Terms of service

SHARBATLY CLUB TERMS OF SERVICE

OVERVIEW

This website (https://www.sharbatly.club/) is operated by Mohammed Abdallah Sharbatly Co. Ltd.

References to "we", "us" and "our" throughout the site signify Sharbatly.club.

We offer this website, including all tools, services, and information, to you, the user, on the condition of your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing from us, you are engaging in our “Service” and agree to abide and be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all site users, including but not limited to browsers, vendors, customers, merchants, and/or content contributors.

 

CUSTOMER AGREEMENT

PREMABLE

Welcome to Sharbatly.club.

BEFORE USING OUR WEBSITE OR MOBILE APPLICATIONS, PLEASE READ THE FOLLOWING TERMS OF SERVICE AND DISCLAIMER CAREFULLY.

This Customer Agreement ("Agreement") is an agreement between you and Sharbatly.club  and establishes the terms and conditions under which you may use our website ("Site"), our mobile applications ("App") (the Site and Apps collectively referred to as "Platform") and receive the Sharbatly.club service. This includes the processing and delivery (or arrangement for delivery) of product orders (the "Sharbatly.club Service"). By using the Sharbatly.club Service and the Platform, you agree to the terms and conditions below. If you do not agree with all the terms and conditions, please refrain from using the Platform or the Sharbatly.club Service.

Sharbatly.club Satisfaction Guarantee:

All our products and services are supported by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us at club@sharbatlyfruit.com or log into your account and message us from the "Contact Us" section of the Platform. For grocery or perishable products, contact us within 24 hours after delivery. Sharbatly.club may require the return of the product you are dissatisfied with before we issue a refund. Please refer to the "Refund and Cancellation Policy" section for further detailed information.

1. Managing Your Orders

1.1 Ordering through the Platform.

Orders through the Platform must be received before posted cutoff times for a given delivery (see Delivery of Products under Article 4 below for details). Available delivery date, time windows, and associated delivery fees and promotions will be shown during the ordering process. Delivery timeslots are based on a first-come, first-served basis. View the Delivery Info section of the Platform for delivery and cutoff times. Note that modified orders are subject to price changes, and changing the delivery date does not guarantee the availability of your desired items. You can cancel orders by contacting our Customer Service Department at club@sharbatlyfruit.com. The cutoff for order cancellation is 12 pm on the same day of delivery. Please refer to the "Refund and Cancellation Policy" section for further detailed information.

1.2 Price, Availability, and Substitutions.

We assure the highest quality by receiving fresh products daily. However, due to the perishable nature of our products, certain items may occasionally be unavailable due to market conditions, sourcing challenges, or if available stock does not meet our quality standards. In such cases, we reserve the right to substitute items with similar products of equal or greater value and comparable quality. We strive, when feasible, to notify you of significant substitutions, including changes in product origin. If you are dissatisfied with a substitution, please contact us at club@sharbatlyfruit.com within 24 hours of delivery. Sharbatly.club may offer a partial compensation of up to 50% of the product value, but we do not offer returns, exchanges, or full refunds for substituted items. Due to same-day order preparation, prior notification may not always be possible.

We strive to ensure the accuracy of all pricing information on our website. However, errors may sometimes occur. If we discover a pricing error for any item in your order, we reserve the right to correct the error and will inform you as soon as possible. If the corrected price is higher than the price displayed at the time of your order, you will have the option to either reconfirm your order at the correct price or cancel the item from your order. If we are unable to contact you, the item will be removed from your order, and you will not be charged for it.

Adding a product to your cart does not guarantee its price or promotional offer. Prices and discounts may change or expire before checkout without notice. Only the final checkout page reflects the confirmed price.

Sharbatly.club reserves the right to cancel any order or remove individual products from an order at any time, for any reason, including stock issues, pricing errors, or operational considerations. Affected items will be refunded promptly.

1.3 Delivery Fee.

A 23 (twenty-three) SAR delivery fee may apply to your order. This fee is not a gratuity for the delivery personnel involved in your order delivery and will not be given to them as such.

