Terms & Conditions

Welcome to the EMAR EAT DMCC (“EMAR EAT”, “we” or “us”) website located at www.emareat.com and/or a subdomain thereof (“Site”). Please read these Terms of Service (“Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of our Site and our services accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services”.

 

-Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.

-United Arab of Emirates is our country of domicile.

-Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.

-If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.

-The cardholder must retain a copy of transaction records and Merchant policies and rules.

-We accept payments online using Visa and MasterCard credit/debit card in AED

 

 

1. Agreement to Terms.

By using our Services, you agree to be bound by these Terms. If you do not agree to the Terms, you are not authorized to access or otherwise use the Services.

 

2. Privacy Policy.

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.


3. Our Services.

(a) We provide an online marketplace that enables Account holders who prepare home made food products (each, a “Specialty Food”) (“Brands”) to sell such Specialty Food to Account holders who wish to purchase them (“Customers”).

We do not sell Specialty Food and we are not a party to the transactions between Brands and Customers.

(b) We hold quality standards in high regard and want to make sure that both Brands and Customers get the best experience from using our Services. For this purpose, we verify that Brands are licensed to sell products, as described in these Terms. However, we do not conduct background checks, vet or otherwise verify the identity, integrity, or trustworthiness of Brands or any other Users. We also do not guarantee (i) the quality or safety of the Specialty Food provided by Brands, or (ii) the ability of Customers to pay for the Specialty Food. We encourage you to exercise diligence and caution in all your interactions with other users when using the Services.

(c) You acknowledge and agree that Customers and Brands are independent individuals acting at their own accord, at their own expense, through their own resources, and at their own risk.

 

4. Changes to the Terms or Services.

We may update these Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site and App or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

 

5. Who May Use the Services?

(a) Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with EMAR EAT, and are not barred from using the Services under applicable law.

Minors under the age of 18 shall are prohibited to register as a User of this website and are not allowed to transact or use the website.

(b) Registration and Your Information. If you want to use the Services as a Brands or a Customer, you must create an account (an “Account”). You can do this via the App. If you want to use the Services as a Customer. If you want to create an Account as a Brands, please refer to Section 6 for additional information.

(c) Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

 

6. Brands Account.

The following terms apply if you want to create an Account as a Brands:

(a) To create an Account as a Brand, you must register via App and you must provide us with: (i) Valid trade license issued by government economy department of respective Emirate of United Arab Emirates

(b) Registering a Brand Account via App and submitting valid license does not guarantee that your Account will be approved. License, menu review process and the decision on the approval of the Brand Account is in all aspects subject to our sole and absolute discretion. The title “Licensed Brand” is granted to Brand applicants who meet our own quality standards, and have passed our Brand onboarding processes, described in section 6(a) above.

(c) Upon approval of your Brand Account, you will be allowed to complete your profile on the Services and start offering Specialty Food for sale.

7. Terms Specific to Brands. 

If you are a Brand, you agree to the following terms:

(a) You agree to only offer to sell Specialty Food through the Services according to the terms and conditions of your emirate and UAE economy department trade license and municipality.

(b)  You are responsible for all costs and expenses related to the preparation of the Specialty Food and your use of the Services, including, without limitation, cooking tools and equipment, and ingredients.

(c) You acknowledge and agree that Customers who purchase your Specialty Food may provide public feedback about you and your Specialty Food which may be visible to all users of the Services, and that you are not given the opportunity to respond to such feedback. Such feedback may be in the form of star ratings, individual comments, and/or any other feedback mechanism that we make available on the Services at our sole discretion. You further acknowledge and agree that such feedback may be provided by Customers in person or on other digital platforms.

(d) You acknowledge and agree that we do not have any obligation to pay you any monies – in cash, in kind, or otherwise – other than submitting your Earnings to you, as set forth in Section 9 below.

