Условия использования
GENERAL TERMS OF SITE USE
This
document contains the General Terms and Conditions of the Agreement for the Use
of services provided by SF RESTAURANT CO DMCC through the website for online
orders “ma-emirates.com” (“General Terms and Conditions”) and governs the
relationship between SF RESTAURANT CO DMCC and each of the users of the
ma-emirates.com
1.
DEFINITIONS
In
the interpretation and application of these General Terms and Conditions, the
terms and expressions used have the following meanings:
1.1.
"IP address" ("IP address") is a unique identification
number that links a user's device, web page, or resource in such a way that
allows them to be located on the global Internet.
1.2.
SF RESTAURANT CO DMCC (from now on referred to as MA) is a commercial company
with Licence number:
DMCC-874672, with headquarters and
management address: UAE, Dubai, Jumeirah Lake Towers, plot No: JLT-PH2-Q3A,
Saba 2, Unit No: S11, which provides services by these General Terms and
Conditions, through the site administered by him: ma-emirates.com.
1.3.
Website ma-emirates.com is a website through which USERS are provided with the
opportunity to purchase and deliver food to their address.
1.4.
"Electronic link" - a link indicated on a specific Internet page that
allows automatic redirection to another Internet page, information resource, or
object using standardized protocols.
1.5.
"Malicious acts" are acts or omissions that violate the ethics of the
Internet or cause harm to persons connected to the Internet or related networks,
including, but not limited to, sending unsolicited mail (SPAM, SPAM), channel
flooding (FLOOD), gaining access to resources using other people's rights and
passwords, using flaws in systems for one's benefit or to obtain information
(HACKING), committing actions that can be qualified as industrial espionage or
sabotage, damaging or destroying systems or information arrays (HACKING),
sending out "Trojan horses" or causing the installation of viruses or
remote control systems, disrupting the regular operation of other users of the
Internet and related networks, or committing any act that may be qualified as a
crime or administrative offense under the laws of the UAE or other applicable
laws.
1.6.
A "web page" is a part of a website that may be integral or
stand-alone.
1.7.
"Information System" is a device or a system of related devices
designed to store, send or receive electronic documents.
1.8.
"USER" means any person over the age of 18 who uses any services and
resources provided through the MA Call Center and the ma-emirates.com website.
1.9.
"User profile" is a separate part of ma-emirates.com containing
information about the user provided by him during registration and stored by
ma-emirates.com. The user profile is accessed by entering a username and password.
The profile allows the user to view and edit the data entered during
registration, access his personal mailbox, change the access password,
subscribe or unsubscribe, receive the newsletter, etc.
1.10.
"Username" is a unique code of letters and/or numbers selected by the
user, with which he is individualized on ma-emirates.com.
1.11.
"Password" is a code of letters and/or numbers chosen by the user,
which, together with the username, personalizes the user.
1.12.
"User Content" means any data, information, text, opinions, comments,
and blogs that a USER maintains on ma-emirates.com to make them available to
all other USERS through the ma-emirates.com website.
1.13.
“Server” is a device or system of connected devices on which or on any of which
system software is installed to perform tasks related to storing, processing,
receiving, or transmitting information.
1.14.
“Website” means a designated place on the global Internet, accessible at its
single address (URL) using the HTTP or HTTPS protocol and containing files,
programs, text, sound, pictures, images, electronic links, or other materials
and resources.
1.15.
"Blog" - A site, the content of which is regularly supplemented with
comments, descriptions of events, files, and other information materials presented
in chronological order.
1.16.
"Random event" - a circumstance of an extraordinary nature,
unforeseen at the time of the conclusion of the contract, making its
implementation objectively impossible.
1.17.
“Commercial communications” are advertising or other communications that
directly or indirectly represent a person's goods, services, or reputation in a
trade, craft, or regulated profession.
II.
SUBJECT OF THE CONTRACT
2.1.
MA, through the website ma-emirates.com, provides the USER with the services in
these General Terms and Conditions (from now on referred to as the
"Services") online, subject to strict compliance with the latter
requirements outlined in these General Terms and Conditions.
2.2.