1.4 Tips.

If you wish to give a tip, please provide a cash tip at the time of your order delivery.

1.5 Minimum and Maximum Purchase Limits.

Your order may be subject to a minimum purchase order total, excluding taxes, delivery fees, and surcharges.

To ensure fair access to our products and maintain availability for all customers, Sharbatly.club may impose quantity limits on certain products. Unless otherwise specified, a maximum of 20 units per item per order applies. We reserve the right to reduce quantities or cancel orders exceeding these limits at our sole discretion.

1.6 Cancellations.

Canceling orders after the cutoff time may result in a restocking fee equal to 100% of the total amount of your perishable items, as many of our perishable items are prepared individually. For further detailed information, please refer to the "Refund and Cancellation Policy" section.

 

2. Products

2.1 Variable Weight Orders.

Many perishable items are sold by piece, hence the per-piece price shown in your shopping cart is based on average weight. Given the nature of the product, we can't guarantee a fixed weight. All fresh produce is sold with a ±10% weight tolerance rate.

2.2 Products’ Appearance (Colours, Shapes, and Dimensions).

Although Sharbatly Club makes every possible effort to ensure the highest quality of its products and the maximum satisfaction of its Customers, all the Customers purchasing through the Sharbatly Club platform are made aware and accept that since all products are natural, their real colours, shapes, and sizes may be from time to time slightly different from those displayed on the website. Some items may appear larger or smaller than their actual size due to screen adaptation or photographic techniques; others may be depicted larger than the real size to highlight details, or smaller to show the full item. As such, SharbatlyClub disclaims any liability for any discrepancies, errors, or inaccuracies in the photographs or graphic representations of the products displayed on the website. We have made every effort to display the appearance of our products as accurately as possible. This includes, but is not limited to, colours, dimensions, specifications, descriptions and packaging. We may occasionally alter the product specifications of items displayed on our website without prior notice. The packaging of our products may also vary from time to time, but this will not affect the contents.

2.3 Product Safety (Tips and Disclaimer).

All fresh produce our company provides is intended for further washing and preparation by the customer before consumption. Our fresh produce items are not pre-washed or pre-prepared and thus are not intended to be "ready-to-eat" out of the box.

Since these are natural products often packaged at the origin, the possible presence of biological organisms/ microorganisms cannot be excluded. Therefore, washing the products thoroughly and preferably soaking them in a natural sanitizing solution made of lemon, vinegar, or bicarbonate soda mixed with water before consumption is strongly recommended.

Customers are responsible for properly handling, washing, and preparing all purchased produce items according to the above-suggested safe food handling practices. This includes but is not limited to washing all fresh produce under running water prior to eating, cutting, or cooking, and storing produce at appropriate temperatures to maintain freshness and safety.

Sharbatly.club disclaims any liability for any illness, discomfort, allergic reactions, or any other adverse effects that may occur due to lack or improper washing, preparation, or handling of the products by the customer and/or its dependents. Customers with food allergies, sensitivities, or dietary restrictions should carefully read all product descriptions and use the products at their own risk.

By purchasing from Sharbatly.club website, the customer acknowledges and agrees to these terms regarding the handling and using our fresh produce.

2.4 Defective products.

We make every effort to ensure the highest quality of our products, however, should you discover that the products in your order are damaged, faulty, inedible, or non-consumable, please refer to the "Refund and Cancellation Policy" section, where you will find all the necessary information to resolve the issue.

 

3. Payments

3.1 Payment Options.

You have the option to make a payment using a credit or debit card ("Card"). We accept cards from VISA, MASTERCARD and MADA circuit, as well as Apple Pay. Cash-on-delivery payments are also accepted directly in cash or via a POS machine. Please be aware that our drivers may not carry change, so we advise preparing the exact amount in case of cash payments. For your security, we assure you that we do not store any payment information. Instead, we utilize a trusted external partner as our payment gateway to handle all transactions.