(e) You agree to comply at all times with all standards of quality, safety and cleanliness required applicable laws and regulations, including applicable food handling requirements, fire codes, zoning requirements and any required health and safety inspections. You are solely responsible for compliance with all such standards, laws and regulations, and you acknowledge and agree that approval of your Brand Account does not mean that we have vetted or otherwise verified your compliance with any laws or regulations. You also agree to maintain at all times all necessary licenses, permits, and certifications required to act as a Brand.

(f) As long as you comply with these Terms, you have the ultimate control over how frequently you prepare your Specialty Food, when you prepare them, when and how you offer them for sale, how you price them, and how you prepare them in terms of recipe, groceries, materials used, and preparation process.

(g) You agree to comply with all commitments you make when you offer your Specialty Food for sale through the Services, including the types of Specialty Food you offer, the price of the Specialty Food, and the date, and place at which it is being offered for pickup or delivery.

(h) You are solely responsible for calculating, collecting, and remitting any and all applicable taxes and other fees or payments, and completing and filing all necessary reports that may be applicable to you and your use of the Services. We are not your tax or legal advisor and we have no obligation to calculate, collect, and remit taxes or other fees and payments, or make any filings or submit reports, on your behalf. You are encouraged to seek the advice of legal, tax, or other professional counsel as regards your use of the Services.

(i) You may offer delivery or pick up service to Customers.

If you offer delivery you agree to deliver the Specialty Food on the selected date by the Customer and using means and methods approved by the local laws and regulations, EMAR EAT is not involved in any way in delivering the Specialty Food and you are the sole responsible for it.

If you offer Pick Up service, you agree to provide full and accurate address on the EMAR EAT app profile, and to be available at your address for Customer to Pick Up the Specialty Food on the date selected by the Customer.

(j) Customers have the option of paying via credit card or cash:

If Customer chooses credit card payment, the payment will be transferred to you not earlier than 14 days and no later than 30 days from the date of transaction.

If Customer chooses to pay cash, you are the sole responsible to collect the cash during pick up or delivery performed by you or your contractors.

You agree to pay EMAR EAT the “Brand Service Fee” no later than 14 days from the transaction, via bank transfer to EMAR EAT account.

(k) Customers may cancel their order while their order is pending, only once you confirm the order, the order amount shall not be refundable to the Customer.

(l) Customers may write specific instructions to their order, you must read those instructions and decline the order if the specific instructions cannot be performed, if you accept the order you must follow the instructions provided. EMAR EAT is not liable for any specific instructions not followed.

(m) You agree to be contactable on your phone number or email provided during registration, in case of important communications by EMAR EAT.

 

8. Terms Specific to Customers.

If you are a Customer, you agree to the following terms:

(a) By purchasing and choosing to Pick Up a Specialty Food, you agree to take all necessary actions to pick up the Specialty Food at the chosen date and location as per order detail.

(b) A Brand may offer you the option of having the Specialty Food picked up or delivered to you via the Services upon payment of the Delivery Fee (as defined below).  If you choose to have the Specialty Food delivered to you via the Services instead of picking it up yourself, Specialty Food will be delivered by the Brand directly to the delivery address specified by the Customer when placing the order. Deliveries are performed exclusively by the Brand itself, using their own delivery methods and contractors, and the brand is the sole responsible to deliver the Specialty Food according to the applicable laws and regulations. EMAR EAT does not perform any delivery and is not responsible for deliveries.

(c) If you choose delivery, you agree to be available at selected location at the selected date specified on the EMAR EAT app to receive the Specialty Food.

(d) If you choose cash as method of payment, you agree to pay the exact full amount in cash as per order detail during Pick Up or Delivery.

(e) You agree that once you place an order, you may cancel it only if still pending and not confirmed by the Brand, Once orders are confirmed by the Brand the order total amount is not refundable.

(f) Each Brand is solely responsible for compliance with laws and regulations applicable to the Brand’s activities in connection with the Services. You acknowledge and agree that approval of a Brand Account by us does not mean that we have vetted or otherwise verified the Brand’s compliance with any such laws and regulations.

