1. These Terms of Use (the " Terms of Use") govern your use of our website www.eateasy.ae (the " Website") and our "EatEasy" application for mobile and handheld devices (the " App"). The Website and the App are jointly referred to as the " Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with EatEasy and you signify your acceptance to the Terms of Use and other EatEasy policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
2. The terms "EatEasy", "we", "us" or "our" shall mean EatEasily Online DMCC.
3. EatEasy enables transactions between participant restaurants/supermarkets/pharmacy/flower shops(merchants) and buyers, dealing in prepared food and beverages/grocery items/pharmacy items/flowers/gift items (" Platform Services"). The buyers (" Buyer/s") can choose and place orders (" Orders") from a variety of products listed and offered for sale by various neighborhood merchants including but not limited to the restaurants and eateries (" Merchant/s"), on the Platform and EatEasy enables delivery of such orders at select localities of serviceable cities across United Arab Emirates (" Delivery Services"). The Platform Services and Delivery Services are collectively referred to as " Services". For the delivery services rendered, EatEasy may charge you a delivery fee (inclusive of applicable taxes whenever not expressly mentioned)
4. AMENDMENTS
These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other EatEasy policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other EatEasy policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other EatEasy policies. As long as you comply with these Terms of Use, EatEasy grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and EatEasy policies (including but not limited to Cancellation & Refund Policy, Privacy Policy, and Notice and Take Down Policy) as may be posted on the Platform from time to time.
5. Use of Platform and Services
6. Account Registration or use of the Platform
- You may access the Platform by registering to create an account (" EatEasy Account") and become a member (" Membership"); or (c) you can also register to join by logging into your account with certain third-party social networking sites (" SNS") (including, but not limited to, Facebook); each such account, a " Third Party Account", via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your EatEasy Account with Third-Party Accounts, by either:
- providing your Third-Party Account login information to us through the Platform; or
- allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
- You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.
- By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third-Party Account (" SNS Content") so that it is available on and through the Platform via your EatEasy Account.
- Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
- Depending on the Third-Party Accounts, you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your EatEasy Account on the Platform.
- Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform.
- We will create your EatEasy Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may only have one EatEasy Account and are not permitted to create multiple accounts. If found, you have multiple accounts, EatEasy reserves the right to suspend such multiple accounts without being liable for any compensation.
- You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
- We reserve the right to suspend or terminate your EatEasy Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
- You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your EatEasy Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your EatEasy Account.
- Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
- Cardholder must retain a copy of transaction records and Merchant policies and rules
- User is responsible for maintaining the confidentiality of his account
7. Bookings and Financial Terms
- The Platform allows you to place food order bookings and we will, subject to the terms and conditions set out herein, enable the delivery of such order to you.
- EatEasy does not own, sell, resell on its own, and/or do not control the Merchants or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
- As a general rule, all food orders placed on the Platform are treated as confirmed.
- However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid, and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
- In addition to the foregoing, we may also contact you by phone and/or email to inform and confirm any change in the order, due to availability or unavailability or change in the price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that EatEasy reserves the right not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
- All payments made against the purchases/services on the Platform by you shall be compulsorily in Dirham (AED) acceptable in the United Arab Emirates. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by EatEasy is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, EatEasy is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
- You acknowledge and agree that we act as the Merchant's payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.
- You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
- In connection with your order, you will be asked to provide customary billing information such as name, billing address, and credit card information either to us or our third-party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms, using the methods described above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing the use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
- The final tax bill will be issued by the Merchant to the Buyer along with the order and EatEasy is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof, and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. EatEasy holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
- The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Merchant and are listed based on Merchant's information. Very rarely, prices may change at the time of placing an order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected, and in such an event Merchant may cancel such your order(s).
- The Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to the Buyers and in no event shall be the responsibility of EatEasy.
- The transaction is bilateral between the Merchant and Buyer and therefore, EatEasy is not liable to charge or deposit any taxes applicable to such transaction.
- Visa or MasterCard debit and credit cards in AED will be accepted for payment
- Payment Confirmation: Once the payment is made, the confirmation notification will be sent to the customer via email and SMS within 6 hours of receipt of payment
8. Cancellations and Refunds
- Cancellation
- Customer Cancellation
- As a general rule, you shall not be entitled to cancel your order once placed. You may choose to cancel your order only within one-minute of the order being placed by you. However, subject to your previous cancellation history, EatEasy reserves the right to deny any refund to you pursuant to a cancellation initiated by you even if the same is within one-minute.
- If you cancel your order after one minute of placing it, EatEasy shall have a right to charge you 100% of the order amount as the cancellation fee (inclusive of applicable taxes whenever not expressly mentioned), with a right to either not to refund the order value in case your order is prepaid or recover from your subsequent order in case your order is postpaid, to compensate our restaurant/merchants and delivery partners.
- Non-Customer Cancellation
- EatEasy reserves the right to charge you a cancellation fee for the orders constrained to be canceled by EatEasy for reasons not attributable to EatEasy, including but not limited to:
- in the event, if the address provided by you is either wrong or falls outside the delivery zone;
- failure to contact you by phone or email at the time of delivering the order booking;
- failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
- unavailability of all the items ordered by you at the time of booking the order; or
- unavailability of all the items ordered by you at the time of booking the order. However, in the unlikely event of an item on your order being unavailable, EatEasy will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund to an amount up to 100% of the order value.
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In case of cancellations for the reasons attributable to EatEasy or the restaurant partner or delivery partners, EatEasy shall not charge you any cancellation fee.
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Cancellation policy for EatEasy Stores
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The orders placed by the User using the Platform are non-cancellable ad non-refundable except if a refund is requested under the following conditions –
- If the order could not be delivered within the stipulated time of delivery i.e. 24 hours;
- If the Merchant cancels the order due to reasons not attributable to User, including but not limited to store is closed, non-availability of items, the store cannot service online orders at the moment, the store is overcrowded, etc.
