Terms & Conditions-Transport, Delivery and More.

TERMS OF USE

Section (A) – General Terms

1. Introduction

1.1. Please read these Terms of Use carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Use which are applicable to you. These Terms of Use and the BBR Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and BBR (as defined below). The Agreement applies to your use of the Service provided by BBR. If you do not agree to the Terms of Use please do not use or continue using the Platform (as defined below) or the Service.

1.2. BBR may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on http://www.bbr.af or the Application. It is your responsibility to review the Terms of Use and BBR Policies regularly. Your continued use of the Service after any such amendments, whether reviewed or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3. If you use the Service in a country other than the country where you registered for the Application (the “Alternate Country“), you must regularly review the Terms of Service applicable in the Alternate Country which can be found at https://www.bbr.af as it may differ from the country where you registered for the Application. By using the Service in the Alternate Country, you agree to be bound by prevailing Terms of Use in the Alternate Country.

1.4. ZINZIR IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR USERS TO OBTAIN OR PROCURE SERVICES. DEPENDING ON THE SERVICE IN QUESTION, THE SERVICES MAY BE SUPPLIED BY BBR OR A THIRD PARTY PROVIDER. WHERE THE SERVICE IS PROVIDED BY A THIRD PARTY PROVIDER, ZINZIR’S/BBR’S ROLE IS MERELY TO LINK THE USER WITH SUCH THIRD PARTY PROVIDER. ZINZIR/BBR IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY THIRD PARTY PROVIDER, AND ANY LIABILITY IN RELATION TO SUCH SERVICES SHALL BE BORNE BY THE THIRD PARTY PROVIDER. THIRD PARTY PROVIDERS SHALL NOT REPRESENT TO BE AN AGENT, EMPLOYEE OR STAFF OF BBR AND THE SOLUTIONS PROVIDED BY THIRD PARTY PROVIDERS SHALL NOT BE DEEMED TO BE PROVIDED BY BBR.

2. Definitions

In these Terms of Use, the following words shall have the meanings ascribed below:

2.1. “Application” means the relevant mobile application(s) made available for download by BBR (or its licensors) to Users and Third Party Providers respectively;

2.2. “BBR” / “we” means:

2.2.1. Zinzir Ltd in relation to BBR Taxi and Just BBR;

2.2.2. BBR car Ltd in relation to BBR Car, BBR Food, BBR Parcel Express;

2.2.3. BBR taxi Ltd and/or BBR car Ltd 

2.2.4. In relation to BBR for Business, the BBR entity stated at the BBR for Business account sign-up page (or if there is no such entity stated, BBR taxi Ltd and BBR car Ltd); and/or

2.2.5. The relevant subsidiary, affiliate, associated company of or entity jointly controlled by BBR taxi Ltd.

2.3. “BBR Policies” means the following:

2.3.1. The Privacy Policy;

2.3.2. The BBR Shuttle booking policy and BBR Shuttle Plus booking policy each as published in the Application;

2.3.3. The BBR Driver / Delivery Partner Code of Conduct or the BBR Customer Code of Conduct, as may be applicable; and

2.3.4. all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;

2.4. “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.5. “Platform” means the Application, Software and any other platform, portal or website which BBR owns, operates or otherwise makes available to Users and/or Third Party Providers for the purposes of or in connection with the Service and/or Solutions;

2.6. “Platform Content” means any content as made available on the Platform or any part thereof;

2.7. “Privacy Policy” means our privacy policy accessible at: https://www.bbr.af as amended from time to time;

2.8. “Rectification Measure” has the meaning ascribed to it in Clause 29.2 of Section A;

2.9. “Service” means the linking of Users to Third Party Providers or other Users to facilitate the Solutions;

2.10. “Software” means any software in connection with the Application, Service and/or Solutions which is made available by BBR;

2.11. “Solutions” means the following transportation, logistics and/or other services which are made available to Users through the Service (each a “Solution”):

2.11.1. BBR-Taxi;

2.11.2. BBR-Car;

2.11.3. BBR-Parcel;

2.11.4. BBR-Food;

2.11.5. BBR for Business;

2.11.6. Any such other services which BBR may make available from time to time;

2.12. “Third Party Provider” means the independent third parties who provide the relevant Solutions to Users through the Service, including drivers, delivery partners and third party merchants such as BBR Food Merchants.

2.13. “User” means any person who accesses or uses the Platform to search for and obtain the Solutions; 

2.14. “User Charges” shall mean charges incurred by Users for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions; and

2.15. “You” refers to the Third Party Provider and/or User as may be applicable.

3. Representations, Warranties and Undertakings

3.1. By using the Service, you represent, warrant/undertake that:

3.1.1. You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;

3.1.2. All the information which you provide shall be true and accurate;

3.1.3. You will only use the Platform and Service for their intended and lawful purposes;

3.1.4. You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;

3.1.5. You agree to notify us immediately of any unauthorized use of your account or any other breach of security;

3.1.6. You will not try to interrupt or harm the Service and/or Platform in any way;

3.1.7.You will not attempt to commercially exploit any part of the Platform without our permission, including without limitation modify any of the Platform’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;

3.1.8. You shall not impair or circumvent the proper operation of the Platform and network which the Service operates on;

3.1.9.You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;

3.1.10. You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;

3.1.11. You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;

3.1.12. You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards BBR or any third party;

3.1.13. When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;

3.1.14. You will not copy or distribute the Platform or any content or part thereof without written permission from BBR;

3.1.15. You will provide accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that BBR may rely on your information as accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, BBR has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