3.2 Card Authorization and Estimated Costs.

Your Card will be charged at the time you place the order. If you fail to pay any fees or charges when due, we may charge such amount directly to your Customer Account and may suspend or terminate your access to the Sharbatly.club Service.

3.3 Order Formation and Payment Authorization.

An order is considered accepted and a binding only when Sharbatly.club displays an “Order Confirmation” page and/or issues an order confirmation communication (including email or in-app notification) to you. Payment authorization by a third-party payment processor alone does not constitute order acceptance if such acceptance is not completed by Sharbatly.club’s systems and an order confirmation is not generated. Sharbatly.club shall have no liability for any payment or attempted payment that does not result in a valid, accepted order due to system errors, payment gateway interruptions, user actions including closing the payment page, or other technical reasons.

You agree that payment processing is facilitated by independent third-party payment service providers. Sharbatly.club is not responsible for delays, failures, errors, or interruptions in payment processing or confirmation caused by these third parties.

 

4. Delivery

4.1 Delivery of Products.

We use boxes and refrigerated trucks to maintain the quality and integrity of your products. To maintain the integrity of products after delivery, we recommend that you immediately refrigerate or freeze perishable items.

4.2 Delivery Requirements.

You or an authorized representative must be present to receive your order during your selected delivery window. If neither you, your doorman, nor your authorized representative are present, we will use reasonable efforts to contact you and reschedule delivery. A 23 SAR redelivery fee may apply.

4.3 Unattended Delivery.

In certain circumstances, Sharbatly.club may allow unattended delivery. If you've agreed to this option with customer service, you bear sole responsibility for products left at your delivery location.

4.4 Limits and Adjustments to Delivery.

Due to the heavy weight of some boxes and our concern for the health and safety of our personnel, the highest floor we can deliver to in non-elevator buildings is the 5th floor. We reserve the right to limit a delivery when an order exceeds these limitations.

4.5 Invoices.

You will receive a paper invoice with your delivery. All of your order invoices are available in the "MY ORDERS" section of our Platform. If something is missing from your order, please email our Customer Service department at club@sharbatlyfruit.com.

4.6 Inclement Weather and Unforeseen Delivery Complications.

In case of inclement weather or unforeseen delivery complications, we may need to adjust our delivery schedule, potentially suspending chosen delivery dates and times. If there's a significant delay in delivering your order, a customer service representative may contact you to update you on the status of your delivery. We will strive to deliver your order as soon as conditions allow and will never deliver an order past 12:00 AM without your consent. If we're unable to make a delivery due to inaccessible designated delivery locations or days, we'll contact you to determine the best alternate location and/or date for the delivery.

4.7 Tip.

Sharbatly.club delivery personnel are allowed to accept tips. Customers are not obligated to tip delivery personnel but can give cash tips for exceptional service provided by the delivery personnel.

 

5. Access to the online platform

5.1 E-mails and Passwords.

Access to the Platform is accomplished by creating an account by using an email and a password you choose upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your user name password and all use or charges incurred from use of the Sharbatly.club Service with your password. You agree to notify Sharbatly.club promptly of any unauthorized use of your password and you will remain liable for any use of the Platform or Sharbatly.club Service until you notify Sharbatly.club.

5.2 Your Account.

You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account to access the Sharbatly.club  Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and authorized representative for your order. You can update your information in the "Your Account" area on our Platform or contact our Customer Service department. Please do not send Card or other payment information via email. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Sharbatly.club , and accept responsibility for all activities that occur under your account or password. You will comply with all laws applicable to your activities on the Platform and with this Agreement.

5.3 Corrections.

If you would like to update or correct information previously provided to us, please send an e-mail with your new information to club@sharbatlyfruit.com, or you can update your account information yourself by going to "Your Account" on the Platform. Please avoid sending credit card or other payment information via e-mail (we assume no responsibility for any unintended consequences of the dissemination of such confidential/sensitive information and data).

5.4 Privacy Policy.

Please review our Privacy Policy, which also governs your visit to the Platform and use of the Sharbatly.club Service, to understand our practices.

