Terms of cooperation

1. Introduction

1.1 This Agreement ("Agreement") is entered into between Qasima, referred to as the "Platform," and the "Seller," collectively referred to as the "Parties." This Agreement governs the terms under which the Platform provides technological and digital services, in particular tools for creating and operating websites and online stores, sale of gift vouchers and other products, management of customer and loyalty programs, reservations, affiliate cooperation, management of customer data, and related features and integrations.

Specific available features, prices, and fees may vary depending on the selected product, plan, or individual agreement between the Parties.

2. Definitions

2.1 In this Agreement:

Platform: The Qasima technology platform operated by PLGRND LLC-FZ, registered in Dubai, United Arab Emirates, under company number 2308694.01, with its registered office at Business Center 1, M Floor, The Meydan Hotel, Nad Al Sheba, Dubai, United Arab Emirates, contact email get@qasima.one

Seller: A natural or legal person that, through the Platform, offers, sells, or provides its products or services, accepts reservations, operates websites, or uses other Platform features.

Customer: A person who, through the Platform or the Seller's interface, purchases Products, makes a reservation, uses the Seller's services, or otherwise interacts with the Seller's offering.

Products: Physical or digital products and services offered by the Seller through the Platform, in particular gift vouchers, rechargeable cards, loyalty products, goods, dining experiences, reservable services, and other offerings.

Services: All technological, software, and related services provided by the Platform, including online store, websites, reservation system, gift vouchers, loyalty programs, customer accounts, affiliate features, CRM tools, analytics, and integrations with third-party systems.

Unique Codes: Digital codes generated by the Platform for identification and validation of loyalty cards or vouchers.

Websites: Websites, online store, or other digital interface created, hosted, or managed through the Platform.

Reservation system: A Platform feature enabling presentation of available time slots, acceptance and management of reservations, and where available acceptance of deposits or payments for reserved services.

Affiliate program: A feature enabling tracking of traffic, referrals, orders, or other actions carried out through affiliate links, codes, or other identifiers, and possible evaluation of related commissions.

Payment Processor: A third party providing payment processing, in particular Stripe, Inc. or another provider supported by the Platform.

Integration: Technical connection of the Platform with third-party systems, for example point-of-sale, payment, reservation, analytics, or marketing systems.

Referral: Bringing a potential customer to the Seller through an affiliate link, code, or other Platform feature.

3. Appointment

3.1 The Seller appoints the Platform to provide technological tools and infrastructure for presentation and sale of Products, operation of websites, management of reservations, customer and loyalty programs, affiliate features, and other agreed services.

3.2 The Platform provides the Seller access to relevant features according to the selected plan, activated services, and technical capabilities of the Platform. Individual services may be subject to separate pricing terms, limitations, or supplementary rules.

3.3 The Platform is not responsible for temporary unavailability of technical resources due to factors beyond its control, such as internet outages, technical issues with the Payment Processor, or force majeure.

3.4 The Platform is a provider of technological tools and is not itself a provider of dining or other services offered by the Seller. The Platform does not act as a contracting party to the agreement between the Seller and its Customer.

4. Listing and Sale of Products

4.1 The Seller is responsible for providing accurate, up-to-date, and lawful information about each Product, including descriptions, terms, and conditions.

4.2 The Seller warrants that all Products offered and published content comply with applicable law and do not infringe third-party rights. The Seller bears full responsibility for any legal disputes arising from its conduct.

4.3 The Seller must publish and sell only content, products, or services that comply with local law and Payment Processor policies.

4.4 The Platform reserves the right to review and approve all Product listings before they become available to customers.

4.5 The Platform reserves the right to remove content it considers harmful, illegal, or otherwise inappropriate at any time.

4.6 The Platform is not liable for loss or theft of a Product. Compensation or issuance of a new Product is not possible.

