[last update Monday 21/05/2018 16:00 Dubai]
Welcome to our website. If you continue to browse and use this website and its related sub-domains, sites, services and tools (the “Site”), you are agreeing to comply with and be bound by the following terms, which together with the linked information contained herein, govern Epicure Catering Services LLC’s relationship with you in relation to this Site (the “Terms and Conditions”). These Terms and Conditions govern the use of the Site and the sale and purchase of the products listed on the Site. If you disagree with any part of these Terms and Conditions, please do not access, register or use this Site. Your continued use of the Site is an indication of your acceptance of the Terms and Conditions, which are effective upon acceptance.
The term “Epicure” or “us” or “we” refers to Epicure Catering Services LLC, the owner of the Site, whose registered office is PO Box 213124, Dubai, UAE. Our company registration number is 574957 registered under the laws of Dubai, UAE. The term “you” or “your” or “user” refers to the user or viewer of the Site.
2. Eligibility for Membership
Epicure wishes to ensure that its users are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore, membership of the Site is not available to persons under the age of 18 years. By using the Site and registering for our services you represent that you are 18 years of age or older, or are using the services in the presence and at the consent your parent or legal guardian. Without prejudice to any other rights and remedies available to Epicure under the Terms and Conditions or at law, Epicure reserves the right to limit or withdraw access to the Site or the membership of any person if Epicure believes, at its sole discretion, that person is under the age of 18 years and is not authorized by an adult or guardian to use the Site. The Site is not available to persons whose membership has been suspended or withdrawn by Epicure.
3. Binding your Business
If you are registering as a business entity, you represent that you have the authority to bind that entity to the Terms and Conditions and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
5. Electronic Communications
Any and all communication by Epicure will be sent electronically either by email, text, in-app push notifications, any other electronic means of communication or will be posted on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, unless otherwise required by applicable law. You automatically opt in and agree to receiving promotional emails from Epicure during registration. You can opt out of receiving such promotional emails at any time by contacting us or through a link provided at the bottom of each email. In reverse any communication sent to us must be sent to the contact details posted on this Site.
6. Your Account
Upon registration to the Site you will be required to provide certain information and register a username and password for use of this Site. You are responsible to safeguard your account information and password and to restrict access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Epicure if you become aware of any unauthorized use of your account or any other breach of security.
Epicure will not be held liable for any direct, indirect or consequential loss, loss of profit, goodwill or damage arising from or in connection with the authorized or unauthorized use of your account.
You may not use another person’s account at any time without the consent of the account holder. You agree to indemnify Epicure for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the account, whether through your consent or not.
You are responsible to provide us with true, accurate, updated and complete information about yourself and shall inform us of any changes to the information you have provided to us.
You will ensure that your password will be very complex as to ensure any hacking thereof has been made very difficult. You agree not to use the word “Epicure” in your user ID or password.
You will treat any other member’s information provided to you by Epicure or any other user with the same level of confidentiality as you would your own information.
We reserve the right, should we become aware or have reasonable grounds to suspect that any information provided by you is incorrect, expired or incomplete or in breach of the Terms and Conditions, to indefinitely suspend, limit or cancel your access to the Site and/or your account.
7. Documentation & Verification
Epicure may (in its sole discretion and at any time) verify your identity or your payment capabilities by making inquiries directly or through a third party and request that you provide it with further information or documentation.
If you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, any corporate documents, documentation showing who the authorized representative of your company is and any identification of such person.
If you refuse to comply with Epicure request to provide information you acknowledge and agree that we may terminate, limit or withhold your access to the Site and/or your account. We also reserve the right to cancel accounts that have been inactive for a long time.
8. Feedback and Reviews
You may post, share or submit any feedback, reviews, comments, suggestions, ideas, questions or other information or content whatsoever on the Site (the “User Content”). You must not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Your User Content must not be illegal, obscene, abusive, threatening, defamatory, invasive of privacy, consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam” and must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Epicure or a third party (in each case under any applicable law). You must not submit any User Content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Epicure reserves the right to edit or remove any material submitted to the Site, or stored on our servers, or hosted or published on the Site.
