Agreement Confirmation
• To become a member of the Habiibii website, you are required to fill out the registration form and agree to abide by the terms and conditions of the Habiibii user agreement. By completing the registration form or using any services or placing an order through this system, you agree to be bound by the terms and conditions of Habiibii.
• You are responsible for ensuring that you have the necessary arrangements in place to access the website. You are also responsible for ensuring that all individuals who access the website via your internet connection are aware of and comply with these terms. By viewing, using, accessing, browsing, or submitting any content or materials on the site, you agree to these Terms of Use as a binding legal agreement between you and Habiibii, without limitation or qualification. The term "you" or "Your" refers to any individual or entity that views, uses, accesses, browses, or submits any content or material to the site.
• If you do not agree with these Terms of Use, you may not use the site. Habiibii reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the sites will be subject to the then-current Terms of Use, and continued use of the site after modifications to these Terms confirms that you have read, accepted, and agreed to be bound by such modifications.
These terms and conditions apply to the Habiibii website and its associated applications on iPhone, iPad, Android, and mobile site platforms.
Service Description
Habiibii allows its members who ratify the agreement to place orders from shops online. Habiibii provides a means for you to communicate your orders to delivery shops displayed on this website. The goal of this site is to provide a simple and convenient service to consumers, linking them to local shops that offer takeaway food. Interactive menus allow customers to build and submit orders with a click of a button.
Habiibii has been created as an online food market. Habiibii is a commercial service for online food delivery. Habiibii does not sell or interfere with the production of any food sold by the shops. What this online market offers to users is the ability to search for and find local shops that deliver food or make food available to their addresses and allows them to place orders through this website. Shops are required to comply with local laws, rules, regulations, and standards related to food preparation, sale, marketing, and safety.
However, it is important for users to understand that Habiibii does not independently verify the credentials, representations, products, ingredients, or quality of any food sold by shops, nor does it verify that a shop complies with applicable laws. Buyers must ensure, through information provided by shops on the website or as requested from the shops, the reliability of the shops and compliance with applicable laws.
Habiibii does not guarantee the quality of any food or its compliance with laws, nor does it guarantee that the menu displayed on the site accurately represents the food actually delivered.
How to Place an Order and Process It
Once you have selected your order from the menu of your chosen delivery shop, you will have the opportunity to submit your order by clicking the "Checkout" button. Please ensure that you check the information entered and correct any errors before clicking the "Checkout" button, as once you click, errors cannot be corrected. Upon receipt of your order, Habiibii will begin processing it, and a message will appear on the final page indicating that your order has been successfully received and sent to the shop. If your payment is not authorized, you will be returned to the previous page on the website, and we are not obligated to provide services.
Order Cancellation
You have the right to cancel an order within 5 minutes of placing it on our website. While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information. An order may be cancelled by a shop after you have received confirmation that it has been sent to the shop. Habiibii and our partner shops reserve the right to cancel any order, before or after acceptance, and will notify you immediately of any such cancellation.
Membership System for Habiibii
Each member of Habiibii has a unique "username" and "password" determined by the member. The username is personal to the member and is not shared with any other member. The password is known only to the user. The user may change the password at any time. It is the responsibility of the user to select and protect the password. Habiibii is not liable for any issues that arise from the use of the password. Habiibii may inform the user about promotions available in their area via email. Habiibii does not share user information with third-party companies, except for the phone number, which may be shared with the shop to facilitate faster and correct delivery. To access the services that require Habiibii membership, the user must log in with their username and password.
By using this site, you warrant that any personal information provided by you is true, accurate, current, and complete in all respects and that you will notify us immediately of any changes by updating your member profile on the site or by contacting us. You agree not to impersonate any other person or entity or use a false name or a name you are not authorized to use. You may not register multiple memberships for use by the same person. Violation of this may result in termination of your membership. Passwords should be kept confidential and must not be shared. You are responsible for all activities and orders made under your membership. If you suspect someone else knows your password, you should contact us immediately. You are prohibited from using the site for unlawful purposes, including but not limited to:
• Distributing unlawful, libelous, abusive, threatening, harmful, obscene, or otherwise objectionable material
• Transmitting material that constitutes a criminal offense or otherwise breaches any laws, regulations, or codes of practice
• Interfering with another person's use of the site
• Damaging, disabling, or impairing the operation of the site or attempting to gain unauthorized access
We expect each device to hold only one customer account. We may allow service in special cases but will not permit the use of promotions in such cases.
