Welcome to SupTomer, the website of Third Dimensions System (collectively, "SupTomer," "we," "our" or "us" ). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively, the "Service"). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”) and have read and understood our Privacy Notice, whether or not you are a registered user of our Service.
SupTomer reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”), including Restaurant Owner and Vendors (as defined below), and this Agreement is made among you and SupTomer. Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
SupTomer offers a service that enables:
This is a contract between you and SupTomer. You must read and agree to these terms before using the SupTomer Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with SupTomer, and only in compliance with this Agreement and all applicable local, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by SupTomer. In order to use the Service, you must be at least 18 years of age and able to form legally binding contracts under the relevant laws of the jurisdiction where you reside.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. SupTomer reserves all rights not expressly granted herein in the Service and the SupTomer Content (as defined below). SupTomer may terminate this license at any time for any reason or no reason.
Your account on the Service (your “User Account”) gives you access to the Service and functionality that we may establish and maintain from time to time and at our sole discretion. We may maintain different types of User Accounts for different types of Users, such as Restaurant Owners and Vendors. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. You must notify SupTomer immediately of any breach of security or unauthorized use of your User Account. SupTomer will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your profile or settings page. By providing SupTomer your email address and/or phone number, you consent to our using the email address and/or phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also send you other messages, such as messages regarding changes to features of the Service and special offers. If you do not want to receive such messages, you may be able to opt out or change your preferences in your profile or settings page or by otherwise contacting SupTomer. Opting out may prevent you from receiving messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities:
We may, without prior notice, change the Service; stop providing the Service or features of the Service to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination of the Service for any reason or no reason, you continue to be bound by this Agreement with regard to any aspects of the Service already performed as of the termination date.
You are solely responsible for your interactions with other Users, including but not limited to Restaurant Owners and Vendors. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SupTomer shall have no liability for your interactions with other Users, or for any User’s action or inaction.
The Service is intended for use by Users in the United Arab Emirates and the Kingdom of Saudi Arabia. SupTomer makes no representations in this Agreement that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions may be subject to separate terms of service applicable to users in those jurisdictions. Users who access the Service from a jurisdiction in which SupTomer does not have an applicable set of terms of service do so in violation of this Agreement and do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations, including but not limited to export and import regulations.
SupTomer is an independent service provider. SupTomer is in no way affiliated, formally or otherwise, with the Vendors of Restaurant Owners. Notwithstanding the foregoing, certain Vendors are also customers of SupTomer. For the avoidance of doubt, this Agreement does not constitute an agreement between SupTomer, Restaurant Owners, and their Vendors; SupTomer does not have any responsibility or liability for any consequence resulting from Restaurant Owners’ interactions or contracts with their Vendors, including but not limited to, the terms of any sale such as payment, the means by which goods or services are delivered, and any and all other disputes that may arise. SupTomer has no responsibility for any Vendor’s products, services, or statements.
Some areas of the Service allow Users to submit, post, display, provide, or otherwise make available content such as profile information, order information, product information, images, comments, questions, and other content or information (any such materials a User submits, posts, displays, provides, or otherwise makes available on the Service is referred to as “User Content”).
By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service:
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
SupTomer takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, sends, or otherwise makes available over the Service, including Vendors’ pricing information and Restaurant Owners’ order information. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that SupTomer shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “SupTomer Content”), and all Intellectual Property Rights related thereto, are the exclusive property of SupTomer and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any SupTomer Content. Use of the SupTomer Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
All products that may be ordered from or via the Service by a Restaurant Owner are transported and delivered to the Restaurant Owner by or on behalf of the applicable Vendor, not by SupTomer, unless explicitly engaging SupTomer Logistical services. Title to such products ordered on the Service, as well as the risk of loss for such products, is subject to agreement between the Restaurant Owner and Vendor, and SupTomer hereby disclaims any liability in connection with such risk of loss.
If you use the Service to send email or SMS communications to other Users, then you represent that you have adequate rights to use the Service to send such communications, and must comply with all applicable laws in connection with such communications, including, but not limited to, all applicable notice, consent and consumer choice requirements.