You are solely responsible for the User Content and Epicure does not undertake to monitor any content posted on the Site.
You grant Epicure a worldwide, perpetual, irrevocable, non-exclusive, royalty-free right to use, reproduce, adapt, publish, translate and distribute any information or material, personal or otherwise, to the User Content in any existing or future media, known or unknown. You also grant Epicure the right to sub-license these rights, and the right to bring an action for infringement of these rights.
9. License to use Site
Unless otherwise stated, Epicure, its users, its content suppliers and/ or its licensors own all content included on the Site, including without limitation any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, confidential information, trade and business names, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and any other material on the Site (the “Intellectual Property”). Subject to the license below, all these Intellectual Property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the Site for your own personal use, subject to the restrictions set out below and elsewhere in the Terms and Conditions.
You must not:
- republish material from this Site (including republication on another website);
- sell, rent or sub-license or other commercial use of any material of or service offered on the Site;
- reproduce, duplicate, copy, distribute, publish or otherwise exploit material on this Site for a commercial purpose;
- edit or otherwise modify any material on the Site other than your User Content; or
- collect and use email addresses, ratings, feedback, listings or any other information of other users or conduct any data extraction or data mining; and
- redistribute material from this Site, except for content specifically and expressly made available for redistribution, other than your User Content.
“Epicure” and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of Epicure are protected by intellectual property rights and laws and Epicure reserves all rights of title and interest thereto. Epicure’s trademarks may not be used in connection with any product or service that is not Epicure’s nor in any manner that may be harmful to Epicure. Any goodwill accruing out of the use of Epicure trademarks, service marks and trade and business names shall be to the benefit of and vest in Epicure. All other trademarks not owned by Epicure that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Epicure.
11. Restrictions on the Use of the Site
You must not misuse this Site. You will not:
- commit or encourage a criminal offense;
- transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of the Site or another users account, corrupt data, manipulate or attempt to manipulate any information published on the Site or interfere with the Site in any way;
- infringe upon the rights of any other person’s intellectual proprietary rights, rights to privacy or the Site’s Intellectual Property or copyright or trademarks;
- send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Site;
- post false, fraudulent, inaccurate, misleading, defamatory, slanderous, unlawfully threatening statements or information that would be reasonably considered to constitute harassment;
- publish comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate comments;
- post obscene, indecent, offensive content or content which is contrary to public interest or public morals, values, ethics or tradition or religion;
- submit any content or information which does not comply with the laws and regulations of the United Arab Emirates or any other country in which this Site operates;
- solicit contacts generated through the Site or otherwise gain an advantage of contacts made through the Site;
- mislead Epicure or other users in any way with regards to sales, purchases, offers, deliveries or any other service offered in the Site;
- undermine the Site’s feedback and comments sections.
12. Prices and Delivery Charges
You must pay for purchases via your credit or debit card or paypal account or by providing cash on delivery. By pressing the check-out button you agree to pay the displayed value of the listed item in question and any delivery charges shown on the Site at check-out to us. Your credit or debit card or paypal account will be verified through a specialized system, however, the amount will only be debited once a transaction confirmation has been sent to you or posted on the Site by us.
Items will be offered to you for sale at a fixed price displayed in Arab Emirates Dirhams. Unless otherwise agreed by us in advance in writing, the price of any items sold on the Site are displayed inclusive of any customs, import, export, duties, value added or other turnover taxes imposed by the relevant authorities and we will not charge or attempt to charge you for any of the aforementioned charges in addition to the price posted on the Site.
Delivery charges are applicable to certain products depending on the method of delivery chosen by you and shall be clearly displayed on the checkout page and are in accordance with the delivery charge schedule posted by Epicure (as may be amended from time to time and any amendments shall be applicable from the date we post them).
