Important: Please read these Terms and Conditions carefully. Section 14 of this Agreement contains an Arbitration Agreement and class action waiver that governs how disputes between you and Abboda are resolved. Unless you opt out of the Arbitration Agreement as provided below, you will be required to resolve disputes with Abboda through binding arbitration on an individual basis, which means you waive your right to a jury trial or to participate in a class action.
Welcome to Abboda! These Consumer Terms and Conditions (this "Agreement" or "Terms") constitute a legal agreement between you and Abboda. "Abboda," "we," "us," or "our" refers to Abboda, Inc., a Delaware corporation, and its subsidiaries and affiliated companies (including HMS United, LLC), collectively operating the Abboda delivery platform. By accessing or using any of our websites (e.g. abboda.com), mobile applications, or other online services (collectively, the "Technology"), and any features, functions, or services provided through our platform (collectively, the "Services"), you agree to be bound by this Agreement.
By using the Services (for example, by clicking "Accept" or creating an account), you represent and warrant that:
For purposes of this Agreement, the following terms have specific meanings:
Note: Additional defined terms may appear in the context of this Agreement. They shall have the meanings given to them herein.
Abboda provides an online marketplace that connects Users with independent Merchants offering goods (such as food, groceries, or other products) and with independent Contractors who provide delivery services. Abboda itself is not a retailer, food preparer, grocery store, delivery carrier, or provider of the goods or services you may order, except as expressly stated for specific services. The contract for the sale of goods is solely between you and the Merchant, while any delivery services are provided by independent Contractors. Abboda's role is limited to facilitating transactions through its platform by transmitting your orders to Merchants and coordinating delivery logistics, if applicable.
Abboda is not responsible for the actions or omissions of independent Merchants or Contractors. Abboda does not guarantee the quality, safety, preparation, or accuracy of items offered by Merchants, nor the reliability, timeliness, or conduct of Contractors. For instance, Abboda does not verify the accuracy of menu listings, product descriptions, or allergen information, and estimated delivery or pickup times are only approximations. Abboda makes no guarantees about the quality or timing of your order.
When you purchase goods from a Merchant through Abboda, title to the goods transfers directly from the Merchant to you at the Merchant's location (e.g., the restaurant or store), at the point the goods are handed over for delivery or pickup. Abboda and the Contractor do not take title to, or any ownership interest in, the items at any time. You agree not to create any lien or encumbrance on the goods before you obtain title.
The availability and functionality of the Services may vary based on your location and the version of the Abboda app or website you are using. Some features or promotions may be restricted to specific regions or user types. Abboda reserves the right to limit, modify, or discontinue any part of the Services at any time without notice.
Abboda grants you a limited, non-exclusive, non-transferable, revocable license to access and use its Technology and Services for personal, lawful, non-commercial purposes, subject to your compliance with these Terms. This license does not transfer any ownership rights to you, and you may not use the Technology or Services for any purpose not expressly permitted by this Agreement. Abboda retains all rights not expressly granted to you under these Terms.
To access certain Services, such as placing orders, you must create an Abboda user account. You agree to provide accurate, current, and complete information during registration and to keep this information updated, including your name, contact details, and payment information. You are responsible for maintaining the confidentiality and security of your account credentials, including your password.
You are the sole authorized user of your account. You must not share your login credentials or allow others to access your account. If you are a parent or guardian allowing a minor to use the Services (where legally permitted), you accept full responsibility for that minor's use. You must monitor your account to prevent unauthorized access and use.
You must notify Abboda immediately if you suspect any unauthorized use of your account or password. You may be held responsible for any losses incurred by Abboda or others due to unauthorized access to your account. Abboda is not liable for any loss or damage resulting from unauthorized use if you fail to secure your account.
You may not transfer or assign your account to any other person or entity. Abboda reserves the right to verify your identity or account details at any time for security and fraud prevention purposes. Abboda may suspend or terminate your account if we have reason to believe it has been compromised or misused.
When using Abboda's Services, you agree to act in a lawful, respectful, and responsible manner. You must not misuse the platform. Specifically, you agree not to:
Abboda may investigate suspected violations, cancel orders, suspend or terminate your account, or report you to law enforcement if appropriate. Abboda reserves the right to refuse service, restrict access, or deactivate your account for violations of this Agreement or applicable laws.
