TERMS OF SERVICES
TERMS OF SERVICES
Table of Contents
Consumer Policies & Terms 1
Our Contract 2
Risk of Loss 3
Product Information 4
Returns and Refunds 4
Disputes and Applicable Law 5
Disclaimer and Limitation of Liability 6
Updates 6
Waiver 7
Data Protection 7
Contact Details 7
How We Collect Your Information 7
Information We Collect From You 8
Use Of Your Information 9
YAM For Trade 10
Cookies 11
Marketing 11
Automated Decision Making 12
Retaining Your Information 13
Disclosure Of Your Information 13
Security 15
Your Rights 16
Changes To Our Privacy Policy 17
Complaints 17
Consumer Policies & Terms
We are known as YAM, but our legal name is YAM Marketing ("we", "our", "us" or "
YAM) and we are committed to protecting the privacy of all users of our website
www.yam.ae, or mobile applications (together, the "Sites"). Please read the following
privacy policy that explains how we use and protect your information. We are the
"controller" of the information we process, unless otherwise stated.
Your purchase and use of delivery or related services are subject to the terms and
conditions described on this page, the policies we make available in connection with
your seller account, and the third-party carrier and other terms available via links
below. You agree to these terms and conditions by clicking the check box and/or the
"Buy delivery services & confirm dispatch" button presented with these terms and
conditions or, if earlier, using any of the services described in these terms and
conditions.
Your Purchase. You are purchasing delivery and any related services you request (such as
liability cover) from third parties and not from YAM. YAM is not responsible for and will not
have any liability regarding services you purchase from third parties.
Charges to Seller Account. By purchasing delivery or related services from third parties
via your seller account, you agree to pay the fees associated with those services. You
authorize us to charge your seller account for any fees associated with the services you
purchase (including by offsetting any amounts payable by you against any amounts
otherwise payable by us to you). Also, we may seek payment or reimbursement of fees by
any other means permitted by your seller agreement or applicable law. We reserve the right
to adjust charges after they are initially posted to reflect adjustments by the applicable
carrier or other service provider. We may limit or disallow services in our discretion.
Compliance with Laws. You will comply with all applicable laws and regulations with
respect to delivery and related third-party services you purchase.
Third-Party Service Terms Apply. Your purchase and use of delivery and related services
are also subject to the terms, conditions, and other agreements between you and the
applicable carrier or other service provider. You are responsible for reviewing and
complying with them.
Our Contract
With respect to products sold by an Local or international YAM Store, your order is an offer
to us for you to buy the product(s) in your order. When you place an order to purchase the
Local or international Product(s) from us, you will be sent a message or an email confirming
receipt of your order and containing the details of your order (the "Order Confirmation"). The
Order Confirmation is acknowledgement that we have received your order, and does not
confirm our acceptance of your offer to buy the Local or international Product(s)ordered. We
only accept your offer, and conclude the contract of sale for an Local or international
Product ordered by you, when we dispatch the product(s)to you and send e-mail or a
message confirming that we've dispatched the product to you (the " Dispatch
Confirmation"). We reserve the right to cancel orders in our sole discretion. If your order is
dispatched in more than one package, you may receive a separate Dispatch Confirmation
for each package, and each Dispatch Confirmation and corresponding dispatch will
conclude a separate contract of sale between us for the Local or international Product(s)
specified in that Dispatch Confirmation. Your contract of sale is with the respective Local or
international YAM Store(s).
Please note that we sell Local or international Products only in quantities which correspond
to personal use and may refuse orders for quantities that we determine are for commercial
purposes. This applies both to the number of Local or international Products ordered within
a single order and the placing of several orders for the same or similar Local or international
Products. You are responsible for adhering to local regulations governing limitations on
purchases for personal import.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If
we have made a mistake and an Local or international Product's correct price is higher than
the price on the website, we may either contact you before shipping to request whether you
want to buy the Local or international Product at the correct price or cancel your order. We
may be required to cancel or limit orders from time to time where there has been a genuine
price error.
Risk of Loss
All purchases of Local or international Products are made pursuant to a shipment contract.