3.1.16. You will only use an access point or account which you are authorized by BBR to use;

3.1.17. You agree that the Service is provided on a reasonable effort basis;

3.1.18. You agree that your use of the Service will be subject to the BBR Policies as may be amended from time to time;

3.1.19. You agree to assist BBR with any internal or external investigations as may be required by BBR in complying with any prevailing laws or regulations in place; 

3.1.20. You agree to assume full responsibility and liability for all loss or damage suffered by yourself, BBR or any other party as a result of your breach of this Agreement;

3.1.21. You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud BBR or to disrupt the natural functions of the Platform; and

3.1.22. You provide us the phone numbers of BBR users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorized to provide us with such numbers to enhance the Service/Platform for your use or such other purpose as we may communicate to you before or at the point of provision.

3.2. If you are a Third Party Provider, you further represent, warrant/undertake that:

3.2.1. If applicable, you possess a valid driver’s license and are authorized to operate a motor vehicle and have all the appropriate licenses, approvals and authority to provide transportation or delivery services for hire to third parties in the jurisdiction in which you use the Service;

3.2.2. If applicable, you own, or have the legal right and authority to operate, and you have all appropriate licenses and approvals in respect of, the vehicle, motorcycle, bicycle or other mobility device (“Vehicle”) which you intend to use when providing transportation or delivery services for hire, and such Vehicle is in good operating condition and meets the industry safety standards for Vehicles of its kind;

3.2.3. If applicable, you will use the appropriate road safety equipment (e.g. helmet);

3.2.4. If applicable, you have a valid policy of liability insurance (in industry-standard coverage amounts) for the operation of your Vehicle and/or business insurance to cover any anticipated losses related to the operation of a taxi/passenger transportation service or other delivery service;

3.2.5. You shall be solely responsible for any and all claims, judgments and liabilities resulting from any accident, loss or damage including, but not limited to, personal injuries, death, total loss and property damage which is due to or is alleged to be a result of the transportation/delivery service provided by you;

3.2.6. You shall obey all local laws related to the operation of a taxi/passenger transportation service or other delivery service and will be solely responsible for any violations of such local laws;

3.2.7. You shall not contact Users for purposes other than in connection with the Service;

3.2.8. You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Platform, or any other customer of BBR, including without limitation any user account not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform;

3.2.9. You are aware that when responding to Users, standard telecommunication charges may apply which shall be solely borne by you;

3.2.10. If you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; 

3.2.11. You agree that you are forbidden from giving out coupons and suggesting any other form of discounts to the Users. You are strictly forbidden to use the Service and Platform for other purposes such as but not limited to data mining of BBR’s information or information related to the Platform or the Service. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and BBR reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Service/Platform other than for the purpose for which it is intended to be used; and

3.2.12. Without prejudice to any other provisions, information which you have submitted to us for your registration as a Third Party Provider on the Platform, which may include your personal data as described in the Privacy Policy, may be linked to the account on the Platform or otherwise be temporarily displayed in the course of the Services on the Platform. You hereby give your consent to such use of information for the purposes of the Solutions, and to facilitate your use of our products and services. Your use of the Platform or any part thereof may be monitored by us or a third party service provider to provide you with information on your business and account as well as better services. You further agree that any personal data you receive via the Platform or otherwise in connection with the Solutions shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the personal data is no longer required to be retained for the said purpose. For the avoidance of doubt, when you are provided with personal data of a User via the Platform for the purposes of obtaining prior confirmation to amend an order placed, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.

3.3. If you are a User, you further represent, warrant/undertake that:

3.3.1. Your use of the Service and Platform is, unless otherwise allowed by BBR, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;

3.3.2. If you are using the Service and Platform for the purpose of accessing a personal mobility device (PMD) made available to you, you warrant that you are of full age under the applicable laws to operate the PMD;

3.3.3. Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service.

3.3.4. You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the third party transportation provider is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy on BBR’s website;

3.3.5. You shall not contact the Third Party Provider for purposes other than the Service;

3.3.6. You shall not intentionally or unintentionally cause or attempt to cause damage to the Third Party Provider or the Vehicle;

3.3.7. Where applicable, you will not create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;

3.3.8. Where applicable, you will not copy any content displayed through the Platform, including any third party product content and reviews, for republication in any format or media;

3.3.9. You acknowledge and agree that only one (1) account can be registered on one device;

3.3.10. You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply; and

3.3.11. You agree that BBR may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account. 

4. Compatibility

Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform with specific mobile devices or other hardware.

5. License Grant and Restrictions

5.1. BBR and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Platform to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by BBR and its licensors.

5.2. You shall not:

5.2.1. license, sublicense, sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform or any parts thereof in any way;

5.2.2. Modify or make derivative works based on the Platform or any parts thereof;

5.2.3. “Mirror” the Platform or any parts thereof on any other server or wireless or internet-based device;

5.2.4. Except to the extent such restriction is prohibited under applicable law, disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;

5.2.5. Use any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, (a) to unduly burden or hinder the operation and/or performance of the Platform; (b) to conduct data mining or scraping activities, or (c) in any way reproduce or circumvent the navigational structure or presentation of the Platform or its content;

5.2.6. Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;

5.2.7. Remove any copyright, trademark or other proprietary rights notices contained on the Platform; or

5.2.8. Use the Platform to: (a) send spam or otherwise duplicative or unsolicited messages; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violate of third party privacy rights; (c) send material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfere with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempt to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (g) engage in any conduct that could possibly damage our reputation or amount to being disreputable.