Abboda may allow Users to share content through the platform, including reviews, ratings, photos, feedback, or communications with customer support ("User Content"). By submitting User Content, you agree to the following:
You represent that you own or have the necessary rights to any User Content you provide. You agree not to submit content that:
Abboda reserves the right to review, monitor, and remove User Content at our discretion. If your content violates these Terms or is otherwise objectionable, we may remove it and, if necessary, suspend or terminate your account. However, Abboda is not responsible for failing to remove such material promptly.
By submitting User Content, you grant Abboda a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, modify, distribute, publish, publicly display, and create derivative works from your content for any purpose related to operating, promoting, and improving our Services. This includes the right to use your name, likeness (e.g., profile photo), and other personal attributes included in your content. This license remains in effect even if you delete your account or stop using the Services.
If you provide suggestions, ideas, or feedback to Abboda about our Services ("Feedback"), you agree that Abboda may use and implement this Feedback without compensation or obligation to you. Feedback is considered part of your User Content and is subject to the same license described above.
Ratings and Reviews are also considered User Content and must comply with the above standards. When posting Ratings or Reviews, you agree to:
Abboda does not guarantee that all reviews will be published or remain visible. We may remove reviews that violate these guidelines or our policies.
Abboda is not responsible for the opinions expressed in Ratings, Reviews, or other User Content. These views reflect the individual opinions of Users and do not represent Abboda's endorsement. Abboda is not liable for any statements in reviews or any harm resulting from reliance on those statements.
When you place an order through Abboda, you are making an offer to purchase products or services from a Merchant. Abboda facilitates the transaction, but the Merchant is solely responsible for fulfilling your order, including preparing the items. If delivery is required, it will be handled by an independent Contractor. Orders are subject to availability, and the Merchant may cancel or substitute items if unavailable, without charging you for canceled items. Abboda reserves the right to decline or cancel orders for reasons such as suspected fraud, pricing errors, or violations of these Terms, and will notify you if this occurs.
Prices for items on the Abboda platform may differ from in-store prices and are set by the Merchant. Abboda may also apply additional charges, such as delivery fees, service fees, or small order fees, which will be disclosed at checkout. You are responsible for all charges, including applicable taxes, displayed at checkout, and by confirming your order, you agree to pay the full amount.
By placing an order, you authorize Abboda (or its payment processor) to charge your selected payment method for the total order amount. This may include a temporary hold for the estimated amount, with the final charge adjusted based on the actual order total, including any substitutions or unavailable items.
Payment processing is handled by third-party providers. By using the platform, you agree to their terms and conditions. Abboda is not liable for errors or fees imposed by these processors, but we will assist in resolving issues within our control.
Abboda collects and remits applicable sales, use, or other taxes as required by law, based on your delivery address or pickup location. You agree to pay any required taxes, which will be displayed at checkout.
You may choose to add a tip for your delivery Contractor at checkout. Tips are optional but appreciated, and 100% of the tip goes directly to the Contractor. If you believe a tip was incorrectly charged, contact Abboda support.
All charges are final and non-refundable, except as required by law or at Abboda's discretion. If you experience a significant issue with your order, such as missing or incorrect items, contact Abboda support for possible remedies, which may include a refund, credit, or redelivery. Abboda's decisions on refunds are final.
Once you place an order, the Merchant may immediately begin preparation, making cancellation difficult. If you attempt to cancel an order, Abboda will try to accommodate the request, but you may still be charged for items already prepared or dispatched. Abboda reserves the right to charge cancellation fees where applicable.
You are responsible for providing an accurate and safe delivery address. If the Contractor cannot complete the delivery due to issues like gated access, no response, or incorrect address, the order may be left in a safe location or returned to the Merchant. You may still be charged for failed deliveries, including perishable items that cannot be resold.
If your order is missing, incorrect, or damaged, notify Abboda promptly, ideally within 24 hours. Abboda will review the issue and may offer remedies like a refund, credit, or redelivery. Repeated or suspected fraudulent claims may result in denial of refunds and potential account suspension.
Abboda may offer promotional codes, discounts, referral credits, loyalty rewards, or other special offers ("Promotions") at its discretion. These Promotions are subject to the specific terms provided with each offer and the general rules below:
Promotions are typically limited to one per user and are intended for personal use only. You may not sell, transfer, or trade promotional codes or credits. Promotions have no cash value and cannot be redeemed for cash.