- If EatEasy cancels the order due to reasons not attributable to User, including but not limited to non-availability of Delivery Partners, etc.
- EatEasy reserves the right to look into the cancellation request of the User and determine if such cancelation request falls under the conditions mentioned above. If EatEasy is satisfied that the request satisfies any of the aforesaid conditions, EatEasy shall process the cancellation request and refund to the User.
- Refunds
- You may be entitled to a refund for prepaid orders post deduction of cancellation fee as described in Section 1.2 above or in a manner as deemed fit by EatEasy in its sole discretion. You shall also be entitled to a refund of proportionate value in the event packaging of an item in order or the complete order, is either tampered or damaged and you refuse to accept at the time of delivery;
- You may be entitled to a refund up to 100% of the order value if EatEasy Delivery Partner fails to deliver the order to you due to a causes attributable to EatEasy, however, such refunds will be assessed on a case to case basis by EatEasy Note: We do not penalize the Delivery Partner for the delay, caused due to external factors
- Our decision on refunds shall be final and binding.
- All refund amounts shall be credited to your account as may be stipulated as per the payment mechanism of your choice, the estimated timelines are detailed as below, in case you don't choose to credit it to your wallet with your EatEasy Account;
- Refunds will be done only through the Original Mode of Payment
- In case of payment at the time of delivery, you will not be required to pay for:
- orders where packaging is either tampered or damaged at the time of delivery;
- wrong order being delivered; or
- items missing from your order at the time of delivery.
9. Provided the same is communicated to EatEasy Customer Care before the order is marked delivered.
10. Terms of service
- You agree and acknowledge that we shall not be responsible for:
- The services or goods provided by the Merchant including, but not limited, serving of food orders suiting your requirements and needs;
- The Merchant's services or goods not being up to your expectations or leading to any loss, harm or damage to you;
- The availability or unavailability of certain items on the menu; or
- The Merchant serving the incorrect orders.
- The details of the menu and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.
- You may not be able to avail of our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
- You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
- Your order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of a change of the delivery location shall be at our sole discretion.
- You shall undertake to provide adequate directions, information, and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
- You understand that our liability ends once your order has been delivered to you.
- Services provided:
- You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
- Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by these Terms of Use and any other terms as set out in such document confirm such sale of Service. You shall not be entitled to receive any credit, refund, Easy points or cashback for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.
- You agree and acknowledge that neither us nor the Merchant shall be liable in the event of you failing to adhere to the Terms of Use.
- You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
- We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such products or services.
- We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
- If you use the Platform, you do the same at your own risk.
- You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
11. No Endorsement
- We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
- By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
12. General terms of use
- Persons who are "incompetent to contract" including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and EatEasy policies, you shall immediately discontinue its use. EatEasy reserves the right to terminate your Membership and / or deny access to the platform if it is brought EatEasy's notice that you are under the age of 18 years.
- If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password, and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
- As we are providing services in the select cities in the United Arab Emirates, we have complied with the applicable laws of the United Arab Emirates in making the Platform and it’s content available to you. In the event the Platform is accessed from outside the United Arab Emirates or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, bylaws, licenses, registrations, permits, authorizations, rules and guidelines.
- You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and EatEasy policies to the attention of all such persons accessing the Platform on your computer or mobile device.
- You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
- You agree and grant permission to EatEasy to receive promotional SMS, push notification and e-mails from EatEasy or allied partners. In case you wish to opt-out of receiving promotional SMS or email please send a mail to [email protected]
- By using the Platform you represent and warrant that:
- All registration information you submit is truthful, lawful, and accurate and that you agree to maintain the accuracy of such information.
- Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
- You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
- All necessary licenses, consents, permissions, and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and/or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
- You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event, you want to advertise your product or service contact [email protected].
- You will not use the Platform in any way that is unlawful or harms us or any other person or entity, as determined in our sole discretion.
- You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
- You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
- You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
- You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
- You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
- any part of the Platform or the Platform software; or
- any equipment or any network on which the Platform is stored or any equipment of any third party
- You release and fully indemnify EatEasy and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of United Arab Emirates. Notwithstanding its reasonable efforts in that behalf, EatEasy cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
13. Access to the Platform, Accuracy, and security
- We endeavor to make the Platform available to during Merchant working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error-free, free of viruses or other harmful components, or that such defects will be corrected.
- We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or you’re obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
- We do not represent or warranty that the information available on the Platform will be correct, accurate, or otherwise reliable.
- We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
14. Relationship with operators if the Platform is accessed on mobile devices
- In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed, or in any way linked to any platform operator, including, without limitation, Apple, Google, or Android (each being an " Operator").
- Your download, installation, access to, or use of the Platform is also bound by the terms and conditions of the Operator.
- You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
- The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
- We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
- You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims to arise under consumer protection or similar legislation.
- You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringe that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
- You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
15. Disclaimers
- THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
- DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE, TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
- WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
- YOU ACKNOWLEDGE THAT THIRD-PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / MERCHANTS SERVICES.
- EATEASY DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE FOOD SAFETY AND STANDARDS MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO THE MERCHANT.
- WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
- THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
- WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
- IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Intellectual property
- We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
- You may print off one copy and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organization to material available on the Platform.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
- If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
17. Treatment of the information provided by you
- We process information provided by you to us in accordance with our Privacy Policy.
18. Third-Party Content
- We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
- You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.
19. Severability
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
20. Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
21. Governing law and dispute resolution
These Terms of Use are governed by the laws of the United Arab Emirates. Any action, suit, or other legal proceedings, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Dubai, United Arab Emirates.
22. Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform at
[email protected]