- 1. Company’s E-commerce Platform.
The Parties hereby agree and acknowledge that the Supplier will be allowed to sell food, beverages, catering equipment, and/or providing services, including without limitation, air conditioning maintenance, among other things on the Company’s e-commerce platform called ‘First Cater’, with following website: www.firstcater.qa .
In compensation, the Supplier will receive full Merchant access to the www.firstcater.qa platform
allowing him to engage with potential customers whether it be via selling and/or marketing. Duration: This Agreement shall begin on the Effective Date and continue until terminated Rights to Terminate: This Agreement can terminate if either party provides [14 Days] writtennotice to the other party or the parties mutually agree by written consent to the termination of this Agreement.
3. Duration and Termination.
Each transaction’s order information must be uploaded to the Company’s platform, buyers and sellers must consent to draft their own contractual conditions. Neither the Company nor the vendors or purchasers on [www.firstcater.qa] have any control over, and the Company disclaims all liability for, the authenticity, legitimacy, security, price, or accessibility of the items available for purchase on the website. By accessing or using [www.firstcater.qa], the Supplier accepts the risks of conducting any transaction, as well as any related activities, such as storage, shipment and delivery and return of products. The Company is not liable for unsatisfactory or delayed performance, losses, damages or business interruptions as a result of products which are unavailable, damaged or not delivered. The Company may, but is not required to, mediate or attempt to resolve any dispute or disagreement between buyers and sellers, but will not be responsible for the resolution of such disputes.
- 4.Buying and Selling Transactions.
- The Company offers a marketplace for buyers and sellers to communicate with one another for the selling and purchase of goods through its website and associated applications. The Company is not a party to any contract between buyers and sellers and does not serve as either their representative or their agent in any transaction.
active. Supplier considers and agrees to the following:
• Be true, reliable, complete and legal.
• It does not contain any discriminatory statements or encourage discrimination.
• Not to violate policies, terms, or any other contracts with the Company.
• Not to be illegal under any relevant laws.
Vendor also agrees not to duplicate, reproduce, install, republish, sell or distribute any data, messages, photos, images, videos, sounds, directories, documents, records or listings accessible on or through the Company for any intent, not Using the Company exclusively to collect data about Other Users, and not to engage in any actions that might put the Supplier at legal risk. If the Company discovers a violation or alleged violation of any of the terms under this clause, or for any other reason it considers
6. Indemnification of Legal Fees, Out-of-Pocket Expenses and Liability for Breach
If any Party breaches this Agreement, the non-breaching party shall be compensated by the breaching party for its reasonable legal fees and out-of-pocket expenses which in any way relate to the breach of this Agreement.
The Parties acknowledge that compliance with this agreement is necessary to protect the goodwill and other proprietary interests of the Parties and that a breach of this agreement will also give rise to irreparable and continuing injury to the non-breaching Party. Therefore, each Party agrees that breach of this Agreement will give the right to the non-breaching Party to seek damages for any losses and damages incurred as a result of breach of this agreement and/or in connection with such violation.
7.Limitation of Liability.
The Company will not be held liable to the absolute extent that is allowed by law. The Company will not be held liable, under any circumstances whatsoever, for any loss of profits, revenue or otherdamages that occur to the Supplier due to the Company’s Platform, whether it occurred expressly or impliedly or whether it was directly or indirectly or due to any negligence by the Company . The Company will, under no circumstance whatsoever, be held responsible or liable to anyone and any customer that becomes subject to an allergic reaction or other similar things such as food poisoning due to the purchase of the products sold by the Supplier. The Supplier is solely responsible for any wrongful or unpleasant reaction that occurs to the customers. Correspondingly, the Company’s website/platform and all content included on the website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Company makes no warranty or representation as to the availability, accuracy or completeness of the content of the website or other third-party websites that the customers will access and hence, the Supplier is solely responsible for the availability, accuracy or completeness of the items/products that it has placed on the Company’s website/platform.
Each Party warrants that each has the authority and power to enter into and perform the obligations agreed upon in this Agreement. Both Parties hereby warrant and represent that they will comply with all relevant laws and regulations associated with this Agreement. Each Party hereby warrants to act with integrity and with an ethical manner without deceiving or misinforming the other Party. The Parties also warrant that the responsibilities and services that they will provide to the other party do not infringe upon any third party’s patents, trademarks, trade secrets, copyrights or other proprietary rights, they will perform the responsibilities and services hereunder in a professional and workmanlike manner, and they will meet the requirements and conform with any specifications agreed between the parties and they have all necessary permits to perform the responsibilities hereunder.
Both Parties are strictly prohibited from carrying out any other activities which are designed to or could be reasonably expected to interfere with the customers, business relationships and business operations of the other Party or its affiliates.
Both Parties must not disclose to any third party any details concerning the other party’s business, including, without limitation any information concerning any of the other party’s trade secrets, customer information, financials, pricing, business plans, among other things (the “Confidential Information”), unless required by law. Both Parties must also not make copies of any Confidential Information, or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the other party.
Both Parties must not disparage, defame and discredit the other Party in any way, whether directly or indirectly, explicitly or implicitly, including by creating or disclosing any declaration and comment, written, verbal, digital, online or virtual, that could harm the other Party’s operations, public perception, credibility, reputation or goodwill, including its processes, staff, executives, board members and previous, existing, or contemplated products or services.
Both Parties cannot solicit anyone associated, either directly or indirectly, with the other Party, whether that is an employee, a supplier, a client/customer, a partner, an affiliate of the other Party or anyone else associated with the other Party.
Neither party shall be responsible or liable for or deemed in breach of this Agreement because of any delay or failure in the performance of this Agreement due to any event or circumstance, which the occurrence and the effect of which the party affected thereby is unable to prevent and avoid, including, without limitation, acts of God; pandemics, government regulation, curtailment of transportation facilities, strikes, lock-outs or other industrial actions or trade disputes of whatever nature (whether involving employees of a party or a third party), terrorist attacks, haze, sabotage, riots, civil disturbances, insurrections, national emergencies (whether in fact or law), blockades, acts of war (declared or not), etc. (a “Force Majeure Event”). The non-performing party shall give the other party written notice describing the particulars of the Force Majeure Event as soon as possible.
Neither Party shall assign any rights or obligations associated with this Agreement.
This Agreement shall be governed by the laws of Qatar. Any disputes that are arising between the parties must be settled in a competent court in Doha, Qatar.
This Agreement represents the entire agreement between the Parties, completely replacing any other previous written or verbal agreements concerning the relationship of the two Parties.
17.No Variation Unless in Writing.
No variation of this Agreement shall be effective unless made in writing and signed by or on behalf of each of the Parties or by their duly authorized representatives.
If any Clause, or part of a Clause, of this Agreement, is found by any court or administrative body of competent jurisdiction to be illegal, invalid, or unenforceable, the legality, validity or enforceability of the remainder of the Clause or Paragraph which contains the relevant provision shall not be affected, unless otherwise stipulated under applicable law. If the remainder of the provision is not affected, the Parties shall use all reasonable endeavors to agree within a reasonable time upon any lawful and reasonable variations to the Agreement which may be necessary to achieve, to thegreatest extent possible, the same effect as would have been achieved by the Clause, or the part ofthe Clause, in question.