Some Promotions are restricted to certain users, geographic areas, or specific item categories. For example, "first-time user" promotions are only valid for those placing their first order. Attempting to exploit these offers by creating multiple accounts is a violation of these Terms.
Promotions have expiration dates or limited availability and may be modified or canceled by Abboda at any time. Abboda will honor the value of active, earned promotions, but reserves the right to change future eligibility.
Promotions generally cannot be combined, unless explicitly stated. Only one promo code may be applied per order, and the highest available discount will apply if multiple codes are attempted.
You may not abuse or manipulate Promotions. This includes redeeming single-use offers multiple times, using automated methods to gain benefits, or creating multiple accounts to bypass restrictions. Abboda reserves the right to invalidate or revoke any promotion obtained through fraudulent or abusive means, and may charge you for any improperly claimed discounts or suspend your account if necessary.
If Abboda offers a referral program, the credits are typically only available if the referred friend is a new user who meets specific criteria (e.g., minimum order amount). Self-referrals or coordinated referrals are prohibited. Abboda reserves the right to limit total referral credits and adjust rewards if abuse is detected.
If a Promotion contains an error, such as an incorrect discount amount, Abboda may correct the error by adjusting the discount or charging the correct amount after notifying you. Abboda will act in good faith to resolve such issues.
Promotions are discretionary and do not represent an entitlement. By participating, you agree that Abboda's decisions regarding Promotions, including interpretation and enforcement, are final.
Your privacy is important to us. By using the Abboda Services, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy, available on our website. This may include sharing your contact details, order history, delivery location, and payment information with Merchants and Contractors to process and deliver your orders.
You consent to Abboda collecting and using your personal data to provide and improve the Services. This may include information like your name, contact details, location, order history, and payment information. Abboda uses reasonable security measures to protect your data, but no system is completely secure. You agree that Abboda is not liable for unauthorized data access to the extent permitted by law. Please notify us immediately if you suspect a data breach or unauthorized access to your account.
Abboda complies with applicable U.S. privacy laws, including the California Consumer Privacy Act (CCPA) and similar state regulations. If you are a California resident or have similar rights under other privacy laws, you may:
To exercise your rights, contact us through the methods provided in our Privacy Policy. We may need to verify your identity before fulfilling your request.
When you place an order, Abboda may share necessary information with the Merchant and the Contractor delivering your order (e.g., your name, address, and order details) to facilitate the transaction. While these third parties are required to use your data only for order fulfillment, Abboda cannot guarantee their compliance with all privacy laws. If you believe your data has been misused, please notify us, and we will investigate.
By creating an account, you agree to receive transactional communications (e.g., order confirmations, delivery updates, and receipts) via email, SMS, push notifications, or in-app messages. You may also receive promotional communications, which you can opt out of at any time by using the "unsubscribe" link in emails or replying "STOP" to SMS messages. However, opting out of marketing messages will not affect essential service communications.
If you have questions about our privacy practices, please refer to our Privacy Policy or contact us at the designated privacy contact listed in the Privacy Policy.
Abboda owns all rights, title, and interest in its Services and Technology, including all content, software, code, logos, text, graphics, and data compilations. These materials are protected by copyright, trademark, trade secret, and other intellectual property laws. The "Abboda" name, logos, and related branding are trademarks of Abboda, Inc. (and/or its affiliates). Except for the limited, personal license granted to you under this Agreement, you receive no ownership rights in Abboda's intellectual property.
You may not reverse engineer, decompile, or disassemble any part of the Technology, nor attempt to bypass any security features or access controls. You may not remove or obscure copyright, trademark, or other proprietary notices. Use of Abboda's trademarks, logos, or branding is prohibited without prior written permission.
Abboda respects the intellectual property rights of others. If you believe that any content on the platform infringes your copyright or other IP rights, you may notify Abboda as described in our copyright policy. We will respond to valid takedown requests and may remove or disable access to infringing content. Repeat violators may have their accounts terminated.
If you download the Abboda mobile app, you receive a limited, revocable, non-transferable license to install and use the app on your personal device for accessing the Services. This license is subject to compliance with the app store's terms (e.g., Apple App Store or Google Play) and Abboda's own terms. The app may require access to certain device features (e.g., GPS, camera) to function properly, which you can manage through your device settings. Abboda is responsible for app maintenance and support as required by law.