Member Responsibilities
By using the services of Habiibii, the member agrees to the following:
• The information provided in the registration form is accurate; the member is responsible for any losses arising from any misinformation or inadequate information (e.g., forgetting the password).
• The member is solely responsible for any opinions, statements, or materials they upload or share on Habiibii, and Habiibii shall not be liable for these materials.
• The member must not access any services in an unauthorized way, alter software, or engage in activities that violate Habiibii’s terms.
Visitor Material and Conduct
Other than personally identifiable information, which is covered under Habiibii's Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. Habiibii will have no obligations with respect to such material. Habiibii and anyone we designate will be free to copy, disclose, distribute, incorporate, and otherwise use that material and all data, images, sounds, text, and other things embodied in it for any and all commercial or non-commercial purposes.
You are prohibited from posting, uploading, or transmitting to or from this website any material that:
• Breaches any applicable local, national, or international law;
• Is unlawful or fraudulent;
• Amounts to unauthorized advertising;
• Contains viruses or any other harmful programs.
You may not misuse the website (including by hacking). Any comments or feedback that you submit through the website must not:
• Contain any defamatory, obscene, or offensive material;
• Promote violence or discrimination;
• Infringe the intellectual property rights of another person;
• Breach any legal duty owed to a third party (such as a duty of confidence);
• Promote illegal activity or invade another’s privacy;
• Give the impression that they originate from us;
• Be used to impersonate another person or to misrepresent your affiliation with another person.
The prohibited acts listed above are non-exhaustive. You will be liable for all costs and damages incurred by Habiibii due to your breach of these restrictions. Habiibii will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting material in breach of the above paragraph.
Prohibited Activities
You may not access or use the website for any other purpose other than that for which Habiibii makes it available. The website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Habiibii. In case of any prohibited activities committed by the user, the company has the right to suspend, block, or terminate the user's membership and prevent their access to the service. Prohibited activities include but are not limited to:
• Criminal or tortious activity, including fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
• Advertising to, or solicitation of, any user to buy or sell products or services, unless authorized by Habiibii;
• Systematic retrieval of data or other content from the website to create or compile a collection, database, or directory without written permission from Habiibii;
• Making any unauthorized use of Habiibii services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;
• Engaging in unauthorized framing of or linking to the website;
• Using any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• Engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
• Interfering with, disrupting, or creating an undue burden on the website or the networks or services connected to the website;
• Attempting to impersonate another user or person;
• Using the username of another user;
• Using any information obtained from the website in order to harass, abuse, or harm another person;
• Using Habiibii’s service as part of any effort to compete with Habiibii;
• Deciphering, decompiling, disassembling, or reverse-engineering any software comprising or in any way making up a part of the website;
• Attempting to bypass any measures designed to prevent or restrict access to the website;
• Harassing, annoying, intimidating, or threatening Habiibii employees or agents.
Authority of Habiibii
Habiibii may temporarily suspend or completely cease the system operation at any time. Habiibii shall not have any responsibilities to the members or any third parties due to the temporary suspension or complete cessation of the system operation.
Habiibii does not warrant that its services shall be provided on time in a secure and complete way. The results obtained from the services may not be correct and reliable, and service quality may not meet expectations.
Habiibii may back-up and delete files, messages, and other data provided by members. Habiibii shall not be held responsible for such back-up or deletion processes.
Habiibii owns the copyrights to all content, documents, software, designs, and graphics created by Habiibii or obtained from outside sources.
The sales of Habiibii are limited to the current availability of products and services listed. Habiibii is not responsible for any item ordered and not delivered due to unavailability.