6. Payments

6.1 Payment Terms for Third Party Providers (Drivers/Delivery Partners)

6.1.1 The fees which you pay BBR for the Service are due immediately and are non-refundable (“Service Fee“). This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Platform, our decision to terminate or suspend your access to the Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.

6.1.2 YOU ACKNOWLEDGE AND CONFIRM THAT BBR MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF USER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.

6.1.3 BBR retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the User have breached any of the Terms in this Agreement. In such an event, you shall not hold BBR liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

6.1.4 BBR may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Users whereby these promotional offers shall accordingly be honored by you. BBR may change the Service Fee at any time at its sole discretion.

6.1.5 Driver’s Cash Balance: BBR shall administer payments to you and from you by way of a wallet system (the “Driver’s Cash Balance“). Your earnings will be displayed in the Driver’s Cash Balance in the Application and may be withdrawn by you to your designated bank account, or where available, to your Driver Zinzir/HesabPay Wallet, or to such other recipient accounts as are made available in the Application. BBR reserves the right to make such deductions from the Driver’s Cash Balance as are provided for in these Terms of Use, as are authorized by you, or as are notified to you via the Application.

6.1.6 Driver’s Credit Balance: In addition to your Driver’s Cash Balance, you must also maintain with BBR a Driver’s Credit Balance. The Driver’s Credit Balance comprises a pre-payment to BBR by you of commissions and other fees and charges applicable under these Terms of Use. You must at all times maintain a minimum credit balance (“Minimum Balance”) in your Driver’s Credit Balance in order for you to use the Service. The amount of such Minimum Balance shall be prescribed by BBR, and shall be notified to you via the Application. It may be changed at any time at BBR’s sole discretion.

6.1.7 You may add funds (“Credits”) to your Driver’s Credit Balance to fulfill the Minimum Balance requirement. The maximum balance you may hold in the Driver’s Cash Balance at any time is AFN 25,000 Balance may be added in any manner prescribed by BBR from time to time (such as cash reload and credit/debit card payments or transfer from your Driver Cash Balance).

6.1.8. Funds in the Driver’s Credit Balance are not redeemable for cash and cannot be refunded. They cannot be resold, exchanged or transferred for value under any circumstances. The funds shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. You will not receive interest or other earnings on your Credits. BBR may receive interest on amounts that BBR holds on your behalf. You agree to assign your rights to BBR for any interest derived from your Credits.

6.1.9. Driver’s Zinzir/HesabPay Wallet: Where available, Drivers will be provided with a Zinzir/HesabPay stored value facility wallet. This wallet may be used to receive funds withdrawn from the Driver’s Cash Balance pursuant to Clause 6.1.4 above, as well as make payments, remittances and transfers of funds to other Users. Usage of your Driver’s Zinzir/HesabPay Wallet will be governed by the Zinzir/HesabPay Terms of Use, accessible via the https://www.bbr.af website.

6.2 Payment Terms for Users:

6.2.1. Users are required to make full payment of the User Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.

6.2.2. Automated payment may be made by credit card and or debit card, by Zinzir/HesabPay, alternative e-Wallets or by Pay Later or where available by such other methods as are made available in the Application. The terms of these non-cash payments made by you through the Application will be governed by the Zinzir/HesabPay Terms of Use, accessible via the https://www.bbr.afhttps://www.hesab.af website.

6.2.3. If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the User Charges after the Solution has been provided and given to the Third Party Provider unless you choose to change the amount or remove the tip.

7. Cancellation

7.1. Cancellation Terms for Third Party Providers:

7.1.1. The Users rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Users’ bookings will impair the Users’ experience and negatively impact the reputation and branding of BBR.

7.1.2. While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. BBR reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.

7.2. Cancellation Terms for Users (Transportation Solutions):

7.2.1. Unless otherwise stated in any BBR Policy, you may cancel your request for transportation services at any time before you commence your ride with the Third Party Provider that has been matched with you by the Service.

7.2.2. If you decide to cancel your ride booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as BBR may notify from time to time via the Cancellation Policy on BBR’s website.

7.2.3. If you feel you were incorrectly charged a Cancellation Fee, you may contact BBR via Help Centre on BBR’s website for assistance. BBR reserves its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or to your BBR Wallet or by such other method as is deemed reasonable by BBR.

8. BBR Rewards Loyalty Program and Promotions for Users

8.1. If indicated as such during your use of the Application, you will automatically be a member of the loyalty program named “BBR Rewards Loyalty Program” operated by BBR and/or its affiliate companies.

8.2. The terms of the BBR Rewards Loyalty Program will be governed by the BBR Pay Terms of Use, accessible via the http://www.bbr.af website.

8.3. From time to time, BBR may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans or other promotional offers to be used on the Platforms (“Vouchers“). Vouchers are subject to validity periods, redemption periods, limits and/or other availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable, and non-refundable and cannot be exchanged for cash. BBR may withdraw, amend and/or alter any applicable terms and conditions of the promotions or subscriptions at any time without prior notice. BBR may also void, discontinue or disqualify any User from any promotion or subscription plan without prior notice in the event that that User breaches any part of these Terms of Use.