 

6. Liability and Warranty Disclaimer; Limitation of Liability; Indemnification

6.1 Warranty Disclaimer.

You expressly agree that the use of the Sharbatly.club service, the platform (Shopify), and the internet is entirely at your own risk. The Sharbatly.club service, the platform, and its contents are provided on an "as is," "as available" basis. To the extent permitted by applicable law, Sharbatly.club disclaims all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to the Sharbatly.club service, the platform, or its contents or with respect to any information, services, and products provided through or in connection with the Sharbatly.club  service; Sharbatly.club does not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. Sharbatly.club makes no representations or warranties of any kind as to the availability, reliability, correctness, accuracy, content, or otherwise of any information, services, or products obtained through the platform or the Sharbatly.club services. Sharbatly.club does not warrant that the functions provided by the platform will be uninterrupted or error-free, that defects will be corrected, or that this platform or the server that makes it available is free from viruses or other harmful components.

6.2 Liability Disclaimer.

Neither Sharbatly.club  nor any of its directors, employees, agents, representatives, third-party information providers, merchants, shall be liable, in contract or in tort, for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to persons or property of the customer or any third party, arising out of or in connection with the use of, or the inability to use, the platform, the Sharbatly.club service, the internet or the purchased Products.

6.3 Limitation of Liability.

Sharbatly.club's liability shall be limited to the value of the purchased products providing you with a refund for any product that is returned or rejected/claimed for any reason. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Sharbatly.club service and to terminate this agreement. Sharbatly.club reserves the right to limit your order or the quantity of a specific product you may order.

6.4 Location Disclaimer.

The material in the Platform is provided for lawful purposes only. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

6.5 Right to Compensation.

You agree to defend, indemnify, and hold Sharbatly.club Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this Agreement by you or through use of your account.

 

7. General Terms

7.1 Termination.

This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Sharbatly.club may suspend or terminate this Agreement or the Sharbatly.club  Service or remove or disable access to any portion of the Sharbatly.club  Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Sharbatly.club  Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Sharbatly.club reserves the right to collect fees and charges incurred before you cancel your Sharbatly.club Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

7.2 Notices.

Sharbatly.club may give notice to you of any change or any other communication related to this Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in the "Your Account" section of the Platform. You may give notice to Sharbatly.club by e-mail to club@sharbatlyfruit.com.

7.3 Entire Agreement – Severability - Waiver.

This Customer Agreement, the Platform Terms of Use, and the Privacy Policy referred to herein represent your entire agreement with Sharbatly.club regarding the use of the Service and the Platform. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Sharbatly.club, and Sharbatly.club Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of Saudi Arabia without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Sharbatly.club or relating in any way to your use of the Service or the Platform resides in courts of Saudi Arabia and you further expressly consent and agree to personal jurisdiction by the State and Courts in Saud Arabia in connection with any such dispute, including any claim involving Sharbatly.club Parties.

7.4 Amendments.

Sharbatly.club  may amend this Agreement anytime by posting the amended terms on the Platform. All amended terms shall automatically be effective for orders placed after posting and seven days after they are initially posted on our Platform for orders already placed. By using this Platform after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.

 

8. Platform use Terms & Conditions 

8.1 Platform Use Restrictions

The content on this Platform, such as text, graphics, interfaces, images, photographs, illustrations, trademarks, trade names, service marks, logos, software, information obtained from Sharbatly.club ' licensors, and other materials ("Contents") is protected by copyright. "Sharbatly.club ", all Sharbatly.club  logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Sharbatly.club  or otherwise proprietary to Sharbatly.club  and may not be used by you for any reason other than as expressly permitted. All other trademarks, service marks, product names, and company names or logos appearing in the Sharbatly.club  Service and on the Platform are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using the Platform or the Sharbatly.club  Service. Title to the Contents remains with Sharbatly.club. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without the prior written permission of Sharbatly.club or its licensors.

