Privacy Policy for the Dal Application When you use Dal, you trust us with your personal data. We are committed to maintaining this trust. It starts with helping you understand our privacy practices. This Privacy Policy explains Dal's rules regarding the collection, use, and disclosure of personal data when using our service, and the choices regarding that data for users of both the website and the application available for free on the Apple App Store and Google Play. Effective Date: February 19, 2023 A. Scope This notice applies to users of Dal services anywhere in the Kingdom of Saudi Arabia, including users of Dal's applications, websites, features, or other services. We use your data to provide and improve the service. By using the service, you agree to allow Dal to collect and use information according to this policy, unless otherwise stated in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions. B. Data Sets and Uses Data provided by users This includes: User profile: We collect data when users create or update their Dal accounts. This may include name, email, phone number/mobile number, login name and password, address, payment or banking information (including relevant payment verification information), and date of birth. For more information, please refer to the section entitled "How We Use Personal Data." Demographic data: We may collect demographic data about users, including through user surveys. User-generated content: We collect information that users submit when contacting Dal customer support, providing ratings, greetings, or complaints. This may include notes, photographs, or other recordings collected by users. Data created during the use of our services This includes, Location data: We collect precise or approximate location data from the user's mobile device if enabled by the user to do so. For drivers and delivery partners, Dal collects this data when the app is running in the foreground (the app is open and on-screen) or background (the app is open but not on-screen) of their mobile device. C. Legal Procedures and Requirements We may use the personal data we collect to investigate or process claims or disputes related to the use of Dal services, or as permitted by applicable law, or upon request from regulators, government entities, and official inquiries. Cookies and Data Usage We currently do not use cookies, but if we do, it will be for the purpose of improving the user experience on the website. Typically, browsers place cookies on the user's device to save some usage information, but users can refuse to store cookies or be alerted when sending information through them. If activated, some pages or features of the website may be affected. Data Sharing and Disclosure Dal may share user personal data contrary to what is stated in this notice if we notify the user and they agree to the sharing only. How We Store Information We use globally accepted secure methods to collect, store, and analyze data, with the aim of preventing unauthorized access to, alteration, destruction, or disclosure of stored data. This data includes name and mobile number, as well as data exchange with the server. Changes to the Privacy Policy Dal application has the right to modify the Privacy Policy at any time if necessary, and the date will be updated to the last modification below this page. We encourage our users to regularly check this page to stay informed of the latest changes and how we protect their personal data. By reading this section, reviewing the modifications and updates here is part of your responsibility. Agreement to the Stated Terms By using the Dal website and application, you agree to the terms stated here. If you do not agree with them, you can stop using the website and the application. Furthermore, your continued use in the event of a modification to the privacy policy constitutes implicit consent to its contents. Contact Us If you have any questions or suggestions regarding our privacy policy, please contact us at info@aday.sa or at the following address: Riyadh, Al Rayyan District, Sheikh Omar Bin Salim Street, Building No. 8559, Branch No. 3327, Office No. 5. (This page was updated on February 19, 2023). Terms of Service Dal Welcome to Dal. This page (together with the documents referred to in it) informs you of the terms of service ("Terms") which explain to you when requesting any products or items listed items ("Items") from the Dal application/platform on devices or mobile phones and related services (all referred to as the "Application"). Please read these Terms carefully before requesting any items from the application. If you have any questions regarding these Terms, please contact us at info@aday.sa or at the following address: Riyadh, Al Rayyan District, Sheikh Omar Bin Salim Street, Building No. 8559, Branch No. 3327, Office No. 5. (This page was updated on February 19, 2023). If you are a consumer, you have some legal rights when ordering items using our application. Your legal rights are not affected by these Terms, which apply in addition to and do not replace them. When setting up your account with Dal, you confirm your agreement to these Terms. These Terms constitute a legally binding agreement ("Agreement") between you and Dal. This Agreement governs your use of Dal applications, website, call center, and technical platform (collectively referred to as the "Dal Platform"). Information about Dal Dal provides and operates delivery services for customer orders of food and beverage items from local stores in the Kingdom of Saudi Arabia (referred to as the "Company" or possessive pronouns "we," "our," or "Dal"), which was established in Riyadh, Kingdom of Saudi Arabia. Purpose The idea of Dal services revolves around connecting restaurants, stores, and producing families ("Partner Stores") through Dal's application via the internet and displaying all items and products of partner stores for customers to view and allowing Dal customers to order specific items from them and then perform the delivery, and payment tasks, called the "Service." Where you can order from one of the partner stores, Dal acts as an agent on behalf of this partner store to complete your order from the system and application, and to manage your experience throughout the ordering process. Once the order is placed, your items will be delivered directly to you based on your location map approved by Dal depending on the partner store you selected. Your Account Before you can place orders for selected items through our application, you need to open an account through the Dal app. When opening your account, you can create a password or secure login method. You may also need to provide personal information in addition to your credit card details. You must keep any password you create or other secure login method confidential and prevent others from accessing your email or mobile phone account. If someone else uses these methods to access your account, you will be responsible for paying for any items ordered, and we are not liable for any other losses you may suffer unless the person using your password obtained it because we did not keep it secure. You can close your account at any time by requesting to do so in the account section of our app or by contacting us using the contact details above. We may suspend your access