These terms apply to your access to and use of Delivery, maintenance & construction services on www.yam.ae and our mobile app. This service is provided by YAM or YAM Marketing.
By clicking “Accept” or by accepting an order on the Platform you confirm that:
- You have authority to do so and to bind the person or company you are accepting for.
- You accept our offer to provide the Delivery Service on these terms.
- You agree to and will comply in full with these terms.
- Your satisfactory completion of certain checks (including ID and safety compliance rating checks) required by YAM from time to time is a condition of this contract coming into effect.
This forms a contract between you and YAM, which commences on the later of the date of your acceptance and the date on which you have completed YAM onboarding checks from time to time to YAM satisfaction. You should save a copy of these terms for your records. We may make changes to these terms, so check back here from time to time. We’ll notify you of material changes before they happen. If you access or use the Delivery Service after being notified of a change, you’re deemed to have accepted that change.
You can procure other services (e.g. Marketplace, Maintenance, building works or Pickup) from Yam by agreeing and entering into a separate contract with us. Each additional contract entered into by you and Yam shall form a separate agreement.
If you have questions about these terms or our Delivery Service please contact us through Vendor dashboard, either by submitting a “Help” form or by using Live Chat. You may also find answers to your questions.
If we need to contact you, we’ll do so via the email address you have provided to us.
What is Delivery Service
Through its Delivery Service, Yam will provide you with a real-time ordering process that enables customers to place orders with you for delivery on the Platform in the UAE or KSA (Delivery Orders) from the site/s which we have agreed to provide Delivery Services to (the Sites). We may agree to amend the Sites from time to time. Yam will also provide Delivery Services and Customer Support Services for your Delivery Orders – see more on this below.
By signing up to Delivery Service, you authorise Yam to act as your agent to solicit, promote and conclude contracts for Delivery Service orders in your name and on your behalf, and to collect customer payments owed to you in respect of those orders.
Customer payments made in respect of orders placed with you through the Delivery Service will be held by Yam on your behalf; payment to Yam settles the customer’s payment obligation to you for these orders.
Delivery Service Fees
Your use of Delivery Service is subject to our applicable service fee from time to time. Our service fee is calculated as a percentage of GMV (inclusive of VAT) per order, plus VAT at the prevailing rate (Delivery Service Fee).
We will pay you an amount equal to the GMV for your Delivery Orders during the relevant payment period, less the Delivery Service Fee, less any relevant adjustments for refunds paid to customers during the relevant payment period.
You will receive payments from us in accordance with our payment terms applicable in the country you operate in from time to time. We’ll make this payment by electronic bank transfer to the bank account you have nominated. You must cooperate with us so that we can comply with our VAT accounting obligations.
What we will do
- If you are new to Yam, when you accept these terms we will onboard you onto our Platform (including, if applicable, providing the equipment to you – see below). You agree that we may subcontract part of the onboarding process.
- We will, subject to our rights to suspend your use of Delivery Service under these terms, display your site/s and sale items on the Platform as available for Delivery Orders.
- We will facilitate and implement a real-time ordering process which will enable customers to place and pay for Delivery Orders on the Platform.
- Provide support services for customers to deal with complaints or enquiries relating to Delivery Orders (Customer Support Service) through a professionally manned contact centre at no further cost to you.
- Procure the delivery of Delivery Orders from you to the customer (Delivery Services) using delivery riders authorised by Yam to carry out the Delivery Services (Riders).
What you must do
Onboarding and set-up
- Comply with our HSE and quality standards.
- Provide all information, materials and assistance reasonably required by Yam to onboard you to the Platform or launch Delivery Service for you. You must ensure that the information you provide to Yam and customers in or in respect of your use of Delivery Service is complete and accurate in all material respects.
- If you are new to the Platform, provide us with accurate descriptions of your sales/stock items to be offered in Delivery Service (including any relevant special guidance advice and applicable VAT amounts).
You agree that
(a) We may make limited and reasonable edits to stock items item descriptions from time to time (including where legally required); and
(b) To ensure a great customer experience the prices for the stock items items you provide for display on the Platform should be the same as the prices for stock items items published in your in-store stock items.
- Display any Delivery Service signage provided by Yam in accordance with our instructions.
Use of Delivery Service
- Keep your stock items up to date – by giving us at least three days’ notice of changes you require us to make for you or by making your own changes through Stock items Manager.
- Ensure that all relevant stock items are available to be ordered by a customer in a Delivery Order during your opening hours, and accept and reject Delivery Service orders as appropriate. Each Delivery Order must meet the applicable minimum Delivery Order value from time to time – if it doesn’t, Yam may charge customers an additional fee.
- Ensure that Delivery Orders are prepared using all due skill, care and diligence in line with best practice in your industry.
- Ensure that all Delivery Orders are packaged in a way that avoids tampering, minimises spillages, and maintains the order at an appropriate temperature.
