KOOUL Platform — Applicable to Clients, Vendors, and Delivery Persons
The company ORA TECHNOLOGIES, a simplified joint-stock company (société par actions simplifiée) with a share capital of (6 231 420,00 MAD), whose registered office is located at 265, Boulevard Zerktouni, Casablanca, Morocco, registered with the Casablanca Trade Register under number 570131 (hereinafter: "ORA Technologies"), has designed and operates a food and meal delivery platform (hereinafter: the "Platform" or "KOOUL").
KOOUL allows natural persons with full legal capacity, as well as legal entities (hereinafter: the "Client(s)"):
Clients, Vendors, and Delivery Persons will hereinafter be referred to individually as a "User" and collectively as the "Users".
Users expressly acknowledge that these General Terms fulfill the validity and enforceability conditions of a contract established, transmitted, and stored in electronic form. The probative force of this document in electronic form is expressly recognized — including in the event of a dispute relating to the validity, formation, interpretation, performance, termination, or nullity of these General Terms or any services provided by the Platform. Users also expressly agree to the use of electronic means for exchanging information related to Platform content and services.
These General Terms of Use (hereinafter: the "Terms") define:
These Terms do not govern the after-sales service of Products. The Platform expressly excludes any liability in this regard. The Vendor is solely responsible for the quality and compliance of the Products sold.
Clients purchase Products directly from Vendors through the Platform (hereinafter: the "Vendor Space"). KOOUL is thus a marketplace which:
KOOUL does not sell the Vendors' Products itself. It is not a party to the sales relationship between Vendors and Clients and cannot be held liable for its performance or non-performance. That responsibility lies exclusively with the Vendors. KOOUL simply provides the marketplace and collects payments on behalf of the Vendors.
KOOUL lists Vendors' Products but does not control their compliance, quality, or hygiene. KOOUL will never be considered a manufacturer or supplier of the Products offered and is not obligated to proactively detect non-compliant content. It will, however, implement procedures to receive and diligently handle any justified report or complaint from a Client or third party.
KOOUL does not guarantee any commercial result from the use of the Platform.
As the main payment agent operating under the authority and on behalf of M2T (a payment institution authorized by Bank Al Maghrib), KOOUL provides access to wallet payment accounts managed by M2T. KOOUL does not operate the wallets directly and remains subject to the instructions and guidelines of M2T.
KOOUL reserves the right to modify these Terms at any time. The applicable Terms are those in effect at the date of connection to the Platform that led to the Client's purchase of a Product. KOOUL commits to notifying Users of any modification to the Terms, and Users must accept the updated Terms before continuing to use the Platform.
Registration to the Platform is only open to Vendors who meet all of the following criteria:
The registration requires the mandatory entry of the following information:
Once registration is validated by KOOUL, Vendors must subscribe to a paid plan (Vendor Subscription) in order to sell their Products through the Platform. This subscription is governed by the Vendor's Special Terms and may include additional fees related to Platform use.
Vendors must also open an ORA Cash Powered by M2T payment wallet account at the time of registration.
Registration is free for Clients and is open to individuals who meet at least the following criteria:
The registration requires the mandatory entry of the following details:
These data are processed in accordance with Article 8 of these Terms.
Registration to the Platform by Delivery Persons is only open to individuals who meet the following conditions:
The registration requires the mandatory entry of the following data:
KOOUL confirms registration by sending a confirmation email or an OTP (One-Time Password) code by SMS.
The Delivery Person agrees to provide accurate and reliable information and to update it as necessary. Each Delivery Person may only hold one account per national ID/residence permit or phone number. They must notify the Platform immediately in the event of unauthorized account use.
The use of the Platform by any User is subject to full acceptance of these Terms upon registration by ticking the following box:
I have read and accept the General Terms of Use of the Platform without reservation.
KOOUL confirms access to the Platform by sending a confirmation email or, alternatively, an OTP code by SMS.
Users agree to provide truthful and up-to-date information and to update it as necessary to facilitate the sales and delivery process. Only one account per email address or phone number is permitted.
Users are responsible for maintaining the confidentiality of their login credentials and must notify KOOUL immediately of any unauthorized use of their account.
To access the Platform, duly registered Users log in via the KOOUL website or mobile application using their credentials. Each User then accesses their personal dashboard, including:
Access to Vendor Services (see Article 3.2) requires an active Vendor Subscription, as per the Special Terms signed with KOOUL.
Access to Delivery Services (see Article 3.3) is entirely free. KOOUL will never charge Delivery Persons a commission on deliveries completed for Clients.
The Delivery Person is responsible for all actions taken through their account. Account selling, transferring, or sharing is strictly prohibited. Login credentials must remain confidential, and any unauthorized access must be reported immediately.