This means that the risk of loss and title for Local or international Products pass to you upon
our delivery to the carrier outside the UAE .
Product Information
Unless expressly indicated otherwise, the Local or international YAM Store is not the
manufacturer of the Local or international Products. While we work to ensure that product
information and translations of that product information for Local or international Products is
correct, Local or international Products and any product packaging and materials may be
different from that displayed on the website. All information about Local or international
Products on the website is provided for informational purposes only and the Local or
international YAM Store does not warrant that information for Local or international Products
or the Arabic translation of that information, which may be automated, is accurate,
complete, reliable, current, or error-free. To the extent permitted by law, the Local or
international YAM Store's sole liability in the event of any incorrect product information will
be to accept a return of the Local or international Product in accordance with our returns
policy. We recommend that you do not rely solely on the information presented on the
website. Please always read labels, warnings and directions provided with the Local or
international Product before use.
The Local or international YAM Stores accept no liability for inaccuracies or misstatements
about Local or international Products by manufacturers or other third parties.
In the event of any safety concerns or for any other information about an Local or
international Product, please carefully read the information provided with the Local or
international Product, contact the manufacturer, or report the concern to us.
Returns and Refunds
YAM Global Store items can be returned within 30 days of receipt of delivery using the Online
Returns Center. It can take up to 25 days for an item to reach us once you return it.
Once the item is received at our fulfilment centre in the country the product was exported from, it
takes 3-5 business days for the refund to be processed and 5-7 business days for the refund amount
back to your original form of payment method.
If you return an item that you received defective, damaged or incorrect, you’ll be refunded the full
delivery cost, as well as your Import Fees Deposit, once your return is processed.
For other return reasons , original delivery fees are not refunded and YAM.ae will deduct return
shipping fees, to cover local or international return shipping. If you wish to cancel your order/item
before it is shipped, go to Cancel Item or Order.
The YAM Store does not take title to returned items until the item arrives at the Local or
international YAM Store's fulfillment center or such other location as we may specify. At its
discretion, the Local or international YAM Store may elect to issue a refund without
requiring a return. In this situation, the Local or international YAM Store does not take title to
the refunded item.
Disputes and Applicable Law
When you purchase Local or international Products from YAM:
You agree to resolve any claim or dispute relating in any way to your purchase, import or
use of an Local or international Product or services sold or distributed by YAM by binding
arbitration, rather than in court, except that you may assert claims in U.S. small claims court
if your claims qualify. The UAE/KSA/UK Federal Arbitration Act and U.S. federal arbitration
law apply to these Conditions of Sale and any dispute of any sort that might arise between
you and YAM US.
There is no judge or jury in arbitration and court review of an arbitration award is limited.
However, an arbitrator can award on an individual basis the same damages and relief as a
court (including injunctive and declaratory relief or statutory damages) and must follow the
terms of these Conditions of Sale as a court would.
We will reimburse those fees for claims totaling less than AED 10,000 unless the arbitrator
determines the claims are frivolous. Likewise, YAM will not seek attorneys' fees and costs in
arbitration unless the arbitrator determines the claims are frivolous. You may choose to
have the arbitration conducted by telephone, based on written submissions, or in person in
the country where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or representative action. If for any reason a
claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We
also both agree that you or we may bring suit in court to enjoin infringement or other misuse
of intellectual property rights.
You agree that the UAE/ KSA/UK Federal Arbitration Act, applicable UAE/ KSA/UK federal
law, and the laws of the state of Washington, U.S., without regard to principles of conflict of
laws, will govern these Conditions of Sale and any dispute of any sort that might arise
between you and YAM.
Disclaimer and Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EACH LOCAL OR INTERNATIONAL YAM
STORE : (i) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE; AND (ii) WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING. Unless otherwise stated in writing, our liability to you for any loss
arising from or relating to the offer or sale of any product by us on the website is limited to a
refund of the relevant amount paid for the product (including applicable shipping fees).
Updates
We reserve the right to make changes to its terms, conditions, and policies, including these
Conditions of Sale at any time by posting the changes on our website. You will be subject to
the terms, conditions, policies, and Conditions of Sale in force at the time that you purchase
Local or international Products.