The use of the Contents on any other Platform or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Sharbatly.club  and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without Sharbatly.club 's written permission, "mirror" any Contents contained in this Platform or any other server. You may not use the Platform for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Platform in any manner that could damage, disable, overburden, or impair the Platform, or interfere with any other party's use and enjoyment of the Platform. You may not attempt to gain unauthorized access to the Platform through hacking, password mining or any other means. Sharbatly.club  reserves the right, in its sole discretion, to terminate your access to the Platform, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

It is against our policy to allow customers to purchase from our eCommerce store for the purpose of reselling. Any customers found to violate this policy will be banned from our site and all future purchases will be denied. We reserve the right to cancel any orders that we suspect may be intended for resale.. By using our site, you agree to adhere to this policy and to not engage in any activities that would violate it. Please note that this policy is in place to protect the integrity of our brand and to ensure that all customers have fair access to our products.

 

8.2 User Submissions

The personal information you submit to Sharbatly.club  is governed by the Sharbatly.club  Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), Sharbatly.club  does not claim ownership of any information or material a user provides to Sharbatly.club  or posts, uploads, input, submits, or transmits to this Platform . You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or "spamming"; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Platform, or which, in the judgment of Sharbatly.club , exposes Sharbatly.club  or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Sharbatly.club . If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Sharbatly.club  a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Sharbatly.club  is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Sharbatly.club is not responsible for the consequences of any Submission. Sharbatly.club  is not responsible for screening or monitoring Submissions made to this Platform by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Sharbatly.club  may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Sharbatly.club  will have no liability or responsibility to users for performance or nonperformance of such activities.

Sharbatly.club  reserves the right (but is not obligated) to: (a) record the dialogue on the Platform; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate user access to any or all parts of the Platform upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Platform, regardless of whether such Submission violates these Terms of Use.

 

8.3 Product Feedback and Reviews Policy

  1. User-Generated Content: We appreciate and encourage our customers to leave feedback, reviews, and share pictures of the products they purchase. This helps build a community of trust and assists future customers in making informed decisions.
  2. Content Moderation: While we aim for an open platform where users can freely express their opinions on our products, we maintain the right to review, edit, and moderate any user-generated content to ensure it adheres to our guidelines. This includes feedback, reviews, and accompanying pictures.
  3. Feedback Integrity: Feedback and reviews should be genuine, based on the customer’s personal experience with the product. They should not contain any false information, misleading statements, or violate any applicable laws or community standards.
  4. Inappropriate Content: Any content, including feedback, reviews, or pictures, that contains profanity, hate speech, discriminatory remarks, threats, privacy violations, or any other content we deem inappropriate will be removed.
  5. Rights to Use: By submitting feedback, reviews, or pictures, customers grant M. A. Sharbatly Co. a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, distribute, and display such content for any purpose without providing any compensation or credit to the user.
  6. Privacy: We respect our customers' privacy. Feedback and reviews will typically be posted in an anonymous manner, and any personally identifiable information will be handled in line with our Privacy Policy.
  7. Feedback Removal: If a user wishes for their feedback, review, or picture to be removed, they can contact our customer service. We will assess such requests on a case-by-case basis and endeavor to address them promptly.

 

8.4 Newsletter Terms and Conditions

By creating an account with us, you are also subscribing to our newsletter. You agree to receive email from us. The aim of our newsletter service is to keep our customers and visitors updated about new product releases, discount offers and new information about our products and/or company.

Frequency: The frequency of the newsletter may vary and totally depends upon the discretion of the company.

Limited Liability: We reserve the sole right to either modify or discontinue the newsletter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Use. We reserve the sole right to unsubscribe users/visitors from our newsletter service, without notice. We will do so with any subscriber we deem registered with fake data.

Privacy Policy: We will not communicate/spread/publish or otherwise give away your address. You'll be able to change your subscription settings or delete it altogether anytime.

 

8.5 Access to the Service

You will provide all equipment and services and be responsible for all data, telephone and other charges necessary to access the Sharbatly.club  Service and the Platform. You agree to comply with all laws applicable to your activities on the Sharbatly.club  Platform and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

You acknowledge that from time to time the Sharbatly.club  Service or this Platform may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Sharbatly.club  may undertake from time to time; or (iii) causes beyond the control of Sharbatly.club  or which are not reasonably foreseeable by Sharbatly.club.