Part of the Services of the Ma-emirates.com website is provided to all USERS
without the need for prior registration. These, among other things, are access
and Use, in accordance with the rules of these General Terms and Conditions, of
various information resources available through the ma-emirates.com website -
news, entertainment publications, promotions, a calendar with information about
upcoming events, trainings and seminars, a catalog with electronic links to the
UAE and foreign websites or other content provided by ma-emirates.com, as well
as User Content published on the website ma-emirates.com;
2.3.
Using part of the Services on the ma-emirates.com Website is possible only
after prior registration, creation of a USER Profile and entering a username
and password.
2.4.
The relationship between USERS and ma-emirates.com in connection with the
offer, access and Use of paid services through the Website www.ma-emirates.com
is governed by the rules described in the General Conditions for Use of the
relevant paid services available through the Ma-emirates.com Website.
III.
APPLICATION AREA. AGREEMENT WITH TERMS
3.1.
These General Terms and Conditions apply to USERS registered on the
ma-emirates.com website (“registered USERS”). These General Terms and
Conditions apply accordingly to USERS who have not registered with
ma-emirates.com (“unregistered USERS”), and their rights are limited to the Use
of the services described in clause 2.2.
3.2.
The text of these General Terms and Conditions is available on the Internet at
the website address https://ma-emirates.com in a manner that allows its storage
and reproduction. An electronic link to the website containing the text of
these General Terms and Conditions is located on every page of the
ma-emirates.com website. In any use of the services and resources of the
ma-emirates.com website, including when opening a web page from the
ma-emirates.com website, as well as when clicking on an electronic link from
the header (home) or any other web page of the ma-emirates.com website, USERS
declare that they are familiar with these General Terms and Conditions, agree
with them and undertake to comply with them.
3.3.
To be able to use the services per clause 2.3. of these General Terms and
Conditions, the USER must register in advance by completing the appropriate
electronic registration form available in real-time (online) on the Internet at
https://ma-emirates.com.
3.3.1
During the registration process, by checking the box "I agree to the
General Terms and Conditions of ma-emirates.com" and clicking the virtual
button "Register" the USER, respectively, the parent or guardian of
the USER, makes an explicit electronic declaration within the meaning of the
Electronic Document and Electronic Signature Law, by which he declares that he
is familiar with these General Conditions, accepts them, agrees with them and
undertakes to comply with them.
3.3.2
By registering, the USER has access to all services offered by ma-emirates.com.
When filling out the registration form, the USER is obliged to provide complete
and correct data about his identity, respectively the USER's identity, and
other data required by the ma-emirates.com electronic form, as well as
immediately update them in case of any change. The USER guarantees that the
data he provides during the registration process is true, complete and
accurate, and, in case of changes in the latter, he will update them promptly.
3.3.3
If the personal data required in the registration form is not provided,
ma-emirates.com has the right to refuse registration.
3.3.4
In case of providing incorrect data or not reflecting the changes that have
occurred, ma-emirates.com has the right to terminate or suspend the provision
of the Services immediately and without notice, as well as the preservation of
its registration. In this case, the termination of the provision of the
Services is considered an automatic termination of the contract.
IV.
USER NAME AND PASSWORD. USER PROFILE
4.1.
When registering, the USER specifies a username and password. If the username
is not already taken, the USER receives the username and password he requested.
Through them, the USER gets access to his User Profile, as well as the
opportunity to use the Services by clause 2.3.
4.2.
The username is a unique code of letters, numbers and symbols, with which the
USER identifies himself when using the Services by clause 2.3. ma-emirates.com
does not check and is not responsible for the coincidence of the username with
the USER's name, for whether this affects the rights of third parties and in
particular, the right to a name or other personal rights, the right to trade a
name (company), the right to a reserved trademark mark or other intellectual
property rights.
4.3.
A password is a combination of letters, numbers, and symbols that, together
with a username, is used to access a specific user profile.
4.5.
The USER undertakes not to disclose his password or the secrets of questions
and answers to third parties and to immediately notify ma-emirates.com in case
of unauthorized access and in the event of such a possibility. The USER is
obliged to exercise all care and take the necessary measures that are
reasonably necessary to protect his password and the secrets of the question
and answer, and is fully responsible for all actions that are carried out by
him or a third party using them.