Your privacy is important to us. For more information about our privacy practices, please refer to our Privacy Notice.
SupTomer cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless SupTomer and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from SupTomer or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, SupTomer, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, complete, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Further, SupTomer does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, including any product offered by a Vendor through the Service, and SupTomer will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
To the maximum extent permitted by applicable law, in no event shall SupTomer, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will SupTomer be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, SupTomer assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall SupTomer, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to SupTomer or 1000 SAR, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if SupTomer has been advised of the possibility of such damage. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SupTomer without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
SupTomer may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website/Mobile app, as determined by SupTomer in our sole discretion. SupTomer reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. SupTomer is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. SupTomer may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
This Agreement, together with any amendments and any additional agreements you may enter into with SupTomer in connection with the Service, shall constitute the entire agreement between you and SupTomer concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and SupTomer’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at [email protected] with any questions regarding this Agreement.
(i) Either Party may terminate this Agreement by giving the other Party a thirty (30) day prior written notice.
(ii) At the end of the termination notice period, each Party shall immediately cease to use the other Party’s intellectual property (including the Software and hardware) and shall either return it to such Party or remove it from its equipment and confirm in writing such removal.
(iii) Any sum owing to that Party under any of the provisions of the Agreement must be paid within fifteen (15) days of the due date for payment as specified in the invoice.
For the purpose of confidentiality and data protection, from the date hereof until the date of termination of this Agreement, the User (including its employees and representatives) undertakes not to, directly or indirectly, share any of SupTomer’s data with any other third party. In the event the Client is in breach of this confidentiality clause, SupTomer shall have the right to
(i) terminate this Agreement for cause and
(ii) take legal action against the Client.
14.1 The obligations under clauses 14 shall not apply to any information to the extent the Recipient can demonstrate by appropriate evidence that such information:
14.1.2 is (at the time of disclosure) or becomes (after the time of disclosure) known to the public or part of the public domain through no breach of this Agreement by the Recipient;
14.1.3 was known to, or was otherwise in the possession of, the Recipient prior to the time of disclosure by the Disclosing Party or any of its affiliates;
14.1.4 is disclosed to the Recipient on a non-confidential basis by a third party who is entitled to disclose it without breaching any confidentiality obligation to the Disclosing Party; or
14.1.5 is independently developed by or on behalf of the Recipient, as evidenced by its written records, without reference to the Confidential Information disclosed by the Disclosing Party under this Agreement.
14.2 Nothing contained in this Agreement shall prevent the Recipient from disclosing any Confidential Information, or doing any act, pursuant to any order of a court of competent jurisdiction, or any requirement of law, order, regulation or ruling applicable to the Recipient, or any requirement or request of any applicable government department or agency, regulatory authority, provided that, so far as it is lawful and practical to do so prior to such disclosure, the Recipient shall promptly notify the Disclosing Party of such requirement or request with a view to providing the opportunity for the Disclosing Party to contest such disclosure or otherwise to agree the timing and content of such disclosure. The Recipient will disclose only that portion of the Confidential Information which is strictly required to be disclosed and endeavor to ensure that the persons to whom it is disclosed continue to observe its confidentiality.
14.3 The Recipient acknowledges and agrees that damages alone could not be an adequate remedy in the event of a breach of its obligations under this clause 7. Accordingly, it is agreed that the Disclosing Party shall be entitled, without proof of special damages, to seek an injunction or other interim remedy for any threatened or actual breach of this clause 7 by the Recipient, without prejudice to any other rights and remedies which the Disclosing Party may have.
14.4 “Confidential Information” means any information of a confidential or proprietary nature in relation to the Disclosing Party, including without limitation, details of its business methods, the identity of any of its customers or suppliers, its pricing structure or margins, any financial information or its terms of business with restaurants, customers or drivers.
The User authorizes SupTomer to share the following legal documents with Vendor(s) for the setting up of new accounts; Trade license and TRN (if applicable).