8.6 Submission of Ideas

Sharbatly.club  policy is to not accept or review unsolicited ideas or suggestions from persons outside the company. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Sharbatly.club through this Platform or otherwise shall be the property of Sharbatly.club , and may be treated by Sharbatly.club as non-confidential information. Sharbatly.club shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

 

8.7. Promotions and Promotional Codes

Any and all offers or promotions advertised on this Platform are void where prohibited, and are subject to the posting of any official rules to such offers or promotions. Sharbatly.club may create promotional codes that may be redeemed for purchases or offers on the Platform, subject to any additional terms that Sharbatly.club establishes for such promotional code (each a "Promo Code"). You agree that a Promo Code: (i) must be used for the intended audience, recipients, and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public or recipients that were not intended or permitted by Sharbatly.club  (whether posted to a public form or otherwise), unless expressly permitted by Sharbatly.club ; (iii) may be disabled by Sharbatly.club  at any time for any reason without liability to Sharbatly.club ; (iv) may only be used pursuant to the specific terms that Sharbatly.club establishes for such Promo Code; (v) is not valid for cash; and (vi) may expire prior to your use. Sharbatly.club reserves the right to withhold or deduct credits or other offers or benefits obtained through the use of Promo Codes by you or any other user in the event that Sharbatly.club determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms of Use.

 

8.8. Liability of Sharbatly.club and Its Licensors and Partners

The use of the Platform or the Contents is at your own risk. The Contents in this Platform could include technical inaccuracies or typographical errors. Sharbatly.club may make changes or improvements at any time.

YOU EXPRESSLY AGREE THAT USE OF THE SHARBATLY.CLUB  SERVICE, THE PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SHARBATLY.CLUB  SERVICE, THE PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SHARBATLY.CLUB  DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SHARBATLY.CLUB  SERVICE, THE PLATFORM, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SHARBATLY.CLUB  SERVICE; SHARBATLY.CLUB  DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

8.9 Indemnity

The material in the Platform is provided for lawful purposes only. Sharbatly.club operates this Platform for use in specific jurisdictions where it provides the Sharbatly.club Services and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.

You agree to defend, indemnify, and hold Sharbatly.club Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, settlements and expenses, including attorney's fees, accounting fees, and costs, arising in connection with, resulting from, or alleged to result from, your use of the Platform or Contents, or your violation of these Terms of Use.

 

8.10 Your Account

If you use this Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Sharbatly.club reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. 

8.11 Notice and Take Down Procedures

If you believe any Submission accessible on or from the Platform infringes your copyright, you may request removal of those materials (or access thereto) from this Platform by contacting Sharbatly.club (address identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.

Your name, address, telephone number, and (if available) email address.

A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.

A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or authorized representative.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Our email address for copyright issues relating to this Platform is as follows: club@sharbatlyfruit.com

In an effort to protect the rights of copyright owners, Sharbatly.club maintains a policy for the termination, in appropriate circumstances, of users of this Platform who are repeat infringers.

 

9. Complete Agreement

9.1 Agreement content

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Sharbatly.club on this Platform, these Terms of Use, the Terms of Service & Customer Agreement, the Refund Cancellation Policy, and the Sharbatly.club Privacy Policy, constitute the entire agreement between you and Sharbatly.club with respect to the use of the Platform and Contents.

9.2 Agreement languages

This Agreement is drafted in both the Arabic and English languages.

In case of any differences between the two versions that may lead to doubts about the correct interpretation of any clause, the Arabic language version will prevail over the English one.

 

10. Applicable Law and Jurisdiction

This Agreement shall be governed by the laws of Saudi Arabia without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Sharbatly.club or relating in any way to your use of the Sharbatly.club  Service or the Sharbatly.club Platform resides in the competent Courts of Jeddah, Saudi Arabia.

 

This Agreement was last revised on June 26, 2025.