1. Company’s E-commerce Platform.

The Parties hereby agree and acknowledge that the Supplier will be allowed to sell food, beverages, catering equipment, building supplies and/or providing services, including without limitation, air conditioning maintenance, among other things on the Company’s e-commerce platform called ‘__________First Cater_________’, with the following website: __www.firstcater.qa________.

1. Compensation.

In compensation, the Supplier will receive _____________________________.

The method of payment for all transactions shall be via ____________________ (e.g. PayPal)

1. Duration and Termination.

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] written notice to the other party or the parties mutually agree by written consent to the termination of this Agreement. 

1. 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.

Each transaction’s order information must be uploaded to the Company’s platform, and buyers and sellers must consent to and 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.

1. Supplier Responsibilities.

The information and documents that are provided by the Supplier during the registration process are correct, reliable, current, and complete, and you will update and maintain all information and documents to retain them correct, reliable, current, and complete while the Supplier’s account with the Company is active. The Supplier constitutes and concurs that: 1. The Supplier has full rights and authority to acknowledge this Agreement and to perform the Supplier’s commitments under this Agreement. The Supplier gives permission to the Company to store information about the Supplier in the Company’s database and provide First International for Services & Trade and its affiliates permission to distribute or use the information in accordance with the Company’s Privacy Policy. The licenses, permissions, and certifications necessary for the content that the Supplier publishes, uploads, or displays are exclusively the Supplier’s responsibility.

The materials that the Supplier submits, publishes, or makes available for purchase do not infringe any third party rights, including copyright, patent, trademark, brand names, proprietary information, or any other rights, and they are not plagiarized or stolen. The items posted on the Company may be sold, traded, distributed, or exported by the Supplier at the Supplier’s discretion, and doing so does not violate the rights of any other parties (for instance, exclusive agency or distribution agreements). There are no trade embargoes, sanctions, or other legal limitations imposed by any nation, international organization, or jurisdiction on the Supplier, its directors and officers, or affiliates.

The Supplier also acknowledges and concurs that the content that the Supplier publishes, posts, or exhibits will comply with the following requirements: • be correct, reliable, complete, and legitimate; • not comprise any data that is discriminatory or encourages discrimination; • not infringe the policies, the terms, or any other contracts with the Company; • not be unlawful under any relevant laws.

The Supplier also concurs not to duplicate, recreate, install, repost, sell, or disburse any data, message, pictures, visuals, video clips, sounds, directories, documents, records, or listings accessible on or via the Company for any intent, not to use the Company exclusively to gather data about other users, and not to interact in any actions that could put the Supplier in legal jeopardy. If the Company discovers an infringement or alleged infringement of any of the terms under this clause, or for any other reason it deems suitable, it has the right to delete any posting or item, restrict any account, or cancel it. The Company will not be responsible for paying the Supplier any reimbursement or losses.

1. 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.

1. 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 other damages 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.

1. Warranties.

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.

1. Non-Compete.

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.

1. Confidentiality.

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.

1. Non-Defamation.

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.

1. Non-Solicitation.

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.  

If the Supplier uses the Company’s platform/marketplace to find customers and the Supplier subsequently contacts and/or deals directly with the customer instead of completing the deal through the Company’s platform/marketplace. This will be deemed as a violation of this Agreement and the Company reserves the sole and absolute right to pursue legal action against the Supplier as well as ban the account of the Supplier.

1. Force Majeure.

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.

1. Assignment.

Neither Party shall assign any rights or obligations associated with this Agreement.

1. Governing Laws.

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.

1. Entire Agreement.

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.

1. 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.

1. Severability.

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 in order to achieve, to the greatest extent possible, the same effect as would have been achieved by the Clause, or the part of the Clause, in question.