If any of these Conditions of Sale are deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not affect the validity and
enforceability of any remaining condition.
Waiver
If you breach these Conditions of Sale and we take no action, we will still be entitled to use
our rights and remedies in any other situation where you breach these Conditions of Sale
Data Protection
Contact Details
If you have any queries or requests concerning this privacy policy or how we handle
your data more generally, you can get in touch with us using the following details.
By contacting our general customer services team at: info@yam.ltd
By contacting our Data Protection Officer: info@yam.ltd
How We Collect Your Information
We collect your personal information when you interact with us or use our services,
such as when you use our Sites to place an order. We also look at how visitors use our
Sites, to help us improve our services and optimise customer experience.
We collect information:
1. when you create an account with us or you change your account settings;
2. when you place an order with us and during the order process (including for
payment and order delivery);
3. when you give us your consent to contact you via email, phone, post,
message, push notification, or via our chat function, to send you marketing
campaigns, tell you about YAM initiatives, or to invite you to participate in
surveys about our services, or our partners’ services;
4. when you contact us directly via email, phone, post, message or via our chat
function; and
5. when you browse and use our Sites (before and after you create an account
with us).
We also collect information from third party sites, such as advertising and social media
platforms and our fraud detection provider. If you link your Social Media or your third-
party accounts to us, we will keep a record of your Social Media handle, and the other
information that is made available to us according to your Social Media account
settings. If your employer signs up for YAM for Business, we may receive your contact
details from your employer to enable us to provide our services to you.
Information We Collect From You
As part of our commitment to the privacy of our customers and visitors to our Sites more
generally, we want to be clear about the sort of information we will collect from you.
When you visit the Sites or make a YAM order through the Sites, including any website
we work with for providing delivery, maintenance and building services, you are asked
to provide information about yourself including your name, contact details, delivery
address, order details, loyalty scheme details where applicable, and payment
information such as credit or debit card information. We will also collect information from
you when you contact our companions using the chat function on our Sites. We may
also collect your date of birth to verify your age when you purchase age restricted items.
We also collect information about your usage of the Sites and information about you
from any messages you post to the Sites or when you contact us or provide us with
feedback, including via e-mail, letter, phone or chat function. If you contact us by phone,
we record the call for training and service improvement purposes, and make notes in
relation to your call. We collect technical information from your mobile device or
computer, such as its operating system, the device and connection type and the IP
address from which you are accessing our Sites.
We also collect technical information about your use of our services through a mobile
device, for example, carrier, location data and performance data such as mobile
payment methods, interaction with other retail technology such as use of NFC Tags, QR
Codes and/or use of mobile vouchers. Unless you have elected to remain anonymous
through your device and/or platform settings, this information may be collected and
used by us automatically if you use the service through your mobile device(s) via any
YAM mobile application, through your mobile's browser or otherwise.
Use Of Your Information
We will only process the data we collect about you if there is a reason for doing so, and
if that reason is permitted under data protection law.
We use your information where we need to in order to provide you with the service you
have requested or to enter into a contract. You do not have to provide this information to
us, but we may be unable to provide our services to you without the following
information:
to enable us to provide you with access to the relevant parts of the Sites, we
collect necessary cookies from your device (see our Cookie Policy for further
information, including on other types of cookies that we use);
to supply the services you have requested, we collect your name, contact
details, delivery address and order details;
to enable us to collect payment from you, we collect your credit or debit card
information; and
to contact you were necessary concerning our services, such as to resolve
issues you may have with your order, we collect the information listed above
and any additional information we may need to resolve your issue.
We also process your data where we have a legitimate interest for doing so - for
example personalisation of our service, including processing data to make it easier and
faster for you to place orders. We have listed these reasons below:
to improve the effectiveness and quality of service that our customers can
expect from us in the future;
to tailor content that we or our partners display to you, for example so that we
can show you partners which are in your area or make sure you see the
advertising which is most relevant to you, based on characteristics
determined by us;
to enable our customer support team to help you with any enquiries or
complaints in the most efficient way possible and to provide a positive
customer experience;
to contact you for your views and feedback on our services or our partners’
services and/or products and to notify you if there are any important changes
or developments to the Sites or our services, including letting you know that
our services are operating in a new area, where you have asked us to do so;
to send you information by post about our products, services, promotions and
YAM initiatives (if you do not want to receive these, you can let us know by
getting in touch);
to analyse your activity on the Sites so that we can administer, support,
improve and develop our business and for statistical and analytical purposes
and to help us to prevent fraud; and
to detect, investigate, report and seek to prevent fraud or crime.
