6.2.5. The limitations in liability set forth hereinabove under No VIII. 1. to 2. do not apply if our liability is mandatory under the product liability regulations , or if claims are raised on the grounds of an injury to life, the body, or health. For the event that the Orderer combines or mixes the delivered goods with a different principal object he herewith immediately assigns to us his claims against the third party up to the value of our goods. 9. Your continued access or use of the Careem Platform and/or the Merchant Application after such posting constitutes your consent to be bound by these Terms and Conditions, as amended. 4.2. For the purposes of this Clause, the following definitions shall apply: (a) “Personal Information” means any information relating to an identified or identifiable person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity, and (b) “Process” means to collect, hold, use, transfer, destroy and otherwise deal in any with Personal Information. 3.8. 1. Notwithstanding the foregoing, if a Customer has a question or issue in relation to any medical Good(s) or is seeking any medical advice then Careem shall direct Customer to speak directly with the Merchant by calling the Pharmacy Contact Number provided in the Enrollment Agreement; The Merchant acknowledges and agrees that the Careem Platform will provide the following payment mechanisms to Customers for the payment of the Order Value: (a) Cash on delivery; (b) Electronic Payment Mechanism; and (c) Redemption of vouchers and/or discount promotion (if any) approved by Careem. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. Careem will display Information and your Menu on the Careem Platform at its discretion; In the event that the Device ceases to function and the Merchant is unable to access the Merchant Application through any other means, the Merchant will immediately inform Careem and Careem will disable the Merchant on the Careem Platform until the Device is functional again. The Merchant will send to Careem, at least once a week, a stock update sheet for all Goods being sold on the Careem Platform. 8.1.1. The Enrollment Agreement shall constitute an integral part of this Agreement. Careem grants a limited, non-exclusive, non-transferable, royalty free license to the Merchant for the use of the Device solely until the termination of this Agreement; Time for delivery shall not be of the essence of the contract and the Supplier shall not be liable for any loss, costs, damages, charges or expenses cause directly or indirectly by any delay in the delivery of goods. 6.2.2. Indirect Damages The Merchant agree to indemnify and hold Careem, its Affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (a) the Merchant’s use of the Careem Platform and/or Merchant Application and the sale of Goods and delivery services obtained through the Merchant’s use of the Careem Platform and the Merchant Application and/or any delivery services provided by the Merchant (if applicable); (b) the Merchant’s breach or violation of this Agreement; or (c) the Merchant’s violation of the rights of any third party, including Captains. 6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller. We herewith accept the assignment. VIII 1 – 5 of the present General Terms and Conditions of Sale. Your access and use of the Careem Platform and the Merchant Application constitute your agreement to be bound by the Agreement, which establishes a contractual relationship between you and Careem. Price 7. 4.13. If the Order is returned to the Merchant within the same calendar day on which the Order was placed by the Customer, Merchant acknowledges and agrees that the Merchant will not be paid for such Order and that if the Merchant has already received the Net Sales Value and/or any other Payment from Careem in respect of such Order (subject to any appropriate reductions hereunder), Careem will have a right to deduct the Net Sales Value and/or the value of any other Payment made from or against any monies that are owed by Careem to the Merchant from time to time under this Agreement; Where the delivery is conducted by the Merchant, the Merchant will process, execute and deliver Orders (a) promptly and within 45 minutes from receipt of the relevant Order; and (b) in accordance with Good Industry Practice. 9.2. The Device shall be used by the Merchant solely for the purpose of (1) managing Orders; (2) reviewing the particulars underlying the Orders; (3) updating the Order status; (4) updating Information; (5) communicating with Careem; (6) reporting erroneous Orders; (7) reviewing Merchant’s performance and financial accounts relating to its business with Careem; and/or (8) any other use that may be prescribed in writing by Careem in this regard; In the case that the goods delivered by us lack a warranted property, we shall be liable only for such damage the prevention/absence of which was covered by the warranty. This “Arbitration” section and the “Arbitration Process and Rules” section applies to all Disputes between you and Careem and/or any of its Affiliates. 3.1 The Courier shall use its best endeavours to deliver the goods specified overleaf to the delivery address so specified at about or before the time so specified 3.2 The Courier shall not be liable for any delay in delivery caused by the unavailability at the delivery address of … 4.15. 3.3. In case any Customer informs Careem that the Customer has received any expired Good(s), Merchant acknowledges and agrees that the Merchant will not be paid for such Order, and that if the Merchant has already received any Payment (as defined below) from Careem in respect of such Order (subject to any appropriate reductions hereunder), Careem will have a right to deduct or offset such amount from or against any monies that are owed by Careem to the Merchant from time to time under this Agreement; The time of delivery will take place when the Buyer expressly or by conduct accepts delivery of the Goods; or the Buyer does anything in relation to the Goods that is incon… Furthermore, the Orderer assigns to us his receivables up to the value of our goods as a security for our receivables resulting from the processing, combining of our goods with real property against a third party. 11.1 Upon Expiry or Termination Shipment is at the risk of the Orderer on principle, i.e. Notification of such price changes is given no later than four weeks prior to the effectiveness of the new prices. The Merchant may give notice to Careem by written communication to Careem’s email address at legal@careem.com for any matter and will give 5 calendar days’ written notice with respect to terminating its use of the Careem Platform and the Merchant Application. d)Customer: the person or firm who purchases the Goods from the Supplier. The order alone shall constitute a binding offer. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. In the case of a complaint of non-conformity that is made improperly or in an untimely manner (No. Amendments will be effective upon Careem’s posting of an updated Terms and Conditions at this location. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). Costs claimed for downtimes or manipulation will be reimbursed only if legitimate and only to the amount of the freight costs of the deliveries concerned. “Goods” means any goods being sold by you to Customers as listed from time to time in a relevant Menu; “Services” means the receipt of Orders from, and if applicable, the delivery of related Goods to, Customers and related services; and The incorporation of the purchase price in an ongoing invoice and the acceptance of the balance will not affect the reservation of title. If, however, one of the aforementioned cases occurs, we may demand that the Orderer disclose to us the receivables assigned and their debtors, furnishes all information required for collection of the receivables, and surrenders to us all related documents. 6.2.4. 6.2.7. Delivery dates are estimates, unless a fixed date for the transactions has been expressly agreed in writing. 4.2. Subject to your compliance with this Agreement, and solely until termination of this Agreement, Careem grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (a) access and use the Careem Platform and the Merchant Application solely with respect to the Services; and (b) access and use any content, information and related materials that may be made available to the Merchant through the Careem Platform, in each case solely to provide Services to Customers. 6.2.10. Careem may assign and/or transfer its rights and obligations under this Agreement in whole or in part, including to: (a) a subsidiary or affiliate; (b) an acquirer of Careem’s equity, business or assets; or (c) a successor by merger. 4.10. Where this liability for damages is excluded or restricted under No. 4.3. In the event that this Agreement expires or is terminated for any reason, Merchant will no longer be entitled to access and/or use the Careem Platform and the Merchant Application and Merchant shall return all Confidential Information it has received from Careem hereunder. 4.25. We reserve the right to reasonably adjust our prices in the event of changes of costs occurring after the conclusion of contract due to collective wage agreement, increases in pre-suppliers’ prices, or exchange rate fluctuations. The receivables amount is the final total invoice amount ( incl, delivered within working! 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