4.6.
The user profile is a separate part of the ma-emirates.com Website containing
information about the registered USER provided during registration and stored
on the ma-emirates.com server. Through his user profile, the USER can use,
configure, activate or deactivate the Use of various services by clause 2.3.
ma-emirates.com to manage the ma-emirates.com hosted by him. User Content,
update registration information, change password and security question and
answer, terminate registration on ma-emirates.com, etc.
4.7.
To gain access to the paid services of the site ma-emirates.com, the USER must
register on the indicated web page or perform other actions per the
requirements of the General Conditions for the Use of the relevant paid service
indicated on the page.
4.8.
Each USER can only have one active user profile. Registration under a
fictitious name or another name (under another name) is prohibited.
ma-emirates.com may refuse to register a person reported to be providing false
or irrelevant data.
V.
CONCLUSION OF THE CONTRACT
5.1.
The agreement between the parties shall enter into force upon reaching an
agreement objectified in the manner specified in paragraph 3.2 or paragraph
3.3.1.
5.2.
The contract is concluded in English.
5.3.
The agreement is valid:
a)
For unregistered USERS - until the Use of the Services is terminated under
clause 2.2.;
b)
For registered USERS, it is for an indefinite period from the date of
registration of the USER until termination of the contract by these General
Conditions. CHANGES IN CONDITIONS
6.1.
Due to the periodic addition and modification of the Services, their
improvement and expansion, as well as in connection with possible changes in
legislation reflecting them, the General Terms and Conditions may be changed by
MA unilaterally. This change may also be made in the event of a change in the
type, nature or technology of the Services provided, when the provision of
certain Services is discontinued, and in the event of a change in economic
conditions.
6.2.
When changes are made to the General Terms and Conditions, MA will bring them
to USERS' attention by publishing them on the website ma-emirates.com. MA
provides USERS with a two-week period to familiarize themselves with the
General Terms and Conditions changes, after which they come into force.
6.3.
These General Terms and Conditions, as well as future changes to them, also
apply to existing registered USERS from the date of their entry into force.
On-time according to clause 6.2. they can indicate by sending a MA message that
they reject the changes. If MA does not receive a declaration of rejection of
the changes, the USER shall be deemed bound by them.
A
statement by a registered USER that he disagrees with the changes in the
General Terms and Conditions will lead to the automatic termination of the
contract between the USER and MA for the Use of the services provided through
the ma-emirates.com website, in which, in the case of MA, has the right to
immediately suspend access of the relevant USER to his user profile, terminate
his registration and delete from their servers all User Content posted by him.
VII.
RIGHTS AND OBLIGATIONS OF THE USER
7.1.
The USER himself provides the necessary client equipment (end devices for
Internet access and related software applications) and Internet access to use
the services provided by MA.
7.2.
The USER has the right to access the services provided online through the
ma-emirates.com website in accordance with the conditions and access
requirements established by MA.
7.4.
The USER undertakes, when using the services provided by MA, not to upload,
place on the MA server and not disclose in any way to third parties User
Content - information, data, text, messages, as well as any other materials or
electronic links to materials:
a.
contrary to UAE
law, applicable foreign law, these General Terms and Conditions, Internet
ethics, morality and good manners;
b.
containing violence (including violence against animals), incitement to
violence, humiliation of human dignity, threat to life and physical integrity
of a person;
c.
with pornographic or sexually explicit content;
d.
with clearly visible bodies of victims of accidents and other serious
incidents;
e.
offensive to religion or containing religious propaganda;
f.
constituting a commercial or commercial secret or other confidential
information;
g.hour
being the object of intellectual property rights of third parties, except with
the consent of the copyright holder;
h.
violation of any property or non-property rights or legitimate interests of
third parties; propaganda of discrimination based on sex, race, education, age
and religion, or the preaching of a fascist, racist or other non-democratic
ideology;
i.
damage to the good name of another person and calls for a violent change in the
constitutionally established order, to commit a crime, to violence against a
person, or to incite racial, national, national or religious hatred;
j.
containing information inciting or facilitating terrorist activities;
k.
containing information about someone else's passwords or access rights without
the consent of their owner, as well as programs for accessing such passwords or
rights;
7.5.