Habiibii may change services, add new services, or transform existing ones into paid services. This site may be unavailable at certain times to allow for maintenance and upgrades.
Product Delivery
If a user is not available at the address specified in the system during product delivery, the products ordered will not be delivered elsewhere. In such cases, the user accepts full legal responsibility for ordering to an address where they are not present.
Product Return
For non-food orders, any cancellation, return, or refund of items will be handled in accordance with applicable consumer protection laws.
Payment Methods
1. Customers can choose from different payment methods on the platform, including cash on delivery, local debit cards, Apple Pay (currently in the UAE), Visa Checkout, and credit cards.
2. Habiibii reserves the right to modify payment methods at any time.
3. Customers must ensure sufficient funds or credit coverage for payment processing.
4. Payment data will be securely stored by third-party payment providers with customer consent.
Refund Policy
Habiibii takes user satisfaction seriously. If there is an issue with your order, please contact Habiibii through our live chat or hotline, and we will assist you. In appropriate cases, Habiibii will issue full or partial refunds for undelivered or incorrect orders.
For non-food orders, returns and refunds will be handled per applicable consumer protection laws.
Price and Payment
Once your order is accepted, it represents an agreement between you and the shop. Cash payments are made directly to the shop, and online payments are processed by Habiibii as the agent of the shop. Delivery charges are calculated based on the individual shop’s policy.
Debit / Credit Cards:
Please carefully read the following terms of use and disclaimers before using Debit / Credit Cards, whenever it is available:
• The user is responsible for paying any extra charges the shop might impose due to a "Special Request" or "General Request" made by the user, payable in cash upon delivery.
• You may cancel the order if the delivery time exceeds the shop’s promised delivery time; the amount you paid will be refunded to your account.
• The order cancellation is limited to a maximum of 5 minutes from the time the order is placed.
• The refund process may take 2-7 working days to be initiated by Habiibii. However, the processing time on the Debit / Credit Cards payment gateway largely depends on the bank's operations. If there is any delay in crediting the amount to your account, you are responsible for following up with your bank. We will send an email with a copy of the refund advice from the payment gateway as a reference for you to share with your bank if needed.
• Users utilizing the Debit / Credit Cards service should ensure that they are reachable via their contact numbers.
• If a missing item causes inconvenience, the shop will reimburse the user for the missing item, in accordance with the shop’s reimbursement policy.
• Debit / Credit cards used to place orders via the online payment gateway on the Habiibii platform must belong to the user. If not, the user must obtain legal permission from the cardholder to perform the transaction.
• The user is fully responsible for placing an order using the Debit / Credit Cards facility after thoroughly reading all the terms and conditions.
Validity of Habiibii Records:
In any disputes arising in connection with these terms, the user agrees and acknowledges that any records, whether in the form of bookkeeping entries, microfilm, or computer records, constitute valid, binding, absolute, and exclusive evidence. This provision serves as an evidential contract, and the user waives any objections to these records and the right to request an oath regarding their proper form.
Governing Law & Competent Jurisdiction:
These terms and conditions shall be governed by and construed in accordance with the laws of the applicable jurisdiction. Any disputes arising from these terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the competent courts.
Enforcement:
If any part of these terms is deemed unlawful, void, or unenforceable, that provision shall be severed, and it shall not affect the validity or enforceability of the remaining provisions. Any waiver by us shall not be construed as a waiver of any preceding or succeeding breach of any provision.
License:
Habiibii grants you permission (which may be revoked at any time for any reason or no reason) to view the site and download, email, share via social networking, or print individual pages solely for your personal, non-commercial use, provided you do not remove any trademark, copyright, or other notices. No other use is permitted.
You may not, for example, incorporate the information, content, or materials from the site into any database or compilation. You may not modify, copy, distribute, re-publish, transmit, display, reproduce, reuse, resell, license, create derivative works from, transfer, or sell any information or content from the site, except as specifically authorized. You may not link or frame any pages of the site or its content without prior written consent from Habiibii.
