TERMS OF SALE
Last Modified: 2 June 2020
By purchasing any product available for purchase ("Product") or utilizing any service where payment is required ("Service") which is offered by The Entertainer FZ LLC its subsidiaries and affiliates (collectively, the " Company," "we" or " our") through our websites or online applications that run on smart phones, tablets and other devices which provide dedicated non-browser-based interaction between you and our websites all of which are collectively called our “ Application"), you agree to these terms and conditions of sale (these “ Terms of Sale"). A “Service” may include but is not limited to an online purchase via the delivery or takeaway functionality offered through our websites or online applications where online payment is required to avail such service using a credit card or otherwise.
We may, at our sole discretion, verify your identity prior to processing a purchase. We may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Refunds for cancelled orders may be issued where appropriate in accordance with these terms and conditions of sale.
Our objective is to link you to the restaurants we partner with (“Partner Restaurants") and allow you to order Products for delivery (our “Service”). Where you order from a Partner Restaurant, the Company acts as an agent on behalf of that Partner Restaurant to conclude your order from our Application and to manage your experience throughout the order process. Once you have placed an order, your items will be delivered to your designated address on behalf of our Partner Restaurant (“ Delivery”).
When you attempt to purchase any Product or Service on our Application by clicking the “Buy", “Submit”, “Checkout” or equivalent option, this constitutes an offer to buy the Product or Service, as applicable. Your purchase is not complete until we email you to confirm the transaction (“Order Confirmation”). We reserve the right to reject your offer and not conclude a sale agreement with you.
You are responsible for paying for all Products ordered using your account, and for related delivery charges, and for complying with these Terms of Sale, even if you have ordered the Products for someone else. Some Partner Restaurants operate a minimum order value policy. This will be displayed on our Application. All Products are subject to availability. Partner Restaurants may use nuts or other allergens in the preparation of certain Products. Please contact our Partner Restaurant prior to ordering if you have an allergy. The Company cannot guarantee that any of the Products sold by our Partner Restaurants are free of allergens.
Each Partner Restaurant has a prescribed delivery area. This delivery area may change at any time due to factors such as weather, or demand on our service. This is to ensure that the Products reach your door at their best. Our Partner Restaurants each decide their own operating hours. That means that the availability and the range of Partner Restaurants from which you can order, depends on the Partner Restaurants in your area. If you try to order a delivery to a location outside the delivery area or operating hours of a Partner Restaurant, or the Application is otherwise unavailable for any reason, we will notify you that ordering will not be possible or it will not be visible to you on the Application.
We and our Partner Restaurant will use best efforts to deliver your Products on time, however this may not occur due to factors such as traffic and weather conditions.
We will attempt delivery at the address you provide to us when you place your order. You are responsible to ensure you have included an accurate delivery location and appropriate instructions on the Application to ensure your Products reach you. If you need to change the delivery location after you have placed your order, we may be able to change to the address to an alternative one that is registered with your account if you contact us before the driver has been dispatched, and the new address is within the same zone as the address you originally ordered your Product to. If we cannot change the delivery address, you have the option to cancel the order, but if food preparation has started you will be charged the full price for the Products, and if the driver has been despatched you will also be charged for delivery.
You will still be charged for the Products and for delivery in the event of a failed delivery if you have caused such failure for any reason. Reasons you might cause a delivery to fail include (but are not limited to):
- you do not come to the door;
- did not pick up the phone when the driver contacted you using the contact information you have provided us; and/or
- you picked up the phone but then failed to provide access within a reasonable amount of time, and the driver is unable to find a safe location to leave the food.
Products or Services sold by the Company may be subject to applicable taxes, which will be added at checkout. Occasionally there may be an error or omission related to the pricing or description of advertised Products or Services. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If we made an error or omission and you have already purchased a Product or Service: (i) if the actual price of the Product or Service is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the Product or Service is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a refund.
The Company may operate dynamic pricing some of the time, which means that prices of Products and delivery may change while you are browsing. Prices can also change at any time at the discretion of the Partner Restaurants. We may also charge you a delivery fee.
This will be notified to you during the order process before you complete your order. The total price of your order will be set out on the checkout page on our Application, including the prices of the Products and Delivery and applicable taxes.
You may only pay for Products or Services purchased on our Application using a valid credit or debit card or other payment method made available by the Company on the Application. Once your order has been confirmed your credit or debit card will be authorised and the total amount marked for payment (in respect of all payments made by credit or debit cards). Payment is made directly to the Company acting as agent on behalf of the Partner Restaurant only.
We are authorised by our Partner Restaurants to accept payment on their behalf and payment of the price of any Products or delivery charges to us will fulfil your obligation to pay the price to the Partner Restaurant. Partner Restaurants sometimes make special offers available through our Application. These are visible when you look at a Partner Restaurant menu. These offers are at the discretion of the Partner Restaurants. Unless the offer terms state a fixed or minimum period for which an offer will be available, it can be withdrawn at any time, unless you have already placed an order based on the offer and we have sent the Order Confirmation.
Offers and Discounts
The Company may makes available from time to time offers or discounts that may be redeemable by you on the Application against the cost of the Products (Offers).
You can “apply” an Offer to an order by selecting it (if available) or entering a promo code (if any) at the point you place an order. Offers may be offered subject to conditions, such as time limits, geographic limits, or use only at a particular Partner Restaurant or for a particular Product. Use of an Offer may also be subject to specific conditions applicable to that Offer only, such as a specific minimum order value or that the Offer may only be redeemed on specific Products or time. If the order placed does not comply with the applicable conditions, the Offer will not be able to be redeemed against that order. The payment page on our Application where you confirm your order for Products will show the total order value and the applicable Offer, if any.
Only one Offer can be redeemed per order. If you cancel an order made using an Offer and we agree to accept such cancellation, we will have the Offer restored to your account for you to use in the future.
Warranties and Other Information
While we work to ensure that the Product or Service information on the Application is correct, we cannot guarantee that Product or Service descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information that accompanies the Products or Services before use.
Unless stated otherwise on the Application, all Products are sold “as is." You have a legal right to receive goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Products you have been delivered do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Products. We may provide a refund in respect of the affected part of the Products, and also in respect of delivery if the whole order was affected, unless we have reasonable cause to believe that the problem was caused after delivery.
Prior to processing any refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the Partner Restaurant.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OR USE, OR INABILITY TO USE, ANY PRODUCT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
These Terms of Sale and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre, without giving effect to any choice or conflict of law provision or rule (whether of the Dubai International Financial Centre or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the courts of the Dubai International Financial Centre, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.
If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.
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