4.7 A digital Product such as gift vouchers or loyalty cards cannot be exchanged for cash.

4.8 The Platform enables the Seller to create rechargeable cards and gift vouchers directly from the administration.

4.9 The Seller is responsible for the accuracy, currency, and legality of content published on its websites through the Platform, including texts, photos, prices, opening hours, terms and conditions, contact details, and other information.

4.10 The Seller is responsible for correct reservation settings, in particular availability of time slots, capacities, prices, reservation conditions, cancellation conditions, and any deposits or payments. The Platform is not responsible for actual provision of the reserved service, its quality, or availability at the Seller.

4.11 The Seller is responsible for accuracy of data about its offerings and for fulfilling orders or reservations obtained through affiliate links or other referral tools.

4.12 The Platform may continuously update, modify, and expand its Services.

5. Pricing and Payment

5.1 The Seller sets prices for its Products and services and is responsible for their correct display and compliance.

5.2 The Seller must register an account with the Payment Processor under its company name to receive payments as a Stripe Connect Account. The Payment Processor sends payouts to the Seller's bank account. Payment fees and other bank fees are the Seller's responsibility.

For providing Services, the Platform may charge in particular:

a) recurring or one-time fees for use of the Platform or individual features;
b) commissions on orders or other transactions;
c) fees for creating or topping up vouchers and cards;
d) fees for additional services, integrations, extensions, or custom modifications;
e) fees for data import or bespoke adjustments;
f) other fees agreed between the Parties.

5.3 Specific prices, commission amounts, billing method, and due dates are set out in the Platform's current price list, upon activation of the relevant service, or in an individual agreement between the Parties.

5.4 If a service includes a subscription, the Seller must pay agreed fees for the duration of the subscription. Billing, renewal, price change, and termination of the subscription are governed by the terms of the relevant plan.

5.5 Fees charged by the Platform are non-refundable.

5.6 If the Seller uses the Platform's internal credit, such credit may be used solely to pay fees for which it is intended. The Platform may deduct relevant amounts according to the current price list and service terms.

5.7 Internal credit is not intended for transfer between users or cash payout, is non-refundable, and does not expire.

5.8 Credit is not considered a prepaid service or financial instrument under payment services law. It is internal operating credit intended to pay fees within cooperation with the Platform.

6. Order Processing

6.1 The Platform immediately notifies the Seller of each received Order by email notification.

6.2 The Platform is responsible for prompt processing of digital Orders and delivery of the digital Product to the customer's (or recipient's) email as described.

6.3 The Seller is responsible for fulfilling the service as stated in the Order.

6.4 The Seller is responsible for arranging and coordinating delivery.

6.5 The Platform is not liable for delay or non-delivery of digital Products caused by incorrect data provided by the Customer.

7. Reservation Processing

7.1 The Platform enables the Seller to accept payments and deposits for reserved services through the reservation system. All payments and deposits are received for the benefit of the Seller and are directed to the Seller's account through the integrated payment processor. The Platform does not act as recipient of these funds.

7.2 The Seller is responsible for confirming reservations, capacity availability, changes, cancellations, and actual provision of reserved services.

7.3 The Seller is responsible for setting and publishing conditions for changing and cancelling reservations, including any fees for cancellation or customer no-show, where such fees are permitted by law.

7.4 The Seller must make these conditions clearly and understandably available to the Customer before completing a reservation and ensure they comply with applicable law.

8. Loyalty programs and rechargeable products

8.1 The Platform provides the Seller with technology to operate loyalty programs, including digital loyalty cards, point systems, rechargeable cards, prepaid services, cashback, discounts, rewards, and other forms of customer loyalty.

8.2 The Seller is fully responsible for setting up, content, operation, and termination of its loyalty programs, including rules, conditions for redeeming benefits, and fulfilling all obligations to Customers. The Platform acts in this respect as a provider of technological infrastructure.

8.3 The Seller is responsible for lawful processing of customer data obtained through loyalty programs and for using it in line with the purpose for which it was collected, the relevant legal basis, and any consents given. The Platform is not responsible for the Seller's use of data outside the scope of agreed services.