(g) You acknowledge and agree that the information on the Specialty Food displayed on the Services, including description, ingredient list, allergens and dietary tags, if any, is provided by the Brands, NOT EMAR EAT. We do not verify or guarantee the accuracy of any such information. You further acknowledge and agree that a Specialty Food may be prepared in home kitchens using the same equipment that is used to prepare other allergens even if the allergen is not mentioned or marked as being absent from the Specialty Food. We will not be responsible for any illness, health problem or other loss, damage or death resulting from your reliance on the information on the Specialty Food displayed on the Services, or from your consumption of the Specialty Food.

(h) It is your responsibility to ensure that the Specialty Food purchased by you is safe to eat, including by refrigerating all perishable foods as soon as possible. You may refer to the local authorities of food safety guidelines.

(i) You acknowledge and agree that Brands may refuse service to anyone based at their own discretion, including if you violate these Terms.

(j) You acknowledge and agree other users of the Services may provide public feedback about you, which may be visible to all users of the Services, and that you may not be given the opportunity to respond to such feedback directly on the Services. Such feedback may be in the form of star ratings, individual comments, and/or any other feedback mechanism available on the Services at our sole discretion. You further acknowledge and agree that such feedback may be provided by users in-person or on other digital platforms.

(k) You may write reviews to the Brands respecting the local laws and regulations and without using any kind of verbal abusive or offensive words. EMAR EAT will remove any reviews anytime at EMAR EAT sole discretion.

(l) You may provide specific instructions to your order. Specific instructions are only a guideline provided by you, you acknowledge that it might not be read by the Brand, or not accepted or followed by the Brand, and Brand has the right to decline such instructions or decline the order.

 

9. Payment and Fees.

(a) Definitions.

Delivery Fee” means the fee charged by the individual Brand to the Customer if the Customer choses to have the Specialty Food delivered to her/him via the Services.

“Earnings” means the monies a Brand earns through selling Specialty Food via the Services, equal to the amounts paid by Customers for Specialty Food and delivery fee (if applicable) and actually received by EMAR EAT, calculated as the Specialty Food Price, delivery fee (if applicable) less the Brand Service Fee.

“Brand Service Fee” means the fee charged by EMAR EAT to the Brand for using the Services, as agreed in Brand contract.

Specialty Food Price” means the price of the Specialty Food determined by the Brand and payable by the Customer. The Specialty Food Price includes applicable sales or other taxes and charges payable by the Brand.

Orders, once confirmed by the Brand, are not refundable.

Refunds will be done only through the Original Mode of Payment.

emareat.com will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.

Multiple transactions may result in multiple postings to the cardholder’s monthly statement.

 

(b) Opening an Account. Opening an Account on the Services is free.

(c) Terms applicable to Brands.

If you are a Brand, you agree that we act as a limited payment collection agent for the sole purpose of collecting payments from Customers on your behalf and remitting the payments to you, net our Brand Service Fee. You further agree that:

We require payment of the Brand Service Fee when you sell a Specialty Food via the Services. You agree that the Brand Service Fee will be deducted and retained by EMAR EAT from the Specialty Food Price paid by the Customer when you sell a Specialty Food via the Services (i.e., before your Earnings are remitted to you).

1. We reserve the right to make any changes in the Brand Service Fee at our sole and absolute discretion. Any increase in the Brand Service Fee will be communicated to you at least thirty (30) days before it comes into effect. We may decide to offer incentives, discounts, and/or other promotions at our sole and absolute discretion and such offerings may be subject to additional terms and conditions.

2. Earnings will be remitted to you in accordance with the payment information registered with your Account (“Brand Payment Information”).

3. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Brand Payment Information. It is your responsibility to ensure that your Brand Payment Information is accurate, complete and up-to-date. We will not be responsible for the failure to complete the remittance of any Earnings to you if you provide inaccurate or incomplete Brand Payment Information.

