GENERAL TERMS OF SITE USE
This document contains the General Terms and Conditions of the Agreement for the use of services provided by Smilefood LLC through the website for online orders “www. smilefood.ae” (“General Terms and Conditions”), and governs the relationship between SMILEFOOD LLC and each of the users of the www. smilefood.ae.
In the interpretation and application of these General Terms and Conditions, the terms and expressions used have the following meaning:
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. SUSHI SMILEFOOD RESTAURANT MANAGEMENT (hereinafter referred to as SMILEFOOD) is a commercial company with EIC: 206906207, with headquarters and management address: Dubai, Garden Gate 27, opposite Butterfly, Arjan, 3Al, 23046 72873, which provides services in accordance with these General Terms and Conditions, through the site administered by him: https://smilefood.ae.
1.3. smilefood.ae/Website smilefood.ae 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 certain 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 own 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 normal 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, which may be integral or stand-alone.
1.7. "Information System" is a device or a system of related devices that or any of which is 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 SMILEFOOD Call Center and the smilefood.ae website.
1.9. "User profile" is a separate part of smilefood.ae containing information about the user provided by him during registration and stored by smilefood.ae, and 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 smilefood.ae.
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 smilefood.ae for the purpose of making them available through the smilefood.ae website to all other USERS.
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, picture, image, 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 the goods, services, or reputation of a person in a trade, craft, or regulated profession.
II. SUBJECT OF THE CONTRACT
2.1. SMILEFOOD, through the website smilefood.ae, provides the USER with the services provided for in these General Terms and Conditions (hereinafter referred to as the "Services") online, subject to strict compliance with the latter requirements set forth in these General Terms and Conditions. .
2.2. Part of the Services of the Smilefood.ae 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 smilefood.ae 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 smilefood.ae, as well as User Content published on the website smilefood.ae;
2.3. The use of part of the Services on the smilefood.ae 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 smilefood.ae in connection with the offer, access and use of paid services through the Website www.smilefood.ae is governed by the rules described in the General Conditions for Use of the relevant paid services available through the Smilefood.ae Website.
III. APPLICATION AREA. AGREEMENT WITH TERMS
3.1. These General Terms and Conditions apply to USERS who have registered on the smilefood.ae website (“registered USERS”). These General Terms and Conditions apply accordingly to USERS who have not registered with smilefood.ae (“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://smilefood.ae 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 smilefood.ae website. In any use of the services and resources of the smilefood.ae website, including when opening a web page from the smilefood.ae website, as well as when clicking on an electronic link from the header (home) or any other web page of the smilefood.ae website, USERS declare that they are familiar with these General Terms and Conditions, agree with them and undertake to comply with them.
3.3. In order to be able to use the services in accordance with 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://smilefood.ae.
3.3.1 During the registration process, by checking the box "I agree to the General Terms and Conditions of smilefood.ae" 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 smilefood.ae. When filling out the registration form, the USER is obliged to provide complete and correct data about his identity, respectively the identity of the USER, and other data required by the smilefood.ae 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 in a timely manner.
3.3.3 If the personal data required in the registration form is not provided, smilefood.ae has the right to refuse registration.
3.3.4 In case of providing incorrect data or not reflecting the changes that have occurred, smilefood.ae 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 that he requested. Through them, the USER gets access to his User Profile, as well as the opportunity to use the Services in accordance with 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 in accordance with clause 2.3. smilefood.ae 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 smilefood.ae in case of unauthorized access, as well as 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 smilefood.ae Website containing information about the registered USER provided during the registration process and stored on the smilefood.ae server. Through his user profile, the USER can use, configure, activate or deactivate the use of various services in accordance with clause 2.3. smilefood.ae to manage the smilefood.ae hosted by him. User Content, update registration information, change password and security question and answer, terminate registration on smilefood.ae, etc.
4.7. In order to gain access to the paid services of the site smilefood.ae, the USER must register on the indicated web page or perform other actions in accordance with 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 under another name (under another name) is prohibited. smilefood.ae may refuse to register a person who is 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 termination of the use of the Services under clause 2.2.;
b) for registered USERS - for an indefinite period from the date of registration of the USER until termination of the contract in accordance with 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 SMILEFOOD 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 also in the event of a change in economic conditions.
6.2. When changes are made to the General Terms and Conditions, SMILEFOOD will bring them to the attention of USERS by publishing them on the website smilefood.ae. SMILEFOOD provides USERS with a two-week period to familiarize themselves with the changes in the General Terms and Conditions, after which they come into force.
6.3. These General Terms and Conditions, as well as future changes thereto, also apply to existing registered USERS from the date of their entry into force. On time according to clause 6.2. they have the option to indicate by sending a SMILEFOOD message that they reject the changes. In the event that a declaration of rejection of the changes is not received by SMILEFOOD, the USER shall be deemed bound by them.
A statement by a registered USER that he does not agree with the changes in the General Terms and Conditions will lead to the automatic termination of the contract between the USER and SMILEFOOD for the use of the services provided through the smilefood.ae website, in which, in the case of SMILEFOOD, 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 SMILEFOOD.
7.2. The USER has the right to access online the Services provided through the smilefood.ae Website in accordance with the conditions and access requirements established by SMILEFOOD.
7.4. The USER undertakes, when using the services provided by SMILEFOOD, not to upload, place on the SMILEFOOD 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 Bulgarian 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 on the basis of 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 SMILEFOOD:
a. not commit malicious acts within the meaning of these General Terms and Conditions;
b. immediately notify SMILEFOOD 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 SMILEFOOD 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. smilefood.ae, 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 SMILEFOOD 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 in accordance with 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 smilefood.ae website, including User Content, solely for personal non-commercial use in accordance with the requirements of these Terms.