- Prepare Delivery Orders promptly, accurately and in accordance with the timescales communicated via the Platform. In particular, you must ensure that stock items items:
(a) correspond with the descriptions on the Platform
(b) are not harmful to health or the environment;
(c) have been properly packed and fit for transportation and consumption and palatable;
(d) are safely, securely and appropriately packaged at all times (including as reasonably required to withstand delivery); and
(e) and are safe to hand over to the customer.
- Ensure that Delivery Orders are available for collection by our Riders in a timely manner.
- Ensure that the order number on the Delivery Order packaging corresponds with the order number provided by Yam before the Delivery Order is handed over to the relevant Rider.
- Provide each customer with an official receipt for their Delivery Order (and a VAT receipt, if applicable) if requested.
- Use reasonable endeavours to reject less than 1% of Delivery Orders received through the Platform.
- Use reasonable endeavours to ensure that Delivery Orders are available for collection by our Riders at the time communicated on the Platform and to keep Riders waiting for Delivery Orders for no longer than five minutes.
- Use reasonable endeavours to ensure that no more than 1% of Delivery Orders contain errors.
- You should be available for orders for 98% of your opening hours on the Platform.
- Maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.
- Comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all Yam policies made available to you from time to time.
- Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify Yam if you become aware of any breach of this clause.
- Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of Delivery Service and your fulfilment of Delivery Orders. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery is takes place in your supply chains.
- Cooperate with Yam and provide, in a timely manner, such assistance and information as Yam may reasonably require.
Equipment & Joining Fees
You will need a tablet and a printer to start accepting Delivery Orders. If you’re an existing customer, you can use your existing equipment.
For new customers, when signing up you will be given two options for equipment (you can find the latest pricing for each on our sign-up pages). Each option is subject to a one-off joining fee.
- You can use your own device (which you are responsible for obtaining and maintaining).
- You can lease a Yam device. The risk in the device passes from us to you upon installation. We retain title to the device at all times. You must let us know of any faults with, or damage to, the device and give us access to your site during normal business hours to inspect, clean, repair, replace or remove the device. We may charge a reasonable fee for repairing or replacing a device. You must comply with our Equipment Policy.
We will make software available to you to use on the equipment so that you can use Delivery Service. This software constitutes Yam IP (see below) and it remains our property at all times. You must promptly implement any patches, updates, upgrades and/or new versions of such software that we release from time to time.
All rights, title and interest in and to dashboard, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain Yam’s intellectual property (Yam IP). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the Yam IP in the country you operate in during the Term for the sole purpose of using Delivery Service.
You must not (and shall not permit any third party to):
- copy, adapt, reverse engineer, decompile, modify or make error corrections to any Yam IP other than with our express prior written consent;
- breach, disable, tamper with, or develop or use any workaround for any security measure in any Yam IP or otherwise do anything that disrupts any Yam IP, Yam or any person.
Yam grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Yam branding, which includes the “Yam” logo, name and/or website address for the Term in the country you operate in to allow you to advertise Delivery Service at your sites. You must comply with any Yam policy issued from time to time.
You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) for the Term in the country you operate in. You warrant and undertake that your branding does not and will not infringe any third-party intellectual property rights. We can use your branding on the Platform, for marketing purposes and as reasonably necessary to provide Delivery Service.
Except for these limited licences:
- Yam retains ownership of and all rights in and to Yam branding; and
- You retain ownership of and all rights in and to your branding.
We may collect data about your use of Delivery Service. By using Delivery Service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.
Suspension and termination
We may suspend your use of the Platform on giving you notice if we know or suspect you have breached these terms, or if we otherwise consider suspension reasonably necessary taking account of all relevant circumstances.
We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension necessary in the circumstances.
These terms take effect on acceptance (see above) and continue until terminated by either party giving 30 days’ written notice to the other. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect.
SAVE AS SET OUT BELOW, WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO DELIVERY SERVICE, ORDERS PLACED BY CUSTOMERS USING DELIVERY SERVICE OR THESE TERMS.
Yam will be responsible for customer claims that a Delivery Order has been spilled or damaged or broken in the course of the Delivery Services – it is the Companion’s duty to ensure appropriate packaging and transportation.
Customers may be eligible for compensation in respect of a Delivery Order. Yam will determine this in accordance with its Complaints Matrix from time to time. Refunds for which you are responsible under our Complaints Matrix will be deducted from our payment to you.
DELIVERY SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO DELIVERY SERVICE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.
Each party shall not at any time during this agreement and for a period of two years after termination of this agreement, use or disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as necessary to perform its obligations or exercise its rights under these terms. A party may disclose the other’s confidential information if required by law, provided it notifies the other in advance where permitted.
These terms are the entire agreement between us in relation to Delivery Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.
A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. These terms do not give rise to any rights under the Contracts. Neither of us will be in breach of these terms or liable for delay in performing, or failure to perform, any of its obligations under these terms if the delay or failure results from events, circumstances or causes beyond our reasonable control.
These terms are governed by the laws of UAE/KSA/ EU/ UK.