The Merchant agrees that the Merchant will only use the Customer Data in fulfilling and in complying with the Merchant’s obligations in these Terms, and the Merchant agrees that Customer Data will not be used to enhance any file or list of the Merchant or any third party. The Merchant represents, warrants, and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose whatsoever. The Merchant agrees that it will not copy or otherwise reproduce any Customer Data other than for the purpose of fulfilling its obligations under this Form and Terms. The Merchant (and any other persons to whom the Merchant provides any Customer Data) will implement and comply with reasonable security measures in protecting, handling, and securing the Customer Data. If any Customer Data is collected by the Merchant (or otherwise on its behalf), the Merchant shall ensure that it (and any applicable third parties) adopt, post, and process the Customer Data in conformity with an appropriate and customary privacy policy. For purposes of these Terms, the restrictions set forth herein on the Merchant’s use of Customer Data do not apply to: (a) data from any customer who was a customer of Merchant prior to the Merchant using the Fabulous Application, but only with respect to data that was so previously provided to the Merchant by such Customer; or (b) data supplied by a customer directly to the Merchant who becomes a customer of the Merchant and who explicitly opts in to receive communications from the Merchant for the purposes for which such Customer Data will be used by Merchant; and, provided in all cases, that the Merchant handles and uses such Customer Data in compliance with applicable Laws and the Merchant’s posted privacy policy.
12. LIMITATION OF LIABILITY
For the purposes of this Section, “Liability” means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms and the Form, including liability expressly provided for under these Terms and the Form or arising by reason of the invalidity or unenforceability of any these Terms or the terms of the Form. Fabulous does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, Fabulous shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this Section shall apply whether such damage or loss is direct, indirect, consequential or otherwise. Although Fabulous will use its best endeavours to ensure that the unintentional operational errors do not occur, Fabulous cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, Fabulous’s aggregate liability under these Terms and the Form shall not exceed the Bill Value under which the claim arose.
13. NOTICES
All notices, demands or consents required or permitted under these Terms shall be provided (i) by email or (ii) in writing and personally delivered or sent by telecopy, telegram or registered or certified mail, return receipt requested, or by a reputable overnight carrier to the address designated by the other party and will be deemed to have been served when delivered, or if delivery is not accomplished by some fault of the addressee, when tendered. If, to Fabulous, such papers must be sent to hello@Fabulous.com to the attention of the Legal Department. The communications between the Merchant and Fabulous may employ electronic means, such as email or notifications provided by Fabulous to the Merchant. The Merchant agrees (i) to receive communications from Fabulous in an electronic form, and (ii) agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Fabulous provides electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
14. FORCE MAJEURE
Neither party will be liable to the other party for any failure or delay in performance caused by reasons beyond its reasonable control, including but not limited to acts of God, epidemics, earthquakes, strikes, lockdowns, civil disturbances, or similar causes.
15. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by the Laws of UAE, for the time being in force and the courts of Dubai shall have the exclusive jurisdiction to preside over matters arising hereunder.
16. General
a. Assignment: These Terms shall not be assigned by the Merchant without the prior written consent of Fabulous. Any purported transfer, assignment, or delegation without such prior written consent shall be null and void. Fabulous may assign or transfer these Terms for any reason to any person. Subject to the foregoing, these Terms shall bind and inure to the benefit of each party’s successors and permitted assigns.
b. Partial Invalidity: If any provision in these Terms is or becomes illegal, invalid or unenforceable in any respect under applicable law, neither the legality, validity nor the enforceability of the remaining provisions will in any way be affected or impaired. Further, the parties will negotiate, in good faith, a substitute, valid and enforceable provision which most nearly affects the parties’ intent in relation to the provision that has been held to be illegal, invalid or unenforceable.
c. Change of Control: The Merchant acknowledges that the business and assets of Fabulous may be sold in the future and consents to the transfer or disclosure of its personal information and these Terms to any purchaser of the business of Fabulous or its assets if that outcome occurs.
d. Acceptance to Fabulous’s Privacy Policy: By signing the Form, the Merchant acknowledges and agrees to be bound by Fabulous’s privacy policy (https://www.Fabulousdelivery.ae ). Merchant will immediately notify Fabulous if it becomes aware of or suspects any unauthorized use or access to the user data or any other Confidential Information of Fabulous, and shall cooperate with Fabulous in investigation of such breach and the mitigation of any damage.
e. Except as expressly set out herein, the Parties hereby agree that the Form and Terms supersede and replace any and all previous agreements/forms between the Merchant and Fabulous.
f. Modification: Fabulous may modify these Terms from time to time, and any such changes will (i) be reflected on the Fabulous Application, and (ii) be effective immediately upon the changes being reflected on the Fabulous Application. The Merchant agrees to be bound to any such changes or modifications and understands and accepts the importance of regularly reviewing these Terms as updated on the Fabulous Application. Further, in the event Fabulous upgrades, modifies or replaces Fabulous Delivery (“Service Modifications”), Fabulous will notify the Merchant prior to making the same and give the Merchant the opportunity to review and comment on the Service Modifications before continuing to provide Offer(s) under Fabulous Delivery or any alternative service offered by Fabulous. The Service Modifications will also be reflected on the Fabulous Application. If the Merchant continues to provide Offer(s) under Fabulous Delivery or any alternate service offered by Fabulous, following any notice of the Service Modifications, it shall constitute the Merchant’s acceptance of such Service Modifications.
g. Independent Contractors: The relationship of Fabulous and the Merchant is one of independent contractors, and nothing contained in these Terms will be construed to (i) give either party the power to direct and control the day-to-day activities of the other, (ii) constitute the parties as partners, joint ventures, co-owners or otherwise as participants in a joint or common undertaking, or (iii) allow the Merchant to create or assume any obligation on behalf of Fabulous for any purpose whatsoever. All financial obligations associated with Merchant’s business are the sole responsibility of the Merchant.

 

 

Available Wherever You Download

Get access to exclusive offers, live tracking, and smooth ordering .. only on our mobile app.

App Store
Category: Food & drink
Updated: July 8, 2025
Version: 1.1.1
Size: 65.2 MB
Language: English, Arabic
Seller: Milestones
Google play
Category: Food & drink
Updated: July 8, 2025
Version: 1.1.1
Size: 33.2 MB
Language: English, Arabic
Seller: Milestones

All Rights Reserved 2025. Fabulous Delivery Services.

Developed with love by Inspired Technology.