9. Ratings

9.1. Users and Third Party Providers may be allowed to rate each other in respect of Solutions provided.

9.2. Every rating will be automatically logged onto BBR’s system and BBR may analyses all ratings received. BBR may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

10. Complaints

10.1. Any complaints between Third Party Providers and Users must be taken up with each other directly.

11. Repair and Cleaning Fees for Users

11.1. Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Third Party Provider’s Vehicle as a result of your misuse of the Service or breach of the Terms of Use herein. BBR may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Third Party Provider via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Third Party Provider has been verified by BBR.

12. Intellectual Property Ownership

12.1. BBR and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service and/or any Solution. The Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by BBR and/or its licensors. BBR’s name, BBR’s logo, the Service, the Platform and the third party transportation providers’ logos and the product names associated with the Software and/or the Platform are trademarks of BBR or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.

13. Taxes

13.1. You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend BBR to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

13.2. If you are a Third Party Provider, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

14. Confidentiality

14.1. You shall maintain in confidence all information and data relating to BBR, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of BBR (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from BBR, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without BBR’s prior written consent, disclose such information to any third party nor use it for any other purpose.

14.2. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

14.2.1. Was at the time of receipt already in your possession;

14.2.2. Is, or becomes in the future, public knowledge through no fault or omission on your part;

14.2.3. Was received from a third party having the right to disclose it; or

14.2.4. Is required to be disclosed by law.

15. Data Privacy and Personal Data Protection Policy

15.1. BBR collects and processes your Personal Data in accordance with its Privacy Policy. The Privacy Policy applies to all of BBR’s Services and its terms are made a part of this Agreement by this reference.

15.2. Where applicable, you agree and consent to BBR, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Policy.

15.3. You acknowledge that BBR may disclose Personal Data of other individuals to you in the course of your use of BBR’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by BBR, and not for any other unauthorized purposes.

16. Third Party Interactions

16.1. During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party and BBR and its licensors shall have no liability or obligation for any such communication or agreement. Neither BBR nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform, and in no event shall BBR, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third party providers. Certain third party providers of transportation, goods and/or services may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and BBR is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third party providers. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. BBR is not liable for any information that you provide to or authorize us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

16.2. BBR may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Policy for instructions to unsubscribe or update your privacy settings.

16.3. You agree and allow BBR to compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.

16.4. We may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties (“Third Party Links“). Such Third Party Links are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the content, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

16.5. You acknowledge that in addition to utilizing data from the Data Sources listed in Clause 8 of Section B, the Platform utilizes and modifies search results from Google Maps services and content, and that by using the Platform, you agree to comply with (a) the Google Maps/ Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; (b) the Google Privacy Policy at https://www.google.com/policies/privacy/; and (c) the Google Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/. You further agree that when using the Platform you shall not:

16.5.1 Copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble or otherwise attempt to extract any of the source code of Google Maps;

16.5.2 Sublicense, transfer or distribute Google Maps;

16.5.3 sell, resell or otherwise make Google Map available to a third party as part of a commercial offering that does not have material value independent of Google Maps; or

16.5.4 Access or use Google Maps in a manner that is illegal or which is likely to result in a circumvention of any fees payable to Google.

16.6. Save for factual, truthful and not misleading references through a plain text link to http://www.bbr.af or URL(s) which BBR may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by BBR. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that BBR is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with BBR, (e) presenting false information about products or services of BBR, and (f) using any logo or mark of BBR without prior written approval from BBR.

17. Indemnification

17.1. By agreeing to the Terms of Use upon using the Service or accessing the Platform, you agree that you shall indemnify and hold BBR, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform and/or any part thereof in your dealings with the Third Party Providers or Users (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Use, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Third Party Providers or Users arranged via the Service, or (d) your use or misuse of the Service, the Platform and/or any part thereof; and (e) where applicable, your ownership, use or operation of any Vehicle, including your provision of Solutions to Users via the Service where applicable.

18. Disclaimer of Warranties

18.1. BBR makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. BBR does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service and the Platform are provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.

18.2. BBR makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Third Party Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Third Party Providers and shall have no recourse to BBR in respect of the same.

18.3. Where applicable, BBR’s role as collection agent is solely mechanical and administrative in nature and BBR does not owe to you a duty of care or any fiduciary duties.

19. Internet Delays

THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE THIRD PARTY PROVIDER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. BBR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

20. Limitation of Liability

20.1. UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST BBR BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. BBR AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

20.1.1. LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

20.1.2. THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

20.1.3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR

20.1.4. AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY USER, THIRD PARTY PROVIDER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PLATFORM OR IS REFERRED TO BY THE SERVICE AND/OR THE PLATFORM,

EVEN IF BBR AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2. BBR DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE BBR FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.

20.3. BBR WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND USERS OR THIRD PARTY PROVIDERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CUSTOMER WITH A CURRENT CORPORATE ACCOUNT WITH BBR, BBR CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE BBR FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND/OR THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE AND/OR THE PLATFORM.

20.4. THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE USER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

21. Notice

21.1. BBR may give notice through the Platform, electronic mail to your email address in the records of BBR, or by written communication sent by registered mail or pre-paid post to your address in the records of BBR. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to BBR (such notice shall be deemed given when received by BBR) by letter sent by courier or registered mail to BBR using the contact details as provided in the Platform.

22. Assignment

22.1. Unless otherwise stated herein, this Terms of Use as modified from time to time may not be assigned by you without the prior written approval of BBR but may be assigned without your consent by BBR. Any purported assignment by you in violation of this section shall be void.