We also process your data to enforce our contractual terms with you and any other
agreement, and for the exercise or defence of legal claims and to protect the rights of
our companions, drivers, or others (including to prevent fraud).
If you submit comments and feedback regarding the Sites and the services, we may use
such comments and feedback on the Sites and in any marketing or advertising
materials. We will only identify you for this purpose by your first name and the city in
which you live such comments and feedback may be shared with our partners to assess
and improve their services.
We will also analyse data about your use of our services from your location data to
create profiles relating to you and for you. This means that we may make certain
assumptions about what you may be interested in and use this, for example, to send
you more tailored marketing communications, to present you with partners that we think
you will prefer, or to let you know about special offers or products which we think you
may be interested in. This activity is referred to as profiling. You have certain rights in
relation to this type of processing. Please see the Your Rights section below for more
information.
We may also use your information to comply with any legal obligation or regulatory
requirement to which we are subject.
YAM For Trade
We also process your information to determine whether you may be interested in
hearing about our YAM for Trade service and, if your employer signs up for YAM for
Trade, to make this service available to you.
Where we think you are using your YAM account for business purposes and your
company may be interested in our YAM for Trade service. where appropriate, we may
contact you (by email or telephone) to let you know about this service. We do this as it's
in our legitimate business interests. You have the right to object to receiving these types
of communications, which you can do by responding to our emails to unsubscribe or by
contacting us using the contact details in this privacy policy.
If your employer signs up for YAM for Trade, we will contact you to let you know that the
YAM for Trade service is available to you. If you would like to take up your employer’s
offer to use YAM for Trade, we will tag your YAM account as having a YAM for Trade
allowance. For more information, please contact your employer.
When you use YAM for Trade, we will process your information for the purposes set out
in the Use of Your Information section above. We will also share personal data relating
your order (such as the order date and time, the payment amount and the companion
with which the order was placed with) with your employer.
Cookies
You can set your browser to refuse all or some browser cookies, or to alert you when
websites set or access cookies. If you disable or refuse cookies, please note that some
parts of the Site may become inaccessible or not function properly. For more
information about the cookies we use review the Service Terms.
Marketing
Where you have given your consent or where we have a legitimate interest for doing so
(and are permitted to do so by law) we will use your information to let you know about
our other products and services, or YAM initiatives that may be of interest to you and we
may contact you to do so by email, post, phone, or push notifications.
We use online advertising to keep you aware of what we’re up to and to help you see
and find our products.
You may see YAM banners and ads when you are on other websites and apps, such as
Social Media. We manage this through a variety of digital marketing networks. We also
use a range of advertising technologies. The banners and ads you see are based on
information we hold about you, or your previous use of YAM (for example, your YAM
order history) or on YAM banners or ads you have previously clicked on. We use your
customer’s profile to send you communications that are the most relevant to you. You
have certain rights in relation to this type of processing. Please see the Your Rights
section below for more information.
You can control your marketing preferences by:
visiting our website,or email: info@yam.ltd or using the mobile application;
Where you have chosen at a device level to begin or continue receiving push
notifications from us, we may send you push notifications relating to the services that
you have requested from us and information about our services, offers and YAM
initiatives. You can choose to stop receiving push notifications from us at any time by
changing your preferences on your mobile device.
We may still contact you through email where you have opted out of direct marketing
with service communications, including, but not limited to, correspondence providing
information about service interruption and delivery safety.
Automated Decision Making
We conduct fraud checks on all customers. Where we believe there may be fraudulent
activity, we may block you from placing an order and using our Sites.