Unless otherwise stated, all fees shall be quoted in Arab Emirates Dirhams and must be paid in advance by credit or debit card or via your paypal account or in cash on delivery.
Your order is an offer to Epicure to buy the product(s) chosen by you and by clicking the check-out button you are confirming your offer to us. This is not a confirmation of our acceptance to enter into a binding agreement with you for the purchase of the item(s) ordered. The contract will be concluded once we send a confirmation email informing you that the item(s) you ordered have been dispatched or that the items are ready for collection at our store. We endeavor to dispatch all available items within three (3) Business Days of receipt of the order, otherwise we will inform you as soon as possible if an item(s) you ordered is not available. If your order is dispatched in more than one package, you may receive separate order confirmation emails and dispatch confirmation emails for each package.
Without affecting your right of withdrawal set out below, you can cancel your order for a product at any time before we send the order confirmation email.
You are responsible to inspect the item upon delivery and must make any claims with regards to the item within the same day of delivery of the item.
Upon check-out you will be provided with two (2) delivery options: a) you may opt for delivery to your shipping address and you will be charged the delivery charge stipulated on check-out; or b) you may opt to pick up the order from our store during opening hours as indicated to you in the email confirming that the item(s) are ready for pick up by you.
15. Returns and Refunds
Upon delivery if the item is spoilt or damaged we will only provide a refund or replacement of the item if you provide us with clear proof in the form of pictures of the spolit or damaged item on the same day as the delivery. We will not accept any complaints or requests for refund or replacement if the complaint is not received on the same day of delivery.
Any spolit items will be collected by us within 1 working day from the date of delivery and will be destroyed in accordance with the relevant rules and regulations applicable in the United Arab Emirates.
16. Linking to the Site
You may link to the Site on any website owned by you or through social media platforms, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website or social media page that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of this Site other than your website. We reserve the right to withdraw linking permission without notice.
17. Third Party Websites
Links to third party websites may be included in the Site, however, you agree that we are not responsible for any third party websites or for the content featured on such websites and any link to such websites is not an endorsement by us of such websites. We cannot guarantee that such websites will be free of viruses or errors which may be harmful to your computer system and you agree to use such websites at your own risk.
18. Your Representations and Warranties
You represent and warrant that:
- you are 18 years of age or older or are using the Site together with a parent or guardian and your use of the Site is supervised at all times;
- if you are a business, you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered;
- if you are a corporate representative, you have authority to bind the corporate entity;
- you will inform Epicure of any violations of the Terms and Conditions which you become aware of;
- you shall comply with all applicable domestic and international laws and regulations relating to your use of the Site, the items and the transaction;
- you will not disclose your contact details (phone numbers, addresses, or email addresses) anywhere on the Site except as prompted by us for the purpose of registering and maintaining your account;
- you will not collect or gain access to information about other users or their contact information;
- you shall keep confidential any information about other users you may have been provided or gained access to and shall not disclose, in a manner which (in our sole discretion) may constitute a breach of privacy and/or applicable laws, any such information.
19. Health and Safety
We represent that all items will be produced, packaged and delivered in accordance with all relevant food safety laws applicable in the United Arab Emirates.
20. Breach of Terms and Conditions
Without prejudice to any other rights and remedies of Epicure under these Terms and Conditions, at law or otherwise, in the event you breach the Terms and Conditions in any way, Epicure may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site, remove any User Content, warn other users of your actions, and/or bringing court proceedings against you at any time without notice:
- If you breach the Terms and Conditions;
- If Epicure is unable to verify or authenticate any information you provide; or
- If Epicure believes (in its sole discretion) that your actions may cause legal liability for you, other users or Epicure; or
- If you commit a criminal offense by way of your use of the Site in which case Epicure shall immediately report any criminal offense to the relevant authorities and disclose your identity to them.