23. Dispute Resolution

23.1. This Terms of Use shall be governed by Afghanistan’s law, without regard to the choice or conflicts of law provisions of any jurisdiction.

24. Relationship

24.1. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise with BBR.

25. Severability

25.1. If any provision of the Terms of Use is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

26. No Waiver

26.1. The failure of BBR to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision.

27. Entire Agreement

27.1. This Agreement comprises the entire agreement between you and BBR in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with BBR which incorporates a reference to these Terms of Use, these Terms of Use shall be applicable in addition to the said written agreement. In the event there are inconsistencies between these Terms of Use and the separate written agreement, you agree to work with BBR in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.

28. Suspension and Termination; Modification of Platform Content

28.1. You agree that we may do any of the following, at any time, without notice:

(i) Modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;

(ii) Modify or change any applicable policies or terms; and

(iii) Interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

We shall not be required to compensate you for any modification, suspension or termination.

28.2. Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates BBR Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as BBR deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).

29. No Third Party Rights

29.1. Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.

Section B – Additional Terms

1. BBR Food

1.1. For BBR Food Users:

1.1.1. The Platform allows you to place orders for food and beverage from food and beverage providers (“BBR Food Merchants”), which at your option when placing the order(s), may be delivered to you by an independent third-party food delivery services provider (“Delivery Service Provider(s)”) or be made available for self-pick-up from the respective BBR Food Merchants during the time period as specified in the Platform or otherwise communicated by BBR. BBR does not own, sell or resell any food and beverage items and does not control the BBR Food Merchants, the Delivery Service Providers or any services provided by them. You understand that any order that you place shall be subject to the product availability and location serviceability of the BBR Food Merchants and/or the Delivery Service Providers.

1.1.2. All food order and delivery bookings placed on the Platform (“Food Order”) are treated as confirmed. You shall not be entitled to cancel a Food Order after it is confirmed (including any address changes initiated via the app chat or call function with the Third Party Provider). If you cancel a Food Order after it has been confirmed, you remain liable to pay the applicable fees for the Food Order in full regardless of whether it has been prepared by the BBRFood Merchant. For the avoidance of doubt, where you have opted to self-pick up a Food Order, you will be deemed to have cancelled the Food Order by not collecting it within the time period specified in the Platform or otherwise communicated by BBR. Neither BBR nor the Third Party Provider shall be responsible to retain the Food Order for your collection after the said period has lapsed.

1.1.3. Upon your placement of a Food Order, the BBR Food Merchants and/or the Delivery Service Provider may call you on the telephone or mobile number provided or otherwise contact you to confirm the details of the order, any change in the order (for instance, due to unavailability), the price to be paid or any change thereof and/or the estimated delivery time. For the avoidance of doubt, BBR is not involved in and will not be responsible for any such separate arrangement between you and the BBR Food Merchant and/or Delivery Service Provider.

1.1.4. You remain liable to pay the order value in full where (i) cancellation is made by you after the BBR Food Merchant starts food/beverage preparation or (ii) you are not present or do not show up at the designated delivery location or you are unreachable physically or uncontactable after 10 minutes from the time that the Delivery Service Provider arrives at the designated delivery location.

1.1.5. BBR, the BBR Food Merchant and/or Delivery Service Provider may not process your Food Order in the event of any of the following:

(a) You are unavailable on the phone at the time of the call for confirming the order or otherwise uncontactable,

(b) If the requested delivery location falls outside the delivery zone offered in the Application,

(c) There is a lack of information, direction or authorization from you at the time of delivery, or

(d) Unavailability of items ordered.

1.1.6. The prices of food and beverage items reflected in the Platform are determined solely by the BBR Food Merchant and are listed for information only.

1.1.7. Prices of food and beverage items as reflected in the Platform may, for reasons such as technical issue, typographical error or outdated product information supplied by the BBRFood Merchant, be incorrectly reflected and in such an event the BBRFood Merchant may cancel your order(s).

1.1.8. The BBR Food Merchant shall be solely responsible for any warranty in relation to, and quality of, the food and beverage products sold to you.

1.1.9. You are responsible for ensuring that the details entered by you in respect of the Food Order on the Platform are accurate and complete. BBR shall not be liable (i) in the event of late delivery or non-delivery of food and beverage items that you order by reason of erroneous delivery details entered by you on the Platform; or (ii) in the event of late or non-collection of the takeaway you ordered for self-pick-up by reason of erroneous collection details entered by you on the Platform.

1.1.10. After the delivery of the food and beverage items or collection of the takeaway you ordered for self-pick-up, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention of the food and beverage items (including but not limited to containers) whether caused directly or indirectly by you or any person acting on your behalf.

1.1.11. If you wish to use or apply any promotion codes or discounts, you must enter the available promotion codes or discounts upon checkout of the Food Order. All promotion codes and discounts are subject to its specific terms and conditions, are mutually exclusive and cannot be combined with other promotions, unless otherwise stated. The price payable for the discounted food or beverage item may be rounded and will be set out on the checkout page for your Food Order. You agree that we are not obliged to accept late submission of promotion codes and discounts after the checkout process has been completed. We will not be liable for any losses, damages, costs and expenses suffered or incurred as a result of the theft or illegal or fraudulent usage of any promo codes and discounts. We may take any action against you if you have been found to be using any promotion codes and discount in an illegal or fraudulent manner, including without limitation, suspending or terminating your user account. Pursuant to arrangement or agreement between you and the BBR Food Merchant and/or Deliver Service Provider pursuant to Clause 1.1.3 above, you may no longer be eligible for the promotion code(s) or discount(s) for the order placed. In such circumstances, we reserve the right to remove the application of the promotion(s) or discount(s) from the order(s) placed or otherwise carry out the necessary action to correct the promotion(s) or discount(s) which has been incorrectly applied. 