We undertake fraud checks on all customers because this is necessary for us to
perform our contracted services to customers, by ensuring that the services we (and all
our companions) provide are duly paid for, and also so that individuals themselves are
protected from fraudulent transactions on their cards.
Given the volumes of customers and orders we deal with, we use automated systems
including a third-party fraud detection provider of our choice which analyses your order
data in order to make automated decisions as to whether or not we will accept an order.
We find this is a fairer, more accurate and more efficient way of conducting fraud
checks since human checks would simply not be possible in the timeframes and given
the volumes of customers that we deal with.
The checks and decisions that are made look at various components including known
industry indicators of fraud which our expert fraud detection provider makes available to
us, as well as fraud patterns we have detected on our Sites. When combined, these
generate an automated score indicating the likelihood of a fraudulent transaction. If our
systems indicate a high score for you, then we may decline an order or even block you
from our services. The specific fraud indicators are dynamic so will change depending
on what types of fraud are being detected in the wider world, country and our Sites at
any particular time.
You have certain rights in respect of this activity - please see the Your Rights section
below for more information. Our fraud detection is in place to protect all of our
customers as well as YAM. You have the right to contest any fraud decision made about
you and to be given more information about why any such decision was made by
contacting us using the Contact Details above.
Retaining Your Information
We will not retain your information for any longer than we think is necessary.
Information that we collect will be retained for as long as needed to fulfil the purposes
outlined in the Use of Your Information section above, in line with our legitimate interest
or for a period specifically required by applicable regulations or laws, such as retaining
the information for regulatory reporting purposes.
When determining the relevant retention periods, we will take into account factors
including:
our contractual obligations and rights in relation to the information involved;
legal obligation(s) under applicable law to retain data for a certain period of
time;
statute of limitations under applicable law(s);
our legitimate interests where we have carried out balancing tests (see the
Use of Your Information section above);
(potential) disputes; and
guidelines issued by relevant data protection authorities.
Otherwise, we securely erase your information where we no longer require your
information for the purposes collected.
Disclosure Of Your Information
The information we collect about you will be transferred to and stored on our servers
located on AWS platform. We are very careful and transparent about who else your
information is shared with.
The information we collect about you will be transferred to and stored on our servers
located on AWS platform. We are very careful and transparent about who else your
information is shared with.
We share your information with other YAM group companies only where necessary for
the purposes set out in the Use of Your Information section above. We share your
information with third-party service providers which provide services on our behalf. The
types of third-party service providers whom we share your information with include for
example:
Payment providers (including online payment providers and fraud detection
providers);
IT service providers (including cloud providers);
Vendor companions;
Riders;
Customer support partners (including, but not limited to, companies that
assist us to provide customer or technical support); and
Marketing and advertising partners (to learn more about our website data
sharing policy please see our Cookie Policy mentioned in the Cookies section
above).
YAM also shares your information when we promote a programme or offer a service or
product in conjunction with a third-party business partner. We will share your
information with that partner to assist in marketing or to provide the associated product
or service. In most of those cases, the programme or offer will include the name of the
third-party business partner, either alone or with ours. An example of such a business
partner relationship would be a partner that we partner with for providing work and
delivery services.
If you submit comments and feedback regarding the Sites, services, and our partners
we may share such comments and feedback with our partners. In addition, we may
share health information about you with our partners where you volunteer. REVIEW
YAM will take all steps reasonably necessary to ensure that your data is treated
securely and in accordance with this privacy policy and applicable laws when it is
transferred to third parties.
If our business enters into a joint venture with, purchases or is sold to or merged with
another business entity, your information may be disclosed or transferred to the target
company, our new business partners or owners or their advisors.
We may also share your information:
if we are under a duty to disclose or share your information in order to comply
with (and/or where we believe we are under a duty to comply with) any legal
obligation or regulatory requirement. This includes exchanging information
with other companies and other organisations for the purposes of fraud
protection and prevention, and with law enforcement for crime prevention;
in order to enforce our contractual terms with you and any other agreement;
to protect the rights of YAM, our partners, riders, or others, including to
prevent fraud; and
with such third parties as we reasonably consider necessary in order to
prevent crime, e.g., the police or for health and safety purposes.