The USER undertakes to use the services provided by MA:
a.
not commit malicious acts within the meaning of these General Terms and
Conditions;
b.
immediately notify MA of any violation committed or discovered when using the
services provided;
c.
not impersonate another person;
d.
not to use methods that lead to forced downloading of content that is
undesirable for Internet users (“pop-up window”, “blind link”, etc.).
7.6.
The USER has the right to terminate the Use of the Services provided by MA at
any time, at its sole discretion, by deactivating their provision in its User
Profile or on any other website intended for this purpose, or by terminating
its registration on the website — ma-emirates.com, respectively, by terminating
the Use of the Services under clause 2.2. From the moment of termination of
registration, and for unregistered USERS - from the moment of suspension of the
Use of services under clause 2.2., the contract between the parties is
considered automatically terminated, and MA suspends the access of the
corresponding USER to his User Profile and has the right to suspend access and
remove from its servers all User Content located on it by clause 14.2. of these
General Terms and Conditions. Disabling the provision of certain Services does
not lead to termination of the contract.
7.7.
The USER may access and use any content posted on the ma-emirates.com website,
including User Content, solely for personal, non-commercial Use following the
requirements of these Terms.
7.8.
The USER undertakes not to install or attempt to gain unauthorized access to
the services provided by ma-emirates.com by intercepting and using someone
else's passwords or in any other way, not to circumvent, damage, or otherwise
disrupt the normal operation of technical or software applications on the
ma-emirates.com Site, prohibiting or restricting access to foreign electronic
mailboxes, administrative panels, computer systems and networks related to the
services provided.
VIII.
RIGHTS AND OBLIGATIONS OF MA
8.1.
MA undertakes to exercise due care so that the USER can use the Services
normally.
MA
Complaints Policy
We
at MA promise to be at your door with your order within the timeframe announced
when you placed your order.
We,
MA, are committed to delivering your order within 75 minutes.
In
case of a high workload, leading to temporary difficulties for MA in compliance
with the specified delivery time in the area where the USER's delivery address
is located, MA has the right to refuse to accept the order, notifying the USER
in a timely manner that his order cannot be accepted.
MA
reserves the right to change delivery areas and/or their boundaries at its sole
discretion.
8.1.2.
All prices shown on the menu are in UAE dirhams.
8.1.3.
Consumables
Each
main meal ordered includes one free cutlery and one free carton. When you order
a dish, if you want additional dishes or chopsticks, you need to pay for them.
8.1.4.
MA guarantees the taste characteristics and nutritional quality of the supplied
products according to your order within 2 (two) hours from the moment of order.
In this regard, MA recommends consuming the products delivered within the above
period. After this period, MA is not responsible for the taste characteristics
and nutritional quality of the products supplied.
8.1.5.
If you find a discrepancy between your order and the delivered goods in terms
of quantity and quality, you have the right to file a complaint under the
Consumer Protection Act. Your complaint must be notified to us within 60
minutes of delivery of your order, and the notification is deemed to have been
given by calling the National Call Center on 800 1222. If your complaint notification
is sent after this period, MA must not follow the complaints acceptance policy.
Calls
to 800 1222 are charged at the price of one city call, the cost of which is
determined by the individual tariff plan of each subscriber in the
telecommunications company whose services he uses.
8.1.6.
When filing a justified complaint, we offer you the following options for
solving the identified problem, depending on the situation, type and nature of
the problem:
-
If the product arrives at the customer in bad condition, we will replace it
with a new one as soon as possible on the same day, or we will give you a
voucher that you can use on your next order, which will be equal to the value
of the wrong product.
The
voucher cannot be combined with any other type of discount.
The
voucher is used to pay for all or part of the order.
The
voucher can be used once and cannot be used to pay for two or more orders.
The
voucher is provided for a period of one month (30 calendar days) from the date
of its receipt.
8.1.7.
In all cases of inaccurate fulfillment of your order, except for those related
to an undelivered product/product, your claim will be recognized as justified
only if you present to the supplier the product with which you are
dissatisfied, in an amount of at least two-thirds of what was delivered. On the
other hand, if the customer refuses the order or returns less than two-thirds
of the amount provided, MA is not responsible for compensation.