Intellectual Property Rights:
All content on the website ("Habiibii Content"), including trademarks, service marks, logos, and other materials, is owned by or licensed to Habiibii and is protected under the laws of the relevant jurisdiction. This includes, but is not limited to, source code, databases, software, design, text, images, and graphics. All trademarks and trade dress are the registered trademarks or common law trademarks of Habiibii. Unauthorized use of these trademarks is prohibited without prior written consent.
Habiibii’s content on the website is provided "AS IS" for personal use only and may not be used, copied, reproduced, or otherwise exploited for any other purpose without written consent from the respective owners.
Contribution License:
By posting contributions to any part of the website, you automatically grant Habiibii an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, display, distribute, and create derivative works from such contributions.
Links to and from Other Websites:
Habiibii may provide links to other websites. However, Habiibii is not responsible for the content or availability of any third-party websites. Any use of third-party websites is at your own risk, and Habiibii does not endorse any third-party products or services.
Habiibii Pro:
The terms and conditions for the Habiibii Pro service ("Habiibii Pro Service"), operated by Habiibii, apply to all users who sign up for the service via the Habiibii app on mobile platforms (iPhone, iPad, Android) ("Habiibii Application").
By signing up for Habiibii Pro, you agree to these terms and any other relevant policies. The Habiibii Pro Service is a membership-based program offering benefits such as free delivery, discounts, and other privileges at partnered merchants. The service is available only on the Habiibii mobile app, and not on the website.
1. HABIIBII PRO SERVICE MEMBERSHIP
Membership Fee & Renewal
1.1. To become a Member, the Customer shall subscribe to the Habiibii Pro Service and pay the membership fee as shown on the Habiibii Application (the "Membership Fee"). The Membership Fee will vary by country.
1.2. The membership for the Habiibii Pro Service will automatically renew every 30 (thirty) days unless canceled by the Member.
1.3. Habiibii will charge the Membership Fee using the payment method chosen at the time of subscription. If the payment fails, or the payment method originally selected is declined or inactive, Habiibii reserves the right to charge another payment method saved to your account on the Platform. By subscribing, you confirm that you have the legal authority to use any payment method saved in your account on the Habiibii Platform. Your new membership period will be based on the original renewal date, not the date the charge is successful.
1.4. We reserve the right to accept or decline membership at our discretion.
1.5. We may send you emails and other communications related to the Habiibii Pro Service and your membership (regardless of any account settings or preferences).
Family Plans
1.6. The Habiibii Pro Family Plan allows the primary account holder ("Family Plan Owner") to share Habiibii Pro Benefits with additional members ("Family Members"). The number of Family Members that can be added per family account will be shown in the Habiibii application.
1.7. The pricing for the Family Plan will differ from individual Habiibii Pro memberships and will be clearly communicated on the Habiibii Application.
1.8. Users with an active individual Habiibii Pro membership cannot upgrade to a Family Plan during their current billing cycle. To switch to a Family Plan, the user must first cancel their individual membership and wait until the current subscription expires before subscribing to a Family Plan.
1.9. Only the Family Plan Owner can invite and remove Family Members through the Habiibii application. Habiibii reserves the right to limit the number of times Family Members can be added or removed from a Family Plan. If a Family Member is removed, they will immediately lose access to Habiibii Pro benefits.
1.10. The Family Plan Owner can add Family Members who have an active individual Habiibii Pro membership.
1.11. Family Members cannot be part of multiple Habiibii Pro Family Plans simultaneously within the same country.
1.12. The Family Plan will be registered in the country where the Family Plan Owner subscribes, and all Habiibii Pro benefits will be restricted to use within that country for both the Family Plan Owner and all Family Members.
1.13. The Family Plan Owner will be charged the Family Plan Membership Fee, and all renewals, cancellations, and payment failures will affect the entire Family Plan.
1.14. Benefits cannot be shared outside of Family Plan Members, and each Family Member must place their own orders using their account.