Notwithstanding the foregoing, in the event of breach of the Terms and Conditions Epicure reserves the right to recover any amounts due and owing by you to Epicure or any losses and damages caused by you to Epicure and to take such steps including legal action and/or the initiation of criminal proceedings against you as Epicure in its sole discretion deems necessary.
21. Termination and Right to Withdraw Access
Epicure reserves the right to, at its sole and absolute discretion, immediately without notice, limit, restrict or withdraw access to the Site or the account, delete or edit any listings or other User Content, or take any such steps at it deems necessary.
You may terminate your participation in the Site and cancel your user account at any time by giving notice to Epicure.
Upon termination, all rights and obligations of the parties under the Terms and Conditions will be terminated, except clauses 21-31 and to the extent necessary to process any orders placed prior to such termination including any fees payable to Epicure.
Epicure provides the Site and its services on an “as is” and “as available” basis and Epicure disclaims all warranties or guarantees of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. Epicure makes no representations or warranties about the accuracy, availability, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that error free and/or that uninterrupted service will be provided. Epicure does not warrant that it will correct any defects or that the Site or its servers are free from viruses or anything else which may be harmful or destructive. Epicure disclaims all warranties or guarantees that any information, content, material or products offered on the Site will be as represented or available for sale when listed. You acknowledge that you have relied solely on your own investigations, examinations and inspections and have been afforded the opportunity for full and complete investigations, examinations and inspections of any goods or services offered on the Site. You expressly agree that you use the Site at your own risk.
23. Limitation of Liabilities
To the fullest extent permitted by law, Epicure, its officers, employees, agents, affiliates and representatives shall not be liable for any loss or damage whatsoever, whether direct, indirect, incidental, special, punitive, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, reputation, income, profits or savings, business relationships or contracts, opportunity, data or other intangible losses or corruption of information arising out of or in connection with your use of the Site, its services or the Terms and Conditions, any inability to use the Site or resulting from any transaction entered into through the Site or messages received or feedback or ratings posted on the Site (however arising, including negligence or otherwise and whether or not Epicure has been advised of the possibility of such losses or damages).
If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it.
24. Exceptions to Limitation of Liability
Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit Epicure liability in respect of any:
- death or personal injury caused by Epicure negligence;
- fraud or fraudulent misrepresentation on the part of Epicure; or
- matter which it would be illegal or unlawful for Epicure to exclude or limit, or to attempt or purport to exclude or limit, its liability.
You agree to defend, indemnify and hold Epicure and its affiliates, officers, employees, agents and representatives harmless from any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), incurred due to or arising out of your breach of the Terms and Conditions, or your violation of any law or the rights of a third party.
26. No Waiver
Our failure to enforce the strict performance of any provision of the Terms and Conditions will not constitute a waiver of Epicure right to subsequently enforce such provision or any other provisions of the Terms and Conditions.
27. Amendments to the Terms and Conditions
You acknowledge and agree that Epicure may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this Site. Please check this page regularly to ensure you are familiar with the current version.
If any clause of the Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the Terms and Conditions. The Terms and Conditions (as amended from time to time in accordance with the terms of the Terms and Conditions) sets forth the entire understanding and agreement between you and Epicure with respect to the subject matter hereof.
None of the provisions of the Terms and Conditions shall be deemed to constitute a partnership or agency between you and Epicure and you shall have no authority to bind Epicure in any manner whatsoever.
Epicure may transfer, sub-contract or otherwise deal with it rights and/or obligations under the Terms and Conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under the Terms and Conditions.
No person who is not a party to the Terms and Conditions shall have any right to enforce any term of the Terms and Conditions.
If the Terms and Conditions is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
29. Governing Law
These Terms and Conditions are governed by, and construed in accordance with, the laws of the United Arab Emirates. This clause will survive any expiry or cancellation of the Terms and Conditions for any reason.