4. For the avoidance of doubt, EMAR EAT only has an obligation and will only remit Earnings calculated based on amounts actually collected and received by EMAR EAT from Customers.

5. Customers have the option of paying via credit card or cash

6. If Customer chooses credit card payment, the payment will be transferred to you not earlier than 14 days and no later than 30 days from the date of transaction.

7. If Customer chooses to pay cash, you are the sole responsible to collect the cash during pick up or delivery performed by you or your contractors.

8. You agree to pay EMAR EAT the “Brand Service Fee” obtained from cash orders no later than 14 days from the transaction, via bank transfer to EMAR EAT account.

9. Customers may cancel their order while their order is pending.

Once the Brand confirms the order, the order amount shall not be refundable to the Customer.

10. If you have any questions about the calculation or payment of your Earnings, please contact EMAR EAT at info@emareat.com.

 

(d) Terms applicable to Customers.

If you are a Customer, you agree to the following terms:

1. You agree to pay the corresponding Specialty Food Price and, if applicable, Delivery Fee. You expressly authorize us (or our third-party payment processor) to charge you for each such Transaction (plus any applicable sales or other taxes and other charges). We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit or debit card and your email and postal addresses for billing and notification (such information, “Customer Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Customer Payment Information. When you initiate a Transaction, you authorize us to provide your Customer Payment Information to third parties so we can complete your Transaction and to charge your payment method for the Transaction (plus any applicable sales or other taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Customer Payment Information).

2. We may decide to offer discounts and/or other promotions at our sole and absolute discretion and such offerings may be subject to additional terms and conditions.

3. Orders, once confirmed by the Brand, are not refundable.

4. Refunds will be done only through the Original Mode of Payment.

 

 

10. Content Ownership, Responsibility and Removal.

(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any and all Content that you submit to or provide to made available through the Services.

(b) Our Content Ownership. EMAR EAT does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, EMAR EAT and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United Arab Emirates and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

(c) Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to EMAR EAT a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content, including for advertising and marketing purposes in any media or platform.

(d) Your Responsibility for User Content. You are solely responsible for your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by EMAR EAT on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You acknowledge and agree that while EMAR EAT has no obligation to vet, monitor, or control User Content, EMAR EAT reserves the right to refuse publishing certain User Content and/or remove any User Content at its sole and absolute discretion, with or without cause. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

(e) Removal of User Content. You can remove your User Content by specifically deleting it or contacting info@emareat.com. However, in certain instances, some of your User Content (such as reviews you submit) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

(f) Specialty Food Photos. If you are a Brand,  We may offer to take professional photographs of the Specialty Food you intend to offer for sale (“Specialty Food Photos”), which we make available to you for use on the Services. You acknowledge and agree that EMAR EAT exclusively owns all right, title and interest in and to the Specialty Food Photos, including all associated intellectual property rights. Subject to your compliance with these Terms, EMAR EAT grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to use the Specialty Food Photos solely on the Services and in connection with your Brand Account. You agree not to use the Specialty Food Photos for any purpose outside the Services. You further agree to stop using the Specialty Food Photos if they no longer accurately represent the Specialty Food  you are offering for sale.

(g) Rights in Content Granted by EMAR EAT. Subject to your compliance with these Terms, EMAR EAT grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

 

11. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info@emareat.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

 

12. Rights and Terms for Apps.

(a) Rights in App Granted by EMAR EAT. Subject to your compliance with these Terms, EMAR EAT grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. EMAR EAT reserves all rights in and to the App not expressly granted to you under these Terms.

(b) Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:

1. These Terms are concluded between you and EMAR EAT, and not with the App Provider, and EMAR EAT (not the App Provider), is solely responsible for the App.

2. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.

3. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of EMAR EAT.

4. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

5. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, EMAR EAT will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

6. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

7. You must also comply with all applicable third party terms of service when using the App.

 

13. Prohibited Use Policy. 

You agree not to do any of the following:

(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;

(b) Connect with, solicit, or otherwise engage with other users of the Services for any reason other than as envisioned by the Services in connection with our business line;

(c) Use, display, mirror or frame the Services or any individual element within the Services, EMAR EAT’s name, any EMAR EAT trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without EMAR EAT’s express written consent;

(d) Access, tamper with, or use non-public areas of the Services, EMAR EAT’s computer systems, or the technical delivery systems of EMAR EAT’s providers;

(e) Attempt to probe, scan or test the vulnerability of any EMAR EAT system or network or breach any security or authentication measures;

(f) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by EMAR EAT or any of EMAR EAT’s providers or any other third party (including another user) to protect the Services or Content;

(g) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by EMAR EAT or other generally available third-party web browsers;

(h) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(i) Use any meta tags or other hidden text or metadata utilizing a EMAR EAT trademark, logo URL or product name without EMAR EAT’s express written consent;

(j) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

(k) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

(l) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

(m) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

(n) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

(o) Impersonate or misrepresent your affiliation with any person or entity;

(p) You agree to NOT list or sell any of the following prohibited items:

Dangerous Chemicals. Any item that which in whole or in part is subject to a recall. Stolen Items. Fireworks. Adult material, erotica, or pornography inclusive of any material unsuitable for childrenunder the age of 18. Drugs. Alcohol.Tobacco.Mass produced electronics. Protected antiquities. Real estate. Ivory or animal products from endangered species collected illegally. Motor vehicles, or parts for motor vehicles or recreational vehicles. Items that violates Terms of Service or Terms of Use. Any item or service that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item. Items not in your possession or items you don't intend to deliver. Illegal, counterfeit or contraband items of any sort. Items, materials or products that are copyrighted, trademarked or patented by another party. Pirated materials. Replica items, including designer items. Personal data or information. Items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort. Misrepresented items or products. Harmful, harassing, intimidating or defamatory materials, products or items. Hazardous materials, products, or items. Prostitution or other similar services. Any product or service that EMAR EAT determines to be inappropriate, harmful, fraudulent, or illegal.

(q) Violate any applicable law or regulation; or

(r) Encourage or enable any other individual to do any of the foregoing.

Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

14. Termination.

(a) You may terminate your use of the Services by contacting us at info@emareat.com You acknowledge that upon such cancellation or deletion, we may decide, at our sole and absolute discretion, to delete and/or no longer maintain any User Content that you have provided us. You hereby acknowledge and agree that we are in no way liable for any damage that this action may cause you.

(b) We may terminate your access to and use of the Services, at our sole and absolute discretion, which may be exercised with or without notice to you. Further, we reserve the right to suspend, deactivate, limit, or otherwise restrict your Account and your access to and use of the Services, in whole or in part, at our sole and absolute discretion, which may be exercised with or without notice to you. You hereby acknowledge and agree that we are in no way liable for any damage that this action or omission may cause you.

(c) Sections 10(a), 10(b), 10(c), 10(f), 16, 17, 18, 21, and 22 shall survive any termination of these Terms.

 

15. Independent Relationship. 

You acknowledge and agree that you and EMAR EAT are not entering into an employment agreement, joint venture, partnership, or other relationship which gives rise to any rights and obligations other than those explicitly laid out in these Terms, and nothing in these Terms shall be construed as creating such a relationship between you and EMAR EAT. You and EMAR EAT are also not entering into an agency agreement, other than to the exclusive, limited extent of us acting as the Brand’s limited payment collection agent. You and EMAR EAT are acting on an independent, basis. You may not incur any obligations on behalf of EMAR EAT, you may not bind EMAR EAT, and you may not hold yourself out as representing EMAR EAT in any capacity or manner.