8.4 Operation of digital cards, for example through Apple Wallet, may require registration with the relevant provider. Registration and related costs are arranged and paid by the Seller unless otherwise agreed. The Platform is not responsible for availability or changes to third-party service terms.

8.5 All financial and non-financial balances, credits, points, rewards, and other Customer claims arising from loyalty programs or rechargeable products are managed at the Seller's responsibility. The Platform does not guarantee these claims or assume the Seller's obligations to Customers.

8.6 Customer claims arising from loyalty programs and rechargeable products are asserted by the Customer against the Seller, without affecting the Platform's rights and obligations under its own commitments or applicable law.

8.7 If the Platform enables the Seller to use customer data to analyze purchasing behavior, reservations, preferences, or use of loyalty programs, the Seller is responsible for ensuring subsequent use of such data, in particular for marketing, profiling, or offer personalization, complies with applicable law and the relevant legal basis.

9. Affiliate program

9.1 The Platform may provide tools for tracking referrals and related orders.

9.2 Accuracy and scope of tracking depend on technical capabilities, settings, and integrations. The Platform does not guarantee recording of every visit or conversion.

10. Customer Support and Refunds

10.1 The Seller is responsible for customer support regarding its Products and services, including orders, reservations, changes and cancellations, complaints, refunds, and fulfilling obligations to Customers.

10.2 The Seller is responsible for prompt handling of customer inquiries and ensuring a positive customer experience.

10.3 The Platform fee is non-refundable.

10.4 Refunds to Customers are governed by the Seller's terms, the relevant payment processor's terms, and applicable law. Platform fees are non-refundable.

10.5 The Platform does not assume responsibility for resolving disputes between the Seller and Customer but may provide technical support when passing on information.

11. Intellectual Property

11.1 The Seller retains all intellectual property rights in its Products.

11.2 The Platform is granted unlimited permission to display and promote the Seller's Products on its platform and social media.

11.3 The Platform reserves all rights to software tools and features it provides to the Seller.

11.4 The Seller grants the Platform a non-exclusive right to use, reproduce, display, and technically modify content it uploads to the Platform to the extent necessary to provide agreed Services.

11.5 The Seller is responsible for having the necessary rights to all content it publishes through the Platform, including texts, photos, logos, trademarks, and other materials.

11.6 Platform software, source code, design components, templates, features, and technical infrastructure remain intellectual property of the Platform or relevant license providers unless expressly agreed otherwise.

11.7 If the Seller uses its own domain, ownership remains with the Seller unless expressly agreed otherwise. Registration, management, transfer, and any domain fees are governed by the relevant registrar's terms and the specific agreement.

12. Termination

12.1 Either Party may terminate this Agreement by written notice via email with immediate effect.

12.2 The Platform reserves the right to suspend or terminate the Seller's account in case of repeated breach of Platform rules.

12.3 After termination of the Agreement, the Seller must settle all outstanding obligations to the Platform within 10 business days of termination.

12.4 The Platform may terminate the Agreement immediately if the Seller breaches key provisions, such as non-payment of commissions and fees, breach of Payment Processor terms, or sale of illegal Products.

12.5 Termination of this Agreement leads to termination of access to Services to the extent set by the terms of the relevant service. Termination of one specific service does not automatically mean termination of other Services if they can be used separately.

12.6 After termination of a Service, the Platform may deactivate relevant features, websites, online store, or reservation interface. The Seller is responsible for continuity of its services to Customers, including settling existing reservations, unfulfilled orders, and unredeemed Customer claims.

12.7 The Platform may suspend access to individual features where necessary for security, fraud prevention, protection of Customers, breach of this Agreement, or third-party requirements, to an extent proportionate to the situation.

13. Confidentiality

13.1 Both Parties agree to keep confidential all unpublished information obtained during this Agreement.

13.2 The Seller agrees not to disclose non-public information about Platform operations, algorithms, Customer data, or contractual terms between the parties.