8.1.8.
The time guarantee does not apply to all orders. Orders over AED 205 require
more lead time, so an extended delivery time is required. Each customer will be
promptly informed of the delivery time when placing an order or subsequently.
8.1.9.
This Complaints Policy does not apply in the event of force majeure
circumstances, including the occurrence of causes related to adverse weather
conditions.
8.2.
MA has no obligation and objective ability to control the way the USER uses the
Services provided and is not responsible for the goals and actions of the USER
in connection with the Use of the Services, as well as for the type and nature
of the User Content. MA is not obliged to control the information stored on its
servers or available during the provision of the Services, as well as to search
for facts and circumstances indicating that the USER has committed illegal
activities through the Use of the Services.
8.3.
Following the requirements of the current legislation of the UAE, MA stores
information materials and resources located by the USER on the ma-emirates.com
server and has the right to provide them to the competent government
authorities in cases where it is necessary to preserve the rights, legitimate
interests and safety of MA or third parties, as well as in cases where the
relevant state authorities require the same in due course.
8.4.
If the USER does not use the User Profile within 60 days after registration or
after 120 days from the date of its last Use, MA has the right to suspend the
access of the corresponding USER to its User Profile, terminate its registration
and remove from the servers all User Content posted by him. From the moment of
termination of registration, the agreement with the USER is considered
automatically terminated.
8.5.
MA has the right to place on each of the pages of the ma-emirates.com website,
including User Profiles, electronic links, advertising banners, and other forms
of advertising for goods and services offered by MA or third parties, as well
as electronic links and advertising banners pointing to the web. -sites beyond
the control of MA. MA is not responsible for the content, reliability and
legality of such Internet pages or resources and services or resources that
became known to the USER when using the services of the site ma-emirates.com.
8.6.
When the USER activates the possibility of providing advertising space on the
blog, MA has the right, but not the obligation, at its discretion to place
materials on it under
8.7.
MA has the right to send commercial messages to USERS to offer information and
advertising about its own products and/or services provided by other commercial
companies, make inquiries on various issues, conduct surveys and more. By
accepting these General Terms and Conditions, the USER agrees to receive
commercial communications from MA.
8.8.
MA has the right, but not the obligation, at its sole discretion and without
warning, to suspend access to User Content and/or remove it when it is
inconsistent with the requirements outlined in these General Terms and
Conditions.
8.9.
MA is not obligated to suspend access and/or remove User Content posted on the
ma-emirates.com Website at the request of the USER who posted it.
8.10.
MA has the right, at its sole discretion and without notice, to temporarily
suspend or restrict the USER's access to the Services in accordance with clause
2.3., as well as the access of other USERS to the User Content posted by him,
when, at the discretion of MA or in accordance with information received from
third parties, the USER uses the Services in violation of UAE law, these
General Terms and Conditions, good manners or other applicable regulations.
8.11.
MA reserves the right to temporarily or permanently suspend the provision of
certain Services available through the ma-emirates.com website by notifying the
USER by a message on the respective websites or in his User Profile.
IX.
INTELLECTUAL PROPERTY
9.1.
By posting User Content in any form on the MA.bg website, the USER grants MA a
non-exclusive right to use, record, store, and distribute it publicly on the
Internet, including providing access to it to an unlimited number of people in
a way that allows this access from a place and at the time individually chosen
by each of them, without paying a fee for it and without territorial
restrictions (for the whole world). The right under the previous paragraph is
granted for the duration of the User Content on the MA server and for a
reasonable period after its removal or deletion.
9.2.
When using the Services in accordance with these General Terms and Conditions,
the USER has access to a variety of content and resources that are subject to
copyright or other intellectual property rights of MA, other USERS or persons
specified accordingly. The USER has access to the content to use it for
personal purposes in accordance with these General Conditions and has no right
to use, record, store, reproduce, modify, adapt or publicly distribute
intellectual property objects that have become available to him when using the
Services, except secondary information intended for personal use, provided that
the legitimate interests of authors or other intellectual property owners are
not unlawfully infringed if copying or reproduction is carried out for illegal
purposes. -commercial purposes, as well as if the relevant content was provided
to them or obtained the express consent of the respective copyright holders.