All rights not expressly granted to you in this Agreement are reserved by Abboda. Unauthorized use of Abboda's intellectual property may result in account suspension or legal action.
Abboda provides the Services "AS IS" and "AS AVAILABLE", without any express or implied warranties. To the fullest extent permitted by law, Abboda disclaims all warranties, including:
To the maximum extent permitted by law, Abboda's liability to you is limited. This includes:
You agree to indemnify, defend, and hold harmless Abboda, its affiliates, officers, directors, employees, and agents ("Abboda Parties") from any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
Abboda reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to fully cooperate with Abboda in such cases. You may not settle any such matter without Abboda's prior written consent. This indemnification obligation survives termination of your account or this Agreement.
Abboda aims to resolve disputes quickly and fairly. Please read this section carefully, as it affects your legal rights.
If you have a dispute related to this Agreement or the Services ("Dispute"), you agree to first contact Abboda's customer support to attempt to resolve the issue informally. If this does not resolve the matter, either party may request mediation, a voluntary process where a neutral third party helps facilitate a resolution. Mediation is non-binding and can be arranged through the American Arbitration Association (AAA) or another mutually agreed provider. Mediation costs will be shared equally, unless otherwise agreed. Participation in mediation is encouraged but not required before moving to arbitration or litigation.
If a Dispute cannot be resolved informally or through mediation, it must be resolved by binding arbitration on an individual basis, except as noted below. This means you waive your right to a jury trial or to participate in a class action. The arbitration will be administered by the AAA under its Consumer Arbitration Rules (or Commercial Arbitration Rules if applicable), unless otherwise agreed.
This agreement covers all Disputes, regardless of when they arose, including those related to earlier versions of this Agreement. The arbitrator may grant any relief available in court but only on an individual basis.
You or Abboda may choose to resolve the following types of disputes in court rather than arbitration:
The arbitration will be held in the county of your billing address or another mutually agreed location. For claims under $10,000, you may choose to have the arbitration conducted by phone, video, or solely based on written submissions. If the claim exceeds $10,000, the right to a hearing will be determined by AAA rules.
You and Abboda agree that any arbitration or court proceeding will be individual only, not on a class, collective, or representative basis. This means you waive any right to bring or participate in class actions or consolidated claims. If this waiver is found unenforceable, the entire arbitration agreement is void.
Abboda will cover your arbitration filing fee if your claim is $10,000 or less, unless the arbitrator finds the claim frivolous. Abboda will not seek its attorneys' fees unless your claim is deemed frivolous or intended to harass.
All arbitration proceedings, including awards and decisions, are confidential, except as required by law or for enforcement purposes.
You may opt out of this arbitration agreement by sending a written notice within 30 days of first agreeing to these Terms. Your notice must include your name, email address, and a statement that you wish to opt out of arbitration, and should be sent to ________________ or by postal mail to Abboda's designated address. Opting out will not affect the rest of this Agreement.
If any part of this arbitration agreement is found unenforceable, the remaining portions will still apply, except as noted in the Class Action Waiver section. If the entire arbitration agreement is unenforceable, disputes will be resolved in Maricopa County, Arizona, unless otherwise required by law.
By agreeing to these Terms, you and Abboda waive the right to a jury trial and to participate in class actions. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) to the fullest extent applicable.
Except as governed by the Federal Arbitration Act for arbitration matters, this Agreement and any disputes arising from it are governed by the laws of the State of Arizona, without regard to conflict of law principles. If the arbitration agreement is found unenforceable, or you have opted out, or you bring a claim in small claims court, you agree to resolve such disputes exclusively in the state or federal courts in Maricopa County, Arizona.
This choice of Arizona law is not intended to deprive you of any non-waivable consumer protections provided by the laws of your state of residence, where applicable.
Abboda is not liable for delays or failures in providing Services due to force majeure events beyond its reasonable control. These include, but are not limited to, natural disasters, fires, pandemics, wars, terrorism, civil unrest, labor strikes, government actions, power outages, and internet disruptions.
During such events, Abboda's obligations under this Agreement are suspended for the duration of the disruption. Abboda will make reasonable efforts to resume Services promptly and keep users informed, but is not considered in breach of this Agreement due to such delays.