13.3 The Platform is not liable for damage caused by unsafe or unauthorized handling of unique loyalty card or voucher codes, including export of such codes outside the Platform or sharing them with third parties.

13.4 Validation of vouchers and rechargeable cards may also be carried out through third parties such as point-of-sale, reservation, or other systems technically integrated with the Platform.

13.5 The Seller is responsible for ensuring all third-party systems it uses for validation use the Platform's official API or other approved integration interface.

13.6 Use of unapproved validation methods (e.g. manual entry of codes outside the system) is prohibited and may lead to suspension of the Seller's account.

13.7 The Platform is not liable for damage arising from unauthorized validation, faulty third-party integration, or improper handling of validation codes outside the Platform environment.

13.8 The Platform is not liable for technical errors, outages, delays, or malfunction of third-party systems the Seller uses to validate vouchers or cards, including point-of-sale and reservation systems. The Seller bears full responsibility for functionality of its integrations and operational processes.

13.9 The Platform may limit or terminate a specific integration if its operation is not technically feasible, poses a security risk, or conflicts with the provider's terms of service.

14. Personal data protection

14.1 In connection with providing its services, the Platform collects and processes Customers' personal data to the extent necessary for operation of the Platform and individual features used by the Seller. This includes in particular data related to Product purchases, reservations, customer accounts, websites, online store, loyalty programs, and other available services.

14.2 Processed personal data may include in particular:

a) identification and contact data, such as name, surname, email address, and phone number;
b) customer account data, its content, settings, and usage history;
c) data on orders, purchases, transactions, purchased Products, gift vouchers, and rechargeable cards;
d) reservation data, including reserved time slots, number of persons, reservation history, changes, and cancellations;
e) data on use of loyalty programs, including points, rewards, discounts, cashback, balances, and redeemed benefits;
f) data on Customer preferences and interactions with the Seller's offering where recorded through the Platform;
g) data related to affiliate links, referrals, visit source identification, and attribution of orders or reservations;
h) technical data related to use of the Platform and its features where necessary for operation, security, or evaluation;
i) other data the Customer provides through the Platform or that arises when using its features.

14.3 The Platform may process payment and transaction data, in particular information on amounts, times, status, and transaction history, where necessary to provide Services. Card payment data is processed by the relevant payment processor in accordance with its terms and security rules. The Platform does not process card payment data.

14.4 The Platform processes personal data to provide and manage its services, fulfill orders and reservations, operate customer accounts and loyalty programs, record transactions, provide technical support, security, fraud prevention, and comply with legal obligations.

14.5 The Platform may disclose personal data to third-party providers, in particular payment, hosting, analytics, communication, and other technical service providers, where necessary for operation of the Platform or provision of agreed services. Such disclosure occurs to the extent necessary for the relevant purpose and in accordance with applicable law.

14.6 The Platform and Seller act in roles corresponding to the actual nature of individual processing activities. Where the Platform processes personal data on behalf of the Seller, such processing is governed by applicable data processing terms. The Seller is responsible for lawfulness of processing for which it determines purposes and means of processing.

14.7 The Seller may use Customer data for its own marketing purposes, in particular sending commercial communications, personalizing offers, and communicating with Customers, only where an appropriate legal basis exists under applicable law. Where Customer consent is required, the Seller must obtain it before starting the relevant processing. The Seller is responsible for obtaining and recording consents, complying with the scope granted, and enabling withdrawal. The Platform does not use Customers' personal data for its own marketing purposes on behalf of the Seller.

14.8 The Seller is responsible for not using personal data obtained through the Platform for purposes other than those for which it was lawfully obtained, and for complying with obligations regarding personal data protection, commercial communications, and Customer rights.

14.9 The Platform implements appropriate technical and organizational measures to protect personal data against unauthorized access, loss, destruction, alteration, or unauthorized disclosure.