to your account or permanently close it if we believe your account has been used by someone else. We may also permanently close your account if we believe you are misusing our services (for example, by requesting refunds or credits to which you are not entitled, lodging unreasonable repeated complaints, mistreating our employees, or any other justifiable reason), and we will refund any remaining balance to your account that you rightfully obtained (excluding offers and credits granted by Dal to incentivize customers as free credits or from partners) through your registered credit card or bank transfer using the banking details provided by you Available balances in your app wallet for future use are considered valid, taking into account the duration of the remaining balance in certain cases such as offers, free credits, or gifts. The company's policy is the future reference for your app wallet balance, which is divided into three fundamental considerations regarding the source of the remaining balance, as follows: 1. The availability of the balance is conditionally adopted if the amount available in your app wallet is successfully deposited through any financial bank or electronic transfers by you directly until it is used in the future through the company's services at any time. 2. All balances transferred to the wallet by the company for service quality enhancements or customer compensations remain valid for use and are valid for "120" days only from the date of deposit by the company. After that, Dal has the right to delete the entire balance without any future compensation obligations. Your use of the added balance to the wallet as compensation for an error by one of the stores will be limited to the incorrect restaurant's products. 3. All balances available in the customer's wallet, sourced from the company due to special sales offers or promotional marketing services "marketing balances" or the like within the framework of the customer's use of services available on the app, are available for a specified period not exceeding (90) ninety days from the deposit date. Then, all available balances for use will be deleted without directly notifying the customer "company marketing balances only" and without any liability after the expiry of the period of use for the marketing balance. Service Availability Each partner store includes coverage of a specific delivery area, as described on the Dal platform. This delivery area may change at any time due to factors such as weather or high demand for our services. This is done to ensure that the items reach your doorstep to the best of our ability. All our partner stores decide on their working hours. This means that the availability of our services and the range of partner stores you can order from depend on the partner stores in your area. If you attempt to order delivery to a location outside the delivery area or working hours of a partner restaurant, or if the app is unavailable for any reason, we will inform you that the order will not be possible. All user subscription procedures for service offers are conducted through a form provided within the application, which constitutes an agreement between both parties to the terms of service provided as of the activation date for a specified period from the date of subscription activation. Users can automatically renew their service subscription or cancel the renewal based on the appropriate date of accepting service activation. Orders When placing any order through our application, it needs to be accepted by us and the partner restaurant before being confirmed. You will receive a text notification if your order is accepted ("Confirmation Notification"). All items are subject to availability. This contract for the supply of any item you have ordered becomes effective when we send the confirmation notification. You are responsible for paying the price of all items ordered using your account, as well as relevant delivery fees, and for complying with these terms, even if you ordered the item for someone else. Partner stores may use nuts or other allergens in preparing some food items. Please contact the partner store before ordering if you have allergies. Dal cannot guarantee that any items sold by our partner stores are free from allergens. Delivery When you place an order, we will attempt to deliver it as soon as possible; therefore, you must be available to accept delivery from the time you place the order in the app. Despite our best efforts and those of our partner store, unfortunately, things don't always go according to plan, and they may be affected by factors such as traffic and/or weather conditions that may prevent us from delivering the order on time. If your order is delayed for more than 120 minutes, and we have not notified you by offering you the option to cancel your order, we will work with you to make things right unless you are the cause of the delay (for example, because you provided us with the wrong address or did not come to the door to receive the order). We will attempt delivery to the address you provide us when placing your order. You are responsible for ensuring that you provide an accurate location to ensure the order reaches you. If you need to change the delivery location after you have placed your order, it is possible to change the delivery location to an alternative address provided you notify us before the driver is dispatched, and the new address falls within the previous order's location framework. If we are unable to change the delivery address, you have the option to cancel the order, but if the preparation of the order has begun, the full price of the items will be charged, and if the order is received for delivery, delivery fees will also be imposed. You may still be liable for the value of the items and delivery in the event of a failed delivery if you caused such failure for any reason. Reasons that may lead to a failed delivery include but are not limited to: • You did not come to the door. • You did not answer the phone call when the driver contacted you, using the contact information you provided us; and/or • You answered the phone call but then failed to provide access to the driver within a reasonable period of time (20 minutes), and/or the driver was unable to find a safe place to leave the order. Your Rights, If Something Is Wrong with Our Items You have a legal right to receive goods that comply with their description on the order, are of satisfactory quality, and comply with any specific requirements you inform us of (and we agree to) before placing your order. If you believe that the items delivered do not comply with these legal rights, please notify us immediately to investigate. We may request photos showing the issue if there is something visible upon inspecting the items. We will provide a refund or deposit the account balance within your wallet in the DAL app, regarding the affected part of the item as well as regarding the delivery, if the entire order is affected, unless we have a reasonable reason to believe that the problem occurred after delivery. Before processing the refund amount or account balance, we may consider relevant factors including order details, as well as your account history, what happened at delivery, and information from the partner store. Cancellation