Notwithstanding the preceding, the USER has no right to remove the trademark
and other intellectual property rights from its accessible materials,
regardless of whether the relevant rights owner is MA or another USER.
9.4.
Intellectual property rights to all intellectual property objects - materials,
databases and other resources located on the Site, except for User Content held
by the USERS of the ma-emirates.com Site, are subject to protection following
the Law on Copyright and Related Rights and/or the Law on trademarks and
geographical indications are owned by MA or the respective assignee of MA, and
may not be used in violation of applicable law.
9.5.
If the USER believes that another user has infringed his intellectual property
rights, he must notify MA in writing to the management address specified in
these General Terms and Conditions, or by letter sent to the email address
specified to contact MA. The notice must contain an accurate identification of
the material that is claimed to be published in violation of intellectual
property rights, an indication of the person or persons whose intellectual
property rights have been infringed, and the basis on which these persons
became the holders of the corresponding right, as well as the address and
telephone number for contacting USER. MA, at its sole discretion, takes the
actions specified in the paragraph.
Х.
RESPONSIBILITY. LIMITATION OF LIABILITY
10.1.
of these General Terms and Conditions.
10.2.
MA takes care to provide the USER with the possibility of normal Use of the
Services, but since their provision is free of charge, it does not assume any
obligation and does not guarantee that they will meet the USER's requirements
or that they will be uninterrupted, timely or secure. By accepting these
General Terms and Conditions, the USER declares that the Use of the Services
provided will be carried out solely at its own risk and responsibility, and the
parties agree that MA shall not be liable for any damage caused to the USER
when using the Services provided.
10.3.
MA is not responsible for the availability and quality of goods and the content
of services brought to the attention of the USER by posting on the Site
electronic links, advertising banners and advertisements for the sale of goods
and the provision of services by third parties and/or attaching them to the
text of commercial messages sent to him at the address e-mail specified by him
during registration or generated during registration. Since the actions of
these third parties are not under the control of MA, it is not responsible for
the illegal nature of the activities of third parties or for the emergence,
guarantee, performance, modification and termination of obligations and
obligations in connection with goods and services offered by third parties, and
is not liable for damages and lost profits resulting from these relations.
10.4.
MA is not responsible for the failure to provide services due to circumstances
beyond its control - in cases of force majeure, random events, problems in the
global Internet and the provision of services beyond the control of MA, or
problems associated with the USER's equipment. , as well as in the case of
unregulated access or interference of third parties in the functioning of the
information system or MA servers.
10.5.
MA is not responsible for any damage caused to the software, hardware, or
equipment of the USER or for any data loss as a result of searching,
downloading, or using materials or resources in any way through the Services
provided.
10.6.
MA is not liable to the USER and third parties for damages and lost profits
that occurred as a result of the termination, suspension, modification, or
limitation of the provision of any of the Services provided for the Use of the
Services, deletion, return, non-receipt, change, loss, unreliability, the
inaccuracy or incompleteness of any items, messages, materials or information
used, recorded or made available through the ma-emirates.com website.
10.7.
The parties agree that MA is not responsible for the failure to provide the
Services or their provision with reduced quality as a result of tests conducted
by MA to check equipment, connections, networks, etc., as well as tests aimed
at improving or optimizing the Services provided. In these cases, MA notifies
the USER in advance of a possible temporary non-delivery, respectively, a
deterioration in the quality of the Services.
10.8.
By accepting these General Terms and Conditions, the USER declares that he is
aware of possible interruptions and other problems when connecting to the
Internet on the ma-emirates.com website, which may occur regardless of the
attention taken by MA. The USER declares that he will not demand any
compensation from MA for lost profits, damages, or inconvenience due to the
occurrence of the interruptions above or difficulties in the Internet
connection, including with regard to the bandwidth of this connection.
10.9.
MA is not responsible for and is not obligated to indemnify a person whose
personal data is used by another person to use the Services provided by MA,
regardless of whether he has given his consent to this or not.
XI.
RIGHTS OF MA IN THE EVENT OF CONSUMER DEFAULT
11.1.
MA has the right to suspend, limit, or change the services provided by the website
ma-emirates.com for an indefinite period.