1. Agreement Between the Customer (Customer) and Foodonline.ae:
This Web site is offered to you, the customer ("You"), by Foodonline.ae. ("Us", "We", "Foodonline.ae") conditioned on your acceptance without modification of the terms, conditions, and notices contained in this agreement ("Agreement"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. Foodonline.ae is fully managed by Middle East Infoway which is a registered company in Dubai, United Arab Emirates.
2. Validity of and Payment for Orders:
When a customer submits an order on the Foodonline.ae web site, the order is considered valid upon submission. Once your order is submitted on Foodonline.ae, we will be responsible for delivering your order in a timely manner. The customer is responsible for immediate payment in full when the product is delivered. Customer is responsible for payment of all goods and services Customer orders, including the cost of any and all additional items that the Customer added to his/her order. In the event the Customer fails to timely pay for the additional goods and/or services, Foodonline.ae reserves the right to pursue the Customer by any and all legal means to collect on amounts due and owing.
3. Transmission of Order to Restaurant:
Foodonline.ae will be responsible for transmitting orders placed on our site to restaurants in a timely manner after submission. Foodonline.ae is not responsible for any delay in transmission of such order due to failures of telecommunications media utilised by Foodonline.ae or by restaurants. Customer acknowledges that delays may occur in transmission of any Foodonline.ae order and agrees to hold Foodonline.ae and its employees and agents harmless as stated in paragraph 9 below.
4. Copyright and Trademark Notices:
Web site text, illustrations, design, selection, arrangement, and underlying technology, including magnetic translation and digital conversion are © 2011 Foodonline.ae Web site content, design, and underlying technology are proprietary to Foodonline.ae and are also protected by relevant intellectual property laws, including trademark, trade secret, trade dress and other applicable law. Permission is granted to make a single electronic copy for the purpose of viewing the materials on this Web site by means of computer, and to print single hard copies of screen prints solely for personal use and reference. Any other copying, printing, modification, forwarding, or other use of these materials, whether or not commercial in nature, is strictly prohibited without the express prior written permission of Foodonline.ae. Food Online and Foodonline.ae.ae are service marks of Middle East Infoway. Other trademarks, service marks, trade names, business names and brand names that may be used on this Web site are the property of their respective owners.
5. Restricted Use:
If you are a Customer interested in submitting a purchase request, this Web site is for your personal and noncommercial use or for your commercial use to the extent of ordering services and/or goods for or relating to your business. Customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, gather, or compile any information (including customer contact information), software, or services obtained from this Web site without the prior written consent of Foodonline.ae.
6. Conditions for Use of Foodonline.ae:
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or any member of your household is true and accurate. Without limitation, any speculative, false or fraudulent orders or service requests are prohibited. You agree that the services of this Web site shall be used only to request legitimate price and purchase information for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the services offered by the Web site may result in you being denied access to such services. Overuse means to order or use a service more often than is customarily adequate for a single user, to exceed one's ability to receive services, or to otherwise impede the ability of a service provider to service other customers adequately. Abuse means to place false orders on our Web site, to attempt to tamper with the Web site or to modify any part of the site structure or underlying programming code, to verbally or physically abuse any Foodonline.ae service provider who renders service, to refuse payment for any valid order submitted to the Web site, and any other forms of abuse to the Web site recognized by local, state and federal laws.
7. No Unlawful or Prohibited Use:
As a condition of your use of this Web site, you warrant to Foodonline.ae that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web site in any way prohibited by these terms, conditions and notices.
8. Release and Indemnification:
Foodonline.ae should handle any and all disputes between restaurants and Customer directly with that restaurant, or Customer. In the event that you have a dispute with one or more restaurants you release Foodonline.ae (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You agree to indemnify, defend and hold Foodonline.ae and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to the violation of this contract or use of the Web site.
9. Links to Third-Party Web sites:
This Web site may contain links to Web sites operated by parties other than Foodonline.ae. Such hyperlinks are provided for reference only. Foodonline.ae does not control such Web sites and is not responsible for their contents. Foodonline.ae's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
10. Right to Refuse Service:
Foodonline.ae reserves the right in its sole discretion to refuse service at any time, or to terminate any Customer or Service Provider account and remove it from the Web site at any time.
Foodonline.ae IS ACTING SOLELY TO DELIVER PRODUCTS BETWEEN RESTAURANTS AND CUSTOMERS AND IS NOT ACTING IN ANY OTHER CAPACITY WITH EITHER CUSTOMERS OR RESTAURANTS, INCLUDING BUT NOT LIMITED TO, ANY PARTNERSHIP, JOINT VENTURE, CO-OWNERSHIP, BROKER OR AGENCY RELATIONSHIP OF ANY KIND WITH ANY CUSTOMER OR RESTAURANT. IT IS RECOMMENDED THAT PRIOR TO MAKING ANY BUYING DECISIONS YOU CONSULT PROFESSIONALS AS APPROPRIATE.
12. No Warranty:
Foodonline.ae AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE OR SERVICES CONTAINED BY THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE OR SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. Foodonline.ae AND/OR ITS SUPPLIERS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, SERVICE PROVIDERABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU."
13. Limit of Liability:
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Web site may be interfered with by numerous factors outside of our control. IN NO EVENT SHALL Foodonline.ae AND/OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WITH ANY DELAY OF OR INABILITY TO USE THIS WEB SITE, WITH ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE, OR INTENDED USE, OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Foodonline.ae OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
14. Modification of the Web site:
Foodonline.ae (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Web site. Foodonline.ae may discontinue or revise any or all aspects of the Web site in its sole discretion and without prior notice.
Foodonline.ae reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this contract will be deemed effective upon publication on the Web site with respect to any Customer actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
17. Governing Law; Arbitration
By using this website you agree that for the purpose of venue, this agreement was entered into in Dubai, UAE, and any dispute will be litigated or arbitrated at the Dubai International Arbitration Centre. Furthermore, you waive any right to or claim of sovereign immunity