1.2. For BBRFood Merchants:

As a BBR Food Merchant, in addition to provisions applicable to Third Party Provider in general and other terms or contracts which you have entered into with BBR, you are subject to the additional terms below.

1.2.1. Creation and Monitoring of Self-funded Marketing Activities

You may be able to create a campaign, participate in promotion or place an order for advertisement(s) on the Platform PROVIDED ALWAYS THAT you agree to bear any and all costs or expenses which may arise in connection with the campaign, promotion and/or advertisement (“Marketing Activity (ies)”). In creating or otherwise indicating consent to participate in a Marketing Activity, you may be required to indicate information such as the type of Marketing Activity, budget for the Marketing Activity and/or the proposed duration for the Marketing Activity. The types of Marketing Activities which you may choose from the Application may be varied from time to time at BBR’s sole discretion, and where provided, suggested or offered, you agree and acknowledge that they are made available on an ‘as-is’ basis.

By creating or participating in any Marketing Activities, you accept the following additional general conditions:

(a) Any information submitted through your account to us (whether via our Application or otherwise), including without limitation the submission of your consent to participate in a Marketing Activity and acceptance of the applicable terms, shall be deemed to have been submitted by you, regardless of whether they are submitted on your behalf by your employee or other individuals. You are solely responsible to ensure that only authorized individuals have access to your account.

(b) Any information you input into the Platform where required or otherwise provided to us must be complete, truthful, accurate and not misleading.

(c) Your intention to create or otherwise indicate consent to participate in a Marketing Activity must be genuine and must not be conducted in a manner which may be misleading to the Users. You shall indemnify us in the event where we incur any losses or damages arising from or in connection with the Marketing Activity.

(d) Depending on the type of Marketing Activity elected by you, the way in which we may facilitate the Marketing Activity may differ. You agree that it is your responsibility to review any and all information made available by us to understand how each type of Marketing Activity will be facilitated. If you have any enquiries, you agree that you are responsible to clarify the same with our personnel before creating or otherwise indicating consent to participate in a Marketing Activity. By creating or otherwise indicating consent to participate in a Marketing Activity, you irrevocably agree to the way in which the Marketing Activity will be facilitated.

(e) You shall be responsible to directly handle any complaints or enquiries from Users in respect of the Marketing Activity.

(f) In the event where you would like to end, pause or otherwise vary a Marketing Activity (for example, where the discounted item under the Marketing Activity has become out of stock prior to expiry of the said duration, where you would like to cancel the Marketing Activity or vary the budget indicated for the Marketing Activity), you must immediately indicate the same via our Application or otherwise in accordance with the process as may be specified by us. Prior to the completion of the said process, you remain liable to bear any and all costs or expenses incurred in connection with the Marketing Activity and remain responsible to handle any enquiries or complaints from Users in respect of or in connection with the Marketing Activity. 

(g) Notwithstanding any provision otherwise and in any event, your creation or indication of consent to participate in a Marketing Activity does not indicate our approval that the Marketing Activity is in accordance with the applicable law. You agree that you are solely and entirely responsible for maintaining the confidentiality of the information submitted to us and to ensure that the Marketing Activity is, and will be conducted, in accordance with the applicable law.

(h) While we do not supervise or monitor the Marketing Activity, we reserve the rights to (but are not obliged to) cancel, take down, suspend or otherwise vary the Marketing Activity as we deem fit, without being liable for any damage or loss whatsoever, including any refund of the fee or cost which you have paid for the purposes of the Marketing Activity.

(i) We may make available to you information relating to the Marketing Activity, and such information is considered as part of the Platform Content and is subject to Clause 29.2 of Section A.

(j) You agree to pay to BBR any and all costs and expenses in connection with the Marketing Activity. Notwithstanding any other provisions, you authorize BBR and its affiliates to directly deduct any amount payable by you to BBR or its affiliates, including without limitation the said costs and expenses in connection with the Marketing Activity (“Amount Payable”), from any amount receivable by you as a Third Party Provider (including without limitation your balance in the merchant wallet on the Platform) (“Amount Receivable”) prior to crediting the Amount Receivable to the bank account(s) which you have instructed BBR or its affiliates to transfer the Amount Receivable to. We reserve the right to change the payment method or otherwise set off the Amount Payable against your Amount Receivable by providing reasonable notification to you, or to issue an invoice for the Amount Payable where we deem appropriate.

(k) You must notify us immediately if your account has been used without your authorization to create or otherwise indicate consent to participate in a Marketing Activity or where any other breach of security has occurred. In such an event, you agree to indemnify us for any losses or damages that we incur as a result of the unauthorized use (including but not limited to bearing the costs or expenses which have been incurred due to the Marketing Activity created or launched using your account). For the avoidance of doubt, we will not be liable for any losses that you incur as a result of someone else using your account.

(l) You agree that any amount payable to you by Users for each Food Order placed pursuant to the Marketing Activity may be rounded in accordance with our internal policies which we may update from time to time.