Merchants and Contractors may also be affected by force majeure events, and Abboda is not responsible for their non-performance in such cases. If a force majeure event significantly impacts Services, Abboda may cancel affected orders and, at its discretion, issue refunds or credits.
Abboda may suspend, deactivate, or terminate your account or access to the Services at any time, with or without notice, for any reason, including suspected misconduct, fraud, violation of these Terms, or actions that harm other users, Merchants, Contractors, or Abboda. Your account may also be temporarily suspended for security reasons, unusual activity, or required verification. Abboda may, but is not obligated to, provide notice or an opportunity to remedy violations before termination.
If your account is terminated, you lose access to the Services, including any pending orders, credits, or promotional balances, which may be forfeited, subject to applicable law. Abboda may provide notice of termination where legally required but reserves the right to withhold notice if doing so could harm Abboda or others (e.g., during an ongoing investigation).
You may terminate your account at any time by deactivating it through the Abboda app or by contacting customer support to request permanent deletion. Deleting your account is irreversible, and you will lose access to your profile, order history, and any stored credits or balances, except for data retained for legal reasons.
If you stop using the Services without formally deleting your account, your account may remain active unless terminated by Abboda due to prolonged inactivity or other reasons.
Upon termination of your account:
Provisions of this Agreement that by their nature should survive termination (including User Content licenses, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law) will continue to apply.
Abboda reserves the right to update or modify these Terms at any time. If we make material changes, we will notify you through appropriate means, such as email, in-app notifications, or a prominent notice on our website. We will also specify an Effective Date for the changes.
Your continued use of the Services after the Effective Date of any updated Terms constitutes acceptance of those changes. If you do not agree to the revised Terms, you should stop using the Services and may delete your account.
For non-material changes, such as clarifications or technical adjustments, Abboda may not provide direct notice. We encourage you to periodically review the Terms on our website for the latest version. The Last Updated date will be clearly noted.
Abboda will determine what constitutes a material change based on good faith and legal guidelines. Examples may include changes to dispute resolution, fees, or user obligations.
In addition to these Terms, Abboda may have separate policies, like a Privacy Policy, community guidelines, or cancellation policies. These may also be updated from time to time. By continuing to use the Services after such updates, you accept the revised policies.
If any part of this Agreement is found to be invalid, illegal, or unenforceable by a court or arbitrator with proper authority, that part will be severed from the Agreement. The remaining provisions will remain in full force and effect and will be interpreted to best reflect the original intent of the parties, to the extent permitted by law.
The class action waiver in the Arbitration Agreement (Section 14) is a critical part of that section. If the class action waiver is deemed unenforceable, the entire Arbitration Agreement may be void as outlined in Section 14, rather than being modified under this general severability clause. This ensures the original dispute resolution structure is preserved.
This Agreement, along with any referenced policies (such as the Privacy Policy), constitutes the entire agreement between you and Abboda regarding the Services. It supersedes all prior agreements or understandings, whether written or oral. You agree that you have not relied on any statements or promises not explicitly included in this Agreement.
Abboda's failure to enforce any right or provision in this Agreement is not a waiver of that right or provision. A waiver of one breach does not constitute a waiver of any subsequent breaches. Any waiver must be in writing and authorized by Abboda to be effective.
You may not assign or transfer your rights or obligations under this Agreement without Abboda's prior written consent. Abboda may freely assign or transfer this Agreement, including in connection with a merger, acquisition, or sale of assets. This Agreement is binding on the parties, their successors, and permitted assigns.
This Agreement is solely for the benefit of you and Abboda. It does not create rights for any third parties, except Abboda's affiliates, subsidiaries, and related entities, which are intended beneficiaries of the disclaimers, indemnities, and liability limitations provided to Abboda.
You and Abboda are independent contractors. This Agreement does not create any agency, partnership, joint venture, employment, or franchise relationship. You have no authority to bind Abboda or act on its behalf.
Abboda may provide notices to you via email, in-app notifications, regular mail, or by posting on the Abboda website. For legal notices, you may contact Abboda at:
Section titles are for convenience only and have no legal effect. Terms like "including" or "for example" are meant to include without limitation, unless otherwise specified.
These Terms are written in English. Any translation provided is for convenience only, and the English version will control in the event of any conflict.
By using Abboda's Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you have questions, please contact us at info@abboda.com
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