 

16. Indemnification. 

You agree to indemnify, hold harmless and defend EMAR EAT, its officers, directors, shareholders, employees, and agents from and against any and all losses, costs, damages, claims, suits, actions, judgments, demands, obligations, debts, liabilities, and expenses whatsoever (including, without limitation, reasonable attorneys’ fees, court costs and investigation expenses) (each, an “Action”) arising from, or on account of, or related to the following: (i) your access to or use of the Services or Content; (ii) any breach by you of these Terms; (iii) any violation by you of any applicable laws or regulations applicable to your use of the Services; (iv) your negligence or willful misconduct; and (v) if you are a Brand, any Specialty Food prepared by you, including with respect to any Action made by a Customer

 

17. Warranty Disclaimers.

(a) THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

(b) YOUR USE OF THE SERVICES IS DONE VOLUNTARILY AND AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT SOME INTERACTIONS THROUGH OR RELATED TO THE SERVICES MAY CARRY INHERENT RISK, AND BY USING THE SERVICES, YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY AND KNOWINGLY. FOR EXAMPLE, THE SPECIALTY FOOD THE BRAND PREPARES FOR A CUSTOMER MAY CARRY RISK OF ILLNESS, BODILY INJURY, OR DEATH, OR THE BrandS AND/OR Customers YOU INTERACT WITH MAY VIOLATE YOUR RIGHTS, AND YOU FREELY AND WILLFULLY ASSUME THOSE RISKS BY CHOOSING TO USE THE SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR THE CHOICES YOU MAKE BEFORE, DURING, AND AFTER YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS EMAR EAT FROM ALL LIABILITIES AND CLAIMS THAT ARISE IN ANY WAY FROM ANY INJURY, DEATH, LOSS OR HARM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES.

 

18. Limitation of Liability.

YOU AGREE THAT EMAR EAT SHALL NOT  BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EMAR EAT OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EMAR EAT AND YOU.

19. COPYRIGHT POLICY. 

We respect the intellectual property rights of others and expect our Users to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

20. Links to Third Party Websites or Resources.

The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

 

21. Governing Law and Dispute Resolution

These conditions are governed by and construed in accordance with the laws of the Dubai International Finance Center (“DIFC”). If any dispute, claim, difference or controversy arising out of, relating to or having any connection with these conditions, including as it may relate in any way to your use of any EMAR EAT Service, or to any products or services sold or distributed by EMAR EAT or through emareat.com, or the existence, validity, interpretation, performance, breach or termination and/or any dispute relating to any non-contractual obligations arising out of or in connection with them (for the purpose of this section, a “Dispute”) qualifies for determination through the DIFC Small Claims Tribunal (“SCT”), then the SCT shall have exclusive jurisdiction to settle any such Dispute. For Disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have exclusive jurisdiction to settle such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.

 

22. General Terms.

(a) Entire Agreement. These Terms constitute the entire agreement between you and EMAR EAT. All prior agreements, understandings, and communications, whether written or oral, express or implied, that relate to the matters contemplated herein shall be deemed to be merged herein and superseded hereby.

(b) Waiver of Rights. EMAR EAT’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of EMAR EAT. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

(c) Severability. If any provision of these Terms, shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a competent tribunal or adjudicator finds that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

(d) No Assignment. These Terms shall be binding on the parties and their successors and permitted assigns. You shall not assign, transfer, or delegate any of your rights, duties, or obligations under these Terms, or any part thereof, whether by operation of law or otherwise, without our prior written consent, which may be withheld, conditioned or delayed in our sole and absolute discretion. EMAR EAT may freely assign these Terms without restriction. Any assignment in violation of this section shall be void.

 

23. Contact Information. 

If you have any questions about these Terms or the Services, please contact EMAR EAT at info@emareat.com, or 1108 HDS Tower, Cluster F, Jumeirah Lake Towers, Dubai, United Arab Emirates.

 

Last update: 07/09/2020