If you cancel any order after it becomes active, the full price of the items will be charged, and if driver assignment has been activated, delivery fees will also be imposed. For any order requested on a cash-on-delivery ("COD") basis or deducted from your bank account upon delivery, or from your available wallet balance through the app, such orders may not be canceled once they become "active," and they will be invoiced and delivered to you. However, you may be notified by DAL and/or the partner store through the app that the order has been canceled at any time. In this case, you will not be charged for any orders canceled by us or by the partner store, and we will reimburse you for any payments already made using the same method you used for payment for your order. Prices, Payment, and Offers: DAL uses a dynamic pricing system at all times for issued invoices, and the total price of your order will be determined at the checkout page in the app, including item prices, delivery charges, applicable service fees, and taxes, which include the following details: • Number and type of products • Unit price, according to the partner store's price list displayed on the DAL app • Delivery fees to the customer's location by DAL drivers • Value-added tax amounting to 15% of the total value provided by DAL (inclusive of products and services) • Date and time of order placement • Invoice number and VAT license number for the partner store if available • Total invoice value required to be settled by the customer This means that item and delivery prices may change during browsing. Prices can be changed at any time based on the partner stores' discretion and the value of delivery, depending on the distance from the store to the customer's location as well. We reserve the right to impose delivery service fees, which may be subject to change, to facilitate the provision of our services. You will be notified of any service fees and applicable taxes before purchase on the checkout page in the DAL app. All prices provided on the invoice issued through the DAL app are matched to the invoice from the partner store, in addition to any value-added tax if applicable. Any changes in prices will not affect confirmed orders unless there is a clear pricing error. Changes in prices will not affect orders in progress that appear in your basket, provided that the order is completed during the basket creation process. If you do not complete item selection during order creation, the items will be automatically removed from your basket. If there is a clear pricing error, we will notify you as soon as possible, and you will have the option to confirm the order at the original price or cancel it at no cost, with a full refund of any funds already paid into the customer's wallet on the DAL app for your benefit. Payments for all item prices and delivery can be made through our app, either by cash on delivery, credit cards, or deduction from the customer's wallet balance at DAL, or other payment methods provided by DAL. Once your order is confirmed, your credit or debit card will be authorized for payment, and the total specified amount for payment will be charged (for all payments made by credit or debit cards). Payment is made directly to DAL, acting as an agent on behalf of the partner store and the driver only. Payment can also be made using the account balance. The use of this method is subject to DAL account credit terms. When cash payment on delivery is possible, it will be clarified on our app before placing your order. Cash payments will only be accepted upon delivery of the order based on the availability of cash payment option on delivery. When payment by bank card (bank credit/debit cards) online is possible, it will be clarified on our app before placing your order. Bank card payments will only be accepted upon delivery of the order based on the availability of the "bank card payment on delivery" option. We are not authorized to accept checks, delivery credits, vouchers, card payments, or any other form of payment (including credit or debit cards) once the order is placed by paying cash on delivery through our service. Drivers are equipped with a small amount of cash sufficient for cash payments upon delivery, for all cash payments upon delivery, so you are requested to prepare the exact amount required or as close as possible to the order value (as you may not receive change). We are authorized by our partner stores to accept payment on their behalf and to pay for any items or delivery charges, and you are obligated to pay the price to the partner store. Partner stores sometimes offer special deals through our app. These cases are visible when viewing the partner store list only through the DAL app. These offers are subject to the discretion of the partner stores. Unless specified by the offer terms for a specific period or less, which will be available, it may be withdrawn at any time, unless you have already placed an order based on the offer and we have sent you a confirmation notice. Our responsibility for any loss or damage you suffer is limited. We are responsible to you for any loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill in providing our services. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is "foreseeable" if it is obvious that it will happen, or if you tell us it may happen, for example, if you tell us about certain circumstances that may increase the loss or damage resulting from our breaking these terms before you place the order. We do not exclude or limit our responsibility to you where it would be illegal to do so. This includes any responsibility for personal injury caused by our failure, or the failure of our employees, agents, or subcontractors, or our partner stores, to use reasonable care and skill; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the items, as summarized in section 7 above. Subject to the previous paragraph, we are not responsible for any loss or damage you suffer as a result of your breach of these terms, or as a result of any failure in computer technology or other software other than the failure of our applications. Protection of Data We handle your personal data in accordance with our privacy policy, which can be found within the Dall application. Other Terms: 1. If we or you have any right to enforce these terms against the other, that right will not be lost even if the person who has the right to delay or waive its enforcement in any situation. 2. If a court or other authority decides that any part of these terms is unlawful or unenforceable, the remaining terms will not be affected and will remain in effect. 3. We may change these terms from time to time, and if we make any changes that affect your rights in our service, we will notify you. Changes to the terms will not affect any orders you have placed where we have sent you a confirmation notice. 4. These terms are subject to the laws of the Kingdom of Saudi Arabia, and you may bring legal proceedings related to our service in the appropriate courts. The Arabic language is the official language for this document. We have no control and are not responsible for products or services paid for through Dall. Any violations of the country's laws and regulations are entirely the responsibility of the user while using the application.