By using the Platform, the Delivery Person agrees to comply with these Terms, all Platform policies, and the standards of conduct defined by KOOUL. Any abuse, fraud, or breach of these Terms may result in account suspension or termination.
Users may request account deactivation by emailing [email protected] with the subject line: "Delete my account".
If a User does not log in or use the Platform for a period of two (2) consecutive years, their account will be automatically deactivated and deleted, in accordance with the Privacy Policy (Article 8).
The Platform provides a smooth and intuitive user experience. The map feature allows Clients to view the location of available Vendors and select those closest to them. Clients can browse through the different categories of Products available on www.kooul.ma.
The Platform features a variety of restaurants and food delivery services. Clients can browse menus, read reviews, and place orders for delivery or pickup.
Sales Offers become visible once the Vendor is active on the Platform. They are accessible via a dedicated Vendor page ("Vendor Space") administered by the Vendor.
KOOUL showcases the Vendor's Products, which can be selected and ordered by Clients. The Vendor is solely responsible for the content and accuracy of their Sales Offers. KOOUL does not sell Products directly.
Each Sales Offer includes a description created by the Vendor, who is solely responsible for its accuracy, regulatory compliance, and completeness. Sales Offers are considered valid as long as they appear in the Vendor Space.
If any Product becomes unavailable, the Vendor must inform the Client as soon as possible and must not charge the Client for unavailable items.
Vendors expressly acknowledge that the Vendor Space does not constitute a separate clientele or commercial asset. KOOUL shall not be held liable for any compensation in case of account closure or Vendor Space deactivation in accordance with these Terms.
Once logged in, the Delivery Person must accept orders in accordance with the KOOUL team's instructions and prevailing delivery flow conditions. Flexibility is maintained where operationally appropriate.
The Delivery Person acknowledges that accepting a delivery task creates a direct business relationship between the Client and the Delivery Person.
The Delivery Person commits to providing a high-quality delivery service that meets the Client's expectations, including respecting delivery times and ensuring the safety and integrity of transported goods.
As an independent service provider, the Delivery Person is solely responsible for their service outcomes, including:
For food transportation, the Delivery Person agrees to use appropriate containers and comply with applicable hygiene regulations. The Delivery Person agrees not to engage in any illegal activity or conduct that could damage the reputation of the Platform.
Delivery fees are determined as follows:
KOOUL reserves the right to apply dynamic delivery pricing at its sole discretion.
If payment is made in cash, the Delivery Person must transfer the collected amount to the KOOUL wallet. If payment is made online, KOOUL will transfer the delivery fee to the Delivery Person's wallet.
Vendors and Delivery Persons must create an ORA Cash Powered by M2T wallet payment account when opening a KOOUL account.
The wallet is managed by M2T, with KOOUL acting as the main payment agent on behalf of M2T (a payment institution licensed by Bank Al Maghrib). KOOUL follows M2T's instructions and policies.
Opening, managing, using, and closing wallet accounts is governed by the ORA Cash Powered by M2T terms and any applicable agreements proposed by M2T.
The Client purchases Products directly from the Vendor through the Vendor Space on the Platform. When placing an order, the Client must provide a valid delivery address. A mobile phone number is mandatory for profile creation.
Delivery of Products is performed by:
If delivery is made by the Vendor's own delivery personnel, the delivery is handled according to the terms and timeframe specified by the Vendor. In such cases, the present Terms do not apply to that delivery, and:
If delivery is performed by a Delivery Person registered on the Platform, these General Terms apply in full.
KOOUL provides Delivery Persons with a messaging interface to communicate with Clients after accepting an order. Once an order is accepted, the Delivery Person can view the Client's contact details relevant to the order. This information must be used solely for the purpose of fulfilling the delivery. Any misuse of a Client's personal information will result in immediate removal from the Platform.
At the time of delivery, Clients are encouraged to check the contents and conformity of their order.
KOOUL provides a rating and review system to increase trust between buyers and sellers on the Platform. Users agree to provide honest and fair evaluations in accordance with applicable laws and best practices.
The sale price of each Product is set by the respective Vendor, who is responsible for keeping it up to date. The invoiced price is the price displayed in Moroccan Dirhams (MAD), inclusive of all applicable taxes, as shown in the Sales Offer at the time of the order.
Any applicable delivery and transport costs are added to the Product price and displayed in the order summary before the Client confirms the order.
KOOUL shall not be held liable for incorrect prices provided by Vendors or Delivery Persons. Vendors are solely responsible for declaring and paying the corresponding taxes (including VAT) to the relevant authorities.
The Client pays for the order either in cash upon delivery or online via a secure payment platform. To complete an order, the Client selects one of the payment methods offered by KOOUL on the payment page.
In case of payment by bank card, the terms related to the fraudulent use of the payment method — as defined in the agreements between the Client, the card issuer, and KOOUL's banking partner — shall apply.