1.15. Habiibii reserves the right to modify, discontinue, or limit the Family Plan at any time.
1.16. Habiibii reserves the right to verify user accounts and restrict access if fraudulent activity, misuse, or unauthorized benefit sharing is detected.
1.17. By joining a Family Plan, Family Members acknowledge and consent to their Habiibii information, including name, email ID, and order history, being shared with the Family Plan Owner and other Family Plan members.
Membership Cancellation
1.18. You may cancel your Habiibii Pro Service membership at any time by visiting your account and adjusting your membership settings. The membership cancellation must be done at least 24 (twenty-four) hours prior to the auto-renewal date to avoid being charged for the next month.
1.19. After cancellation, the membership will not renew, but you will still have access to your benefits until the subscription expiry date of the paid month.
1.20. If the Family Plan Owner cancels their membership, the Family Plan and all linked benefits for Family Members will terminate on the subscription expiry date.
Promotional Trials & Offers
1.21. We may offer certain customers trial or promotional memberships, which are subject to these Terms unless otherwise stated in the promotional offers. Trial members may choose to discontinue paid membership at any time (through your account) by canceling the membership.
Benefits
1.22. As a member of the Habiibii Pro Service, you will be entitled to select benefits and privileges as determined by Habiibii and communicated on the application. The benefits and privileges (collectively referred to as the "Benefits") available on the Habiibii Application may include:
• Free delivery from Partnered Merchants: Members of the Habiibii Pro Service will receive free delivery on all Eligible Orders from selected Partnered Merchants' restaurants. Free delivery under the Habiibii Pro Service subscription will include delivery fees as part of the subscription, based on the order value mentioned. The minimum order value will be communicated to you when subscribing to Habiibii Pro Service and when placing an order. Habiibii reserves the right to change Partnered Merchants or their restaurants at any time. Habiibii also reserves the right to change the minimum order value required for the Habiibii Pro Service subscription.
• Rewards privileges: Members will receive extra reward points on their Eligible Orders. An "Eligible Order" is any order placed with a restaurant of, and selected by, a Partnered Merchant and meets the required minimum order value.
• Other benefits related to Partnered Merchants.
• Exclusive discounts.
The above list of Benefits is not exhaustive and is determined by Habiibii at its discretion. Habiibii reserves the right to amend, remove, or add to the Benefits at any time. Changes will be communicated and reflected on the Habiibii Application. You are advised to check the Benefits being offered by the Partnered Merchant's restaurant when placing your order.
1.23. The Benefits available under Habiibii Pro Service will be automatically applied at checkout and can be redeemed only at Partnered Merchants, with the list of such merchants and/or their restaurants updated periodically. Benefits cannot be exchanged for cash.
1.24. The Benefits can be combined with other ongoing promotions or offers, unless specified in the customer FAQs or explicitly disallowed.
1.25. You may not transfer or assign your Habiibii Pro Service membership or any Benefits, including promotional codes, except as allowed in these Terms.
1.26. We offer various membership options in partnership with other companies/banks, each with its own terms and conditions. It is your responsibility to carefully read and understand the specific terms associated with your chosen membership before subscribing. Different membership plans have varying features, benefits, and pricing. It is advisable to review the terms and conditions at the time of subscription and under the 'Habiibii Pro' section in your account on our mobile application. Cancellation, refund, and renewal policies may vary depending on the type of membership you have.
2. TERMINATION BY US
We may terminate your Habiibii Pro Service membership at our discretion without notice.
We may immediately terminate your Habiibii Pro Service membership if we determine, at our discretion, that you violate these Terms or any applicable law, involving fraud or misuse of the Habiibii Pro Service membership or harming our interests, a merchant's interests, or another user.
3. INDEMNITY AND LIMITATION OF LIABILITY
3.1. You agree to defend, indemnify, and hold harmless Habiibii and its affiliates, officers, directors, employees, agents, and representatives from any and all claims, losses, liabilities, expenses, damages, and costs (including reasonable legal fees) arising directly or indirectly from your breach of any of these Terms or any activity conducted in connection with the application. Habiibii reserves the right, but not the obligation, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such cases, you agree to cooperate fully with Habiibii in the defense of such matters.