Local or international transfers of data:
In some cases the personal data we collect from you might be processed
outside the UAE/KSA, such as in the European Economic Area (“EEA”),UK
the United States, the Philippines and the countries in which YAM operates.
These countries may not have the same protections for your personal data as
the UK or EEA has. However, we are obliged to ensure that the personal data
that is processed by us and our suppliers outside of the UK or EEA is
protected in the same ways as it would be if it was processed within the UK or
the EEA. There are therefore certain safeguards in place when your data is
processed outside of the UK or the EEA.
We ensure a similar degree of protection is afforded to it by ensuring at least
one of the following safeguards is implemented:
1. your personal data is transferred to countries that have been deemed to
provide an adequate level of protection for personal data by the Secretary of
State; and
2. we use any Secretary of State approved data transfer mechanisms,
Please contact us using the Contact Details above if you want further information on the
countries to which personal data may be transferred and the specific mechanism used
by us when transferring your personal data out of the UAE/KSA/UK or the EEA.
Security
We adopt robust technologies and policies to ensure the personal information we hold
about you is suitably protected.
We take steps to protect your information from unauthorised access and against
unlawful processing, accidental loss, destruction and damage.
Where you have chosen a password that allows you to access certain parts of the Sites,
you are responsible for keeping this password confidential. We advise you not to share
your password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure.
Although we will take steps to protect your information, we cannot guarantee the
security of your data transmitted to the Sites; any transmission is at your own risk. Once
we have received your information, we will use strict procedures and security features to
try to prevent unauthorised access.
Your Rights
Subject to applicable law, you may have a number of rights concerning the data we hold
about you. If you wish to exercise any of these rights, please contact our Data
Protection Officer using the Contact Details set out above.
The right to be informed. You have the right to be provided with clear, transparent and
easily understandable information about how we use your information and your rights.
This is why we’re providing you with the information in this policy.
The right of access. You have the right to obtain access to your information (if we’re
processing it). This will enable you, for example, to check that we’re using your
information in accordance with data protection law. If you wish to access the information
we hold about you in this way, please get in touch (see Contact Details).
The right to rectification. You are entitled to have your information corrected if it is
inaccurate or incomplete. You can request that we rectify any errors in information that
we hold by contacting us (see Contact Details).
The right to erasure. This is also known as 'the right to be forgotten' and, in simple
terms, enables you to request the deletion or removal of certain of the information that
we hold about you by contacting us (see Contact Details). This right is not absolute and
only applies in certain circumstances.
The right to restrict processing. You have right to 'block' or 'suppress' further use of
your information in certain circumstances. When processing is restricted, we can still
store your information, but will not use it further.
The right to data portability. You have the right to obtain your personal information in
an accessible and transferrable format so that you can re-use it for your own purposes
across different service providers. This is not an absolute right however and there are
exceptions. To learn more please get in touch (see Contact Details).
The right to lodge a complaint. You have the right to lodge a complaint about the way
we handle or process your information with a competent data protection authority (see
Complaints).
The right to withdraw consent. If you have given your consent to anything we do with
your information (i.e. if we rely on consent as a legal basis for processing certain
information), you have the right to withdraw that consent at any time. You can do this by
contacting us (see Contact Details). Withdrawing consent will not, however, make
unlawful our use of your information before you withdraw consent.
The right to object to processing. You have the right to object to certain types of
processing, including processing for direct marketing and profiling. You can object by
changing your marketing preferences, disabling cookies as set out in the Cookies and
Marketing sections above or by getting in touch (see Contact Details). You also have
the right not to be subject to a decision based solely on automated processing, such as
in connection with our fraud checks. You can exercise this right by contesting the fraud
decision made against you (see Automated Decision Making), or by getting in touch
(see Contact Details).
Changes To Our Privacy Policy
We update this Privacy Policy from time to time, so remember to check back in, in
case anything has changed and, where appropriate, we may notify you of the
changes for example by email or push notification.
Complaints
If you’re not satisfied with our response to any complaint or believe our processing of
your information does not comply with data protection law you can make a complaint at
your local consumer affairs.