1.2.2 Submission and Variation of Content

We do not claim ownership of any content or information that you upload on the Platform or otherwise supply us with. Where you upload or provide us with any content that is covered by intellectual property rights (including without limitation photos or videos), you (a) grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide, perpetual license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content; and (b) undertake that you have the right to grant us such license.

We may enable you to vary or amend the content or information submitted by you to us (including without limitation information relating to the menu) or certain content submitted by User(s) in order to facilitate the Solution including without limitation detail(s) of an order placed by a user. You acknowledge that any such content or information may be made available in real time to end customers via the Platform or otherwise, and undertake that you will (and shall be responsible) to handle any complaints or queries by the User(s) in respect of the said content or information without incurring liability on our part. We may, but are not obliged to, review the content or information submitted or amended by you (via the Platform or otherwise) from time to time, and reserve the rights to remove or require amendments to any part of the content or information submitted by you where we deem necessary. For the avoidance of doubt, you shall at all times, ensure that the content or information submitted are not in contravention with the applicable laws and do not infringe any third party rights. In the event where you amend any content submitted by user(s) such as an order placed by a User, you further agree that by amending such content, (1) you have obtained the prior consent or acceptance from the affected User; and (2) BBR is not involved in and will not be responsible for the amendments made by you, though BBR reserves the right to (but is not obliged to) carry out Rectification Measure(s) to correct the amendment(s) made or otherwise resolve dispute or complaint arising from or in connection with the amendment(s) made.

2. BBR Parcel Delivery 

2.1. For BBR Parcel Delivery Third Party Providers:

2.1.1. You shall not accept any delivery item having size, dimensions or weight in excess of the below:

For BBR Delivery Bike

Not more than 32cm x 25cm x 12cm in size

Not more than 5 kg in weight

For BBR Car

Not more than 70cm x 50cm x 50cm in size

Not more than 20 kg in weight

2.1.2 You shall not accept any delivery item containing or which you believe may contain any of the below items:

Fragile items (including flowers, cakes) that require special handling

Raw meat, raw seafood, frozen food and/or dairy products

Hazardous, explosive, flammable and unsafe items (including power banks)

Valuable items and documents (e.g. cash, passport, or other official identification documents)

Credit or debit cards

Illegal items and substances (e.g. pornographic magazines and imitation weapons)

Live animals and plants

Any unpacked / loose items that can easily be damaged in transit

Counterfeit goods

Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones

Any items that cannot be reproduced (e.g. photos, film)

Any item(s) of an aggregate value exceeding AFN 10,000 

2.2. For BBR Parcel Users:

2.2.1. You shall not send any delivery item containing any of the following:

Fragile items (including flowers, cakes) that require special handling

Raw meat, raw seafood, frozen food and/or dairy products

Hazardous, explosive, flammable and unsafe items (including power banks)

Valuable items and documents (e.g. cash, passport, or other official identification documents)

Credit or debit cards

Illegal items and substances (e.g. pornographic magazines and imitation weapons)

Live animals and plants

Any unpacked / loose items that can easily be damaged in transit

Counterfeit goods

Bullion, currency in any denomination, tax stamps / stickers, bearer forms or negotiable instruments, precious metals / stones

Any items that cannot be reproduced (e.g. photos, film)

Any item(s) of an aggregate value exceeding AFN 10,000

2.2.2. You represent and warrant that you are either the owner or authorized representative of the owner of the delivery item, and that you are authorized to accept and you accept these Terms of Use for yourself or as a representative acting for and on behalf of the owner of the delivery item.

2.2.3. You are responsible for ensuring that the delivery details (e.g. recipient’s name, contact details and delivery address) entered by you on the Application are accurate and complete. BBR shall not be liable in the event of late delivery or non-delivery of delivery items by reason of erroneous delivery details entered by you on the Application. For the avoidance of doubt, address changes via the in app chat or call function with the Third Party Provider shall not be accepted as a proof of address change.

2.2.4. You represent and warrant that you are duly authorized by the recipient of the delivery item to provide the recipient’s details (e.g. name, contact details and delivery address) to BBR and the Third Party Provider (whether by way of your entering such details on the Application or otherwise).

2.2.5. You represent and warrant that the description and specific details of the delivery item which you provide are accurate and complete. Before delivery commences, you must inform the Third Party Provider of any specific precautions which should be applied to the handling of the delivery item in accordance with its nature.

2.2.6. You represent and warrant that you comply with all applicable laws and regulations relating to the nature, condition, packaging, handling, storage, and transportation of the delivery item and the delivery item is not or does not, in any way or condition: (a) non-compliant with or prohibited by any applicable laws or regulations; (b) dangerous; (c) easily experience degradation of quality; (d) flammable; (e) contain explosives; (f) corrosive; (g) contain radioactive substances.

2.2.7. BBR and/or the Third Party Provider has the right to open and inspect the delivery item without prior notice to you based on any reasonable suspicion that the delivery item may contain or constitute non-compliant or prohibited items as referred to in the abovementioned provisions herein and BBR and/or Third Party Provider has the right to refuse the receipt and delivery of such delivery item.

2.2.8. You represent and warrant that the delivery item has been packed by yourself personally, is properly and sufficiently prepared, packed, stowed, labelled and marked in a manner that is appropriate to any operations or transactions affecting the delivery item and the characteristics of the delivery item.

2.2.9. After the delivery item is delivered, you shall solely be liable for demurrage or loss, damage, contamination, soiling or detention relating to the delivery item whether or not caused directly or indirectly by you or any recipient of the delivery item (or any person acting as servant, representative or independent contractor for or on behalf of you or the recipient).