7.8. The USER undertakes not to install or attempt to gain unauthorized access to the services provided by smilefood.ae 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 smilefood.ae 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 SMILEFOOD
8.1. SMILEFOOD undertakes to exercise due care so that the USER can use the Services normally.
SMILEFOOD Complaints Policy
We at SMILEFOOD promise to be at your door with your order within the timeframe that was announced when you placed your order.
WE, SMILEFOOD, are committed to delivering your order within 75 minutes.
In case of high workload, leading to temporary difficulties for SMILEFOOD in compliance with the specified delivery time in the area where the USER's delivery address is located, SMILEFOOD has the right to refuse to accept the order, notifying the USER in a timely manner that his order cannot be accepted.
SMILEFOOD 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.
One free cutlery and one free carton are provided with each main meal ordered. When ordering a portion of sushi, one free set of sushi chopsticks is placed, if you want additional dishes or chopsticks, you need to pay for them.
8.1.4. SMILEFOOD 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, SMILEFOOD recommends that you consume the delivered products within the above period. After this period, SMILEFOOD 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 +359 887 24 64 44 If your complaint notification is sent after this period, SMILEFOOD is not required to follow the complaints acceptance policy.
Calls to +359 887 24 64 44 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 a 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, SMILEFOOD 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. SMILEFOOD 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. . SMILEFOOD 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. In accordance with the requirements of the current legislation of the UAE, SMILEFOOD stores information materials and resources located by the USER on the smilefood.ae 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 SMILEFOOD or third parties , as well as in cases where the relevant state authorities require the same in due course.
8.4. If the User Profile is not used by the USER within 60 days after registration or after 120 days from the date of its last use, SMILEFOOD 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. SMILEFOOD has the right to place on each of the pages of the smilefood.ae website, including in User Profiles, electronic links, advertising banners and other forms of advertising for goods and services offered by SMILEFOOD or third parties, as well as electronic links and advertising banners pointing to the web. -sites beyond the control of SMILEFOOD. SMILEFOOD 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 smilefood.ae.
8.6. When the USER activates the possibility of providing advertising space on the blog, SMILEFOOD has the right, but not the obligation, at its discretion to place materials on it under
8.7. SMILEFOOD has the right to send commercial messages to USERS in order to offer information and advertising about its own products and / or services offered 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 SMILEFOOD.
8.8. SMILEFOOD 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 set forth in these General Terms and Conditions.
8.9. SMILEFOOD is under no obligation to suspend access and/or remove User Content posted on the smilefood.ae Website at the request of the USER who posted it.
8.10. SMILEFOOD 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 SMILEFOOD 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. SMILEFOOD reserves the right to temporarily or permanently suspend the provision of certain Services available through the smilefood.ae 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 smilefood.bg website, the USER grants SMILEFOOD a non-exclusive right to use, record, store, 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 SMILEFOOD server, as well as 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 SMILEFOOD, other USERS or persons specified accordingly. The USER has access to the content for the purpose of using 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, with the exception of 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 in the event that the relevant content was provided to them or obtained the express consent of the respective copyright holders. Notwithstanding the foregoing, the USER has no right to remove the trademark and other intellectual property rights from its accessible materials, regardless of whether the owner of the relevant rights is SMILEFOOD 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 smilefood.ae Site, are subject to protection in accordance with the Law on Copyright and Related Rights and / or or the Law on trademarks and geographical indications are owned by SMILEFOOD or the respective assignee of SMILEFOOD, and may not be used in violation of applicable law.
9.5. In the event that the USER believes that his intellectual property rights have been infringed by another user, he must notify SMILEFOOD in writing to the management address specified in these General Terms and Conditions, or by letter sent to the email address specified to contact SMILEFOOD. 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. SMILEFOOD, at its sole discretion, takes the actions specified in paragraph.
Х. RESPONSIBILITY. LIMITATION OF LIABILITY
10.1. of these General Terms and Conditions.
10.2. SMILEFOOD 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 SMILEFOOD shall not be liable for any damage caused to the USER when using the Services provided.
10.3. SMILEFOOD 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 SMILEFOOD, 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 this. with goods and services offered by third parties, and is not liable for damages and lost profits resulting from these relations.
10.4. SMILEFOOD 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 in the provision of services beyond the control of SMILEFOOD, problems associated with the USER's equipment. , as well as in case of unregulated access or interference of third parties in the functioning of the information system or SMILEFOOD servers.
10.5. SMILEFOOD is not responsible for any damage caused to the software, hardware or equipment of the USER, or for any loss of data as a result of searching, downloading or using in any way materials or resources through the Services provided.
10.6. SMILEFOOD 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 smilefood.ae website.
10.7. The parties agree that SMILEFOOD is not responsible for the failure to provide the Services or their provision with reduced quality as a result of tests conducted by SMILEFOOD to check equipment, connections, networks, etc., as well as tests aimed at improving or optimizing the Services provided. In these cases, SMILEFOOD 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 the possibility of possible interruptions and other problems when connecting to the Internet on the smilefood.ae website, which may occur regardless of the attention taken by SMILEFOOD. The USER declares that he will not demand any compensation from SMILEFOOD for lost profits, damages or inconvenience due to the occurrence of the aforementioned interruptions or difficulties in the Internet connection, including with regard to the bandwidth of this connection.
10.9. SMILEFOOD 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 SMILEFOOD, regardless of whether he has given his consent to this or not.
XI. RIGHTS OF SMAFLFOOD IN THE EVENT OF CONSUMER DEFAULT
11.1. SMILEFOOD has the right to suspend, limit or change the services provided by the website: smilefood.ae for an indefinite period.