These Terms govern the registration, access, and use of the Platform by Users. They do not govern the sale of Products, which is exclusively managed between the Vendor and the Client.
KOOUL does not create or validate Sales Offers, does not intervene in the conclusion of sales, and is not a party to contracts formed between Vendors and Clients. KOOUL therefore cannot be held responsible for the consequences of such offers or contracts.
If KOOUL receives a complaint from a client, it will forward it to the relevant Vendor, who is solely responsible for handling it. KOOUL may offer reasonable support to facilitate an amicable resolution.
KOOUL shall not be liable for input errors made by the Client (e.g., incorrect delivery address), nor for any resulting delays or errors — particularly when delivery is carried out by the Vendor's own staff.
KOOUL strives to provide uninterrupted access to the Platform. However, access may be temporarily suspended due to maintenance, upgrades, or electronic communications issues, for which KOOUL shall not be held liable.
While accessing, browsing, or using the Platform, Users must not perform any illegal action or action that could harm public order, KOOUL, or third parties. Vendors specifically commit to complying with food safety and hygiene regulations at all times.
Users agree, without limitation, to:
In the event of a violation of these obligations, KOOUL may suspend or terminate the User's account, delete content, and take appropriate remedial action without compensation.
Unless a proven fault is committed by KOOUL, it shall not be held liable for any direct or indirect damage, including losses related to system intrusion, malware, equipment failures, or downloading of content via the Platform.
Users agree to indemnify and hold harmless KOOUL, its officers, employees, and agents from any claims, damages, losses, or legal costs arising from a violation of these Terms or negligent or wrongful conduct on the part of the User.
The Platform and all of its elements — including logos, trademarks, images, text, videos, animations, software, databases, and sounds — are protected by applicable intellectual property laws, including:
KOOUL either owns or holds licenses for all intellectual property rights related to the Platform and its content. Any total or partial reproduction, modification, or use of the Platform or its elements — by any means or on any medium — without prior written authorization from KOOUL is strictly prohibited and may constitute counterfeiting, exposing the offender to civil and/or criminal liability.
KOOUL also reserves the right to immediately remove any content that violates applicable laws or these Terms, without prior notice.
The Vendor grants KOOUL a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use all content published in the Vendor Space or Sales Offers (e.g., photographs, text, logos, videos, documents) and all associated intellectual property rights.
This license allows KOOUL to use, reproduce, modify, adapt, publish, translate, and distribute the content — including derivative works — on any medium or technology, present or future, for commercial or non-commercial purposes.
KOOUL guarantees the confidentiality of Users' data and communications within the Platform. Personal data is handled in accordance with KOOUL's Privacy Policy, as detailed in Article 8.
ORA Technologies (KOOUL) collects and processes personal data to connect Clients, Partner Vendors, and Delivery Persons on the Platform. This data processing has been declared to the CNDP (Commission Nationale de contrôle de la protection des Données à caractère Personnel).
In accordance with Moroccan Law 09-08 of February 18, 2009 on the protection of personal data, Users have the right to access, rectify, and object to the processing of their personal information.
To exercise these rights, Users may contact KOOUL Customer Support via the in-app chat on the website or application, or by email at [email protected]. For full details on how we collect, use, and protect personal data, please refer to our Privacy Policy available at www.kooul.ma.
These Terms of Use take effect for an indefinite duration from the date the User accepts them during registration (as described in Article 2). Either the User or KOOUL may terminate them with thirty (30) calendar days' written notice.
Termination of the Terms by the User shall result in the loss of access to the Platform.
Notwithstanding the above, if one of the parties breaches any of its obligations under the Terms and fails to remedy it within fifteen (15) days after receipt of a formal notice sent by registered mail with acknowledgment of receipt, the other party may terminate the Terms by right, without prejudice to any damages that may be claimed.
All User questions regarding the operation of the Platform can be addressed to KOOUL via the in-app chat feature or by email at [email protected].
For any issue or complaint related to a Product ordered through the Platform, the Client must contact KOOUL Customer Support (via chat or email). KOOUL may provide reasonable assistance to help resolve the dispute amicably.
For any issue or complaint related to a delivery made via the Platform, the Client must contact KOOUL Customer Support. KOOUL may provide reasonable assistance to help resolve the dispute amicably.
For any issue related to the delivery of a Product sold by a Vendor, the Delivery Person or the Vendor should contact KOOUL directly.
If any clause of these Terms is declared null or unenforceable by a competent court, the remaining clauses shall remain in full force and effect.
These Terms are governed exclusively by Moroccan law.
In the absence of an amicable resolution, any dispute between KOOUL and a User shall be submitted to the competent courts of Casablanca, Morocco.
— End of General Terms of Use —
© ORA Technologies — KOOUL Platform