2.1.10. You acknowledge that in the ordinary course of delivering the item, the Third Party Provider may disclose your details to the recipient. BBR Parcel is not provided as an anonymous service. Therefore, you are solely responsible in determining your choice of recipient and BBR shall not be liable or be responsible for any losses (direct or indirect) suffered by or caused to you or arising out of or in connection with or by reason of your expectation of anonymity through the use of BBR Parcel. 

2.2.11. As a general rule you shall not be entitled to cancel your booking once you have received confirmation of the same. If you cancel your booking after it has been confirmed, you remain liable to pay the delivery booking fee in full. You remain liable to pay the delivery booking fee in full where the recipient whom you indicated in the Application is unreachable physically or uncontactable after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location. BBR and Third Party Provider will have the right to not proceed with your booking in the following circumstances:

(a) Where the requested delivery location falls outside the delivery zone offered on the Application;

(b) Failure to contact you by phone or other means at the time of confirming the order booking;

(c) Failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or

(d) The recipient whom you indicated in the Application is unreachable physically or uncontactable, after 5 minutes from the time that the Third Party Provider arrives at the designated delivery location.

2.2.12. Third Party Providers have the right to refuse delivery if the delivery item falls within the categories listed at Clause 2.2.1 above.

7. Point of Interest Contributions

7.1. This section applies to Users’ and Third Party Providers’ submission of Point of Interest (“POI”) locations to the map in the relevant Application. 

7.2. Submission requirements: When submitting a POI, you are required to provide POI content such as the name, address and category of the POI. You may also provide additional POI content such as images of the POI and relevant additional details (“POI Content”). 

7.3. Prohibited content: You shall ensure that all POI Content submitted:

7.3.1. Is accurate, not fake or spam;

7.3.2. Is not defamatory, obscene, discriminatory, provocative, derogatory, harmful, offensive or otherwise objectionable;

7.3.3. Does not contain irrelevant content such as political or personal opinions;

7.3.4. Does not offer or promote the sale of any regulated or prohibited items or services, including but not limited to tobacco, drugs, gambling, weapons, medical services and adult services;

7.3.5. Does not refer to, promote or depict sexually explicit content, abusive images and/or images of minors, violence, terrorism or any other harmful behavior or illegal conduct;

7.3.6. Does not contain personal/sensitive data or images of any person; 

7.3.7. Does not contain images of protected areas, publicly inaccessible locations or restricted areas, or areas where photography and filming are not permitted (e.g. immigration checkpoints, military compounds, interiors of private residences); and

7.3.8. Is not copied or stolen, and does not infringe upon third party intellectual property rights.

7.4. Acceptance, rejection or removal of POI: BBR may, at its sole discretion and at any time without notice to you:

7.4.1. Accept or reject any POI Content submitted; 

7.4.2. Amend or redact any accepted POI or POI Content; and

7.4.3. Remove any POI or POI Content.

7.5. Rewards: BBR may provide incentives or rewards for accepted POI Content submissions from time to time, as notified to you in the Application.

7.6. License: By submitting a POI: 

7.6.1. You are solely responsible for your conduct and any data, text, information, names, images, graphics, photos, imagery and other content that you submit, post or display on or via the Application. BBR does not claim ownership of any POI Content that you post on or through the Application; 

7.6.2. You have no obligation to provide any content to BBR. However, if you choose to upload or share content, you represent and warrant that you have the requisite permissions to submit the POI and the POI Content; 

7.6.3. You grant BBR an irrevocable, worldwide, non-exclusive and royalty-free license to host, reproduce, distribute, communicate, publish, use, sub-license, modify and create derivative works based on the POI and POI Content;  

7.6.4. POI or POI Content that contains publicly available factual information, such as the name of a business, is not covered under the scope of this license; and

7.6.5. This license lasts for as long as you’re POI Content is protected by intellectual property rights.

7.7. Amendment or removal requests: You may submit requests to amend or remove POIs or POI Content through the Application. BBR will assess on a case by case basis whether to accede to such requests at BBR’s sole discretion.

7.8. Satellite street view images: When submitting or viewing POIs in the Application, you may be able to view satellite street view images (“Satellite Images”). You acknowledge and agree that:

7.8.1. All right, title and interest in the Satellite Images, including all corrections, enhancements, modifications or intellectually property rights belong to BBR’s third party vendor(s) or such vendor’s suppliers;

7.8.2. You shall not distribute, sub-license, rent, sell, lease or loan the Satellite Images to any third party, or otherwise use or reproduce the Satellite Images for any purpose not expressly permitted by BBR, including any commercial purpose;

7.8.3. You shall not remove, bypass or circumvent any electronic or other protection on the Satellite Images;

7.8.4. You shall not download or save the Satellite Images onto any device;

7.8.5. You shall not alter, obscure or remove any copyright notice, copyright management information, trademark or proprietary legend contained in or on the Satellite Images;

7.8.6. All Satellite Images are provided “as is” without any warranty of any kind, including any warranty of fitness for purpose, non-infringement or non-misappropriation of intellectual property rights of any third party, accuracy, content or results; and

7.8.7. Neither BBR nor its vendor(s) shall be liable for any loss or damage of any nature howsoever arising out of or in relation to your access or use of the Satellite Images.

Contact Us

If you have any questions about these Terms, please send us an email at [email protected]