3.2. Habiibii does not warrant or make any representations regarding the use or the results of the use of the Habiibii Pro Service or linked sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Habiibii will not be responsible for errors, misstatements, or any loss or damage (including direct, indirect, consequential, special losses, or loss of profits). You release Habiibii from all claims arising from any statement or representation made on the Habiibii Pro Service. Your sole and exclusive remedy for any dispute with Habiibii or its affiliates is to discontinue your use of the Habiibii Pro Service.
3.3. To the fullest extent permissible by applicable law, Habiibii excludes all responsibility and liability in relation to the Benefits, disclaiming all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Habiibii does not guarantee uninterrupted or error-free service or the absence of viruses or other harmful components.
3.4. To the maximum extent permitted by law, you will indemnify Habiibii, its officers, and employees against all costs, expenses, and damages incurred in connection with any third-party claim arising from your breach of any of the Terms. This indemnity applies to all affiliates of Habiibii, including any parent, sister, or subsidiary companies.
4. DATA PROTECTION
4.1. Habiibii is committed to protecting your personal data and will process it in accordance with applicable data protection regulations. To deliver certain services, we may need to record your personal details, including name, national ID, date of birth, email address, address, bank account details, and payment-related information.
4.2. The Family Plan owner and members must not misuse each other's shared data.
4.3. Habiibii is not responsible for how Family Plan members use shared information. Family Plan Members should ensure they trust others before joining the Family Plan.
4.4. For more details, please refer to our Privacy Policy.
5. GENERAL TERMS
5.1. These Terms will begin on the date of membership purchase and remain valid until your membership plan expires.
5.2. All intellectual property rights in the contents of the Habiibii Pro Service are owned by Habiibii, its affiliates, or licensors and are protected by copyright, trademark, and other applicable laws.
5.3. We reserve the right to offer various promotions and benefits, such as discounts, special events, pre-access to products, and giveaways. Any such offers will be subject to terms and conditions communicated to you.
5.4. You agree to maintain accurate and up-to-date information with Habiibii, and notify us of any material changes to your information or circumstances that could affect your eligibility to use the Habiibii Pro Services.
5.5. You agree to keep your password secure and accept responsibility for all activities that occur under your account. Notify us immediately if your password is lost or if there is unauthorized access to your account.
5.6. You agree to cooperate with Habiibii to the fullest extent permitted by law, including providing information to assist in investigations.
5.7. Failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce that provision later.
5.8. Habiibii reserves the right to change these Terms at any time without notice. Your continued use of the Habiibii Pro Services constitutes acceptance of the modified Terms.
5.9. Headings in these Terms are for convenience only and do not affect interpretation.
5.10. If any term is found invalid or unenforceable, it will not affect the remaining terms.
5.11. Our failure to exercise rights under these Terms does not waive those rights.
5.12. All notices and communications shall be in writing to the Habiibii email address on the Habiibii Application.
5.13. These Terms are governed by the laws and regulations applicable in your jurisdiction, with exclusive jurisdiction in the local courts.
Limitation of Liability
To the extent permitted by law, Habiibii.com provides this site and content on an "as-is" and "as available" basis, and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this site, or that it will be timely or error-free, that defects will be corrected, or that the site or server making it available is free from viruses or other harmful components. Subject to the previous paragraph, neither Habiibii.com nor its directors, officers, agents, employees, or contractors shall have any liability for any direct, indirect, special, or consequential losses or damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort, or otherwise from the use or inability to use this site. Nothing in these terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.
Indemnity
You agree to indemnify and hold Habiibii, its parent companies, subsidiaries, affiliates, agents, officers, directors, and other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of the site, your submissions, any alleged infringement of intellectual property or other rights of any person or entity relating to the site, your violation of these Terms of Use, and any other acts or omissions related to the site.
Disclaimer
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITE (WHETHER PROVIDED BY HABIIBII.COM, YOU, OTHER USERS, OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HABIIBII.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.