Food Appers For Cloud Service & Datacenters Providers, Registered in Dubai, United Arab Emirates, under Makani number 12048 74921 with a License Registration number of 709871 (“Food Appers”, “Us” or “We”) provides Food Appers products, services Apps and websites (collectively the “Food Appers Service”), as well as app technology and other installable software (“Food Appers Software”), to you, our customer, and to all other persons authorized by you to use, install or access the Food Appers Service and Food Appers Software on your behalf (collectively “you”), subject to your compliance with all terms, conditions and notices contained or referenced in this document (the “Terms”).
Please read these Terms carefully. By using the Food Appers Service and Food Appers Software and Website and Apps, you are stating that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Food Appers Service or install Food Appers Software. If you require an Enterprise or Vendor level agreement, please contact us to request this option.
Visa and Master Card are accepted in our websites and the transaction currency will be AED.
We will not trade with or provide any services to OFAC and sanctioned countries.
Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
Cardholder must retain a copy of transaction records and Merchant policies and rules.
User is responsible for maintaining the confidentiality of his account.
United Arab of Emirates is our country of domicile and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.
Visa or MasterCard debit and credit cards in AED will be accepted for payment.
This Agreement shall be governed by and interpreted and construed in accordance with the laws of UAE. The place of jurisdiction shall be exclusively in UAE.
"United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law.
Ownership and Responsibility
(a) Food Appers solely owns, or licenses from third parties (as the case may be), all intellectual property and other rights, howsoever arising in and to the Food Appers Service and Food Appers Software, and reserves all rights therein not expressly and explicitly granted under these Terms. If new features, improvements or derivative works of the Food Appers Service or Food Appers Software are prepared by or on behalf of Food Appers based on suggestions or requests by you, Food Appers will solely own such modifications.
(b) Food Appers does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you create, submit or make available (your “App Data“) for inclusion on or through the Food Appers Service or Food Appers Software. As between Food Appers and you, you own all rights to your App Data. Food Appers does not review apps that you create, and you agree that you are solely responsible for all of your App Data.
No Resale of the Food Appers Service or Food Appers Software
You agree not to reproduce, duplicate, copy, sell, resell, distribute (even to your own other branches whether they are located locally or regionally) or exploit for any commercial purposes any portion (except for your App Data, to which Food Appers agrees you retain all rights), use of, or access to the Food Appers Service or Food Appers Software, Website, Apps. If you wish to pursue resale of the Food Appers Service or Food Appers Software, Website, Apps, contact our support team to discuss our Vendor options.
Fees and Billing
(a) User License Fees. Each user that is registered on the Food Appers Service or Food Appers Software is subject to a recurring user license fee. User license fees are charged at the rates shown in the Billing area of the Food Appers website.
(b) Subscription and Service Fees. Any additional subscriptions and/or services that you select are provided at the rates and terms set forth in the Billing area of the Food Appers website.
(c) Invoicing and Automatic Renewal. All Food Appers licenses, subscriptions and services shall automatically renew on the first day of each billing period (monthly or annually, as applicable) until cancelled by you. You may, at any time, cancel individual services, licenses and subscriptions through the options provided in our Billing area or by emailing our support team on [email protected], You accept that pre-paid fees are non-refundable and that any outstanding invoices issued by Food Appers prior to receipt of your notice of cancellation must still be paid in full. You will remove applicable Food Appers Software if previously received under the terminated service, subscription or licenses to ensure compliance with these Terms.
(d) Value Added Tax, Sales Tax , VAT and Other Amounts. Unless otherwise expressly stated, all fees are exclusive of local value added tax, VAT, sales tax, other taxes, duties and charges imposed or levied in connection with these Terms (“Taxes”). Food Appers will add any such applicable Taxes to your invoices as required by prevailing legislation. Without limiting the foregoing, you will be liable for any new Taxes imposed or levied in any relevant jurisdiction after commencing your Food Appers Service account.
(e) Fee Review. Food Appers may periodically review fees, at which point Food Appers may increase or amend any such fee. Where there is any net increase in the fees payable, Food Appers reserves the right to change prices with written notice by email or on FoodAppers.com website with 7 days’ notice.
(f) Visa or MasterCard debit and credit cards in AED or USD will be accepted for payment.
Payment of Food Appers Fees
The default option for paying your Food Appers fees is by credit card. When paying by credit card or debit card or through any available payment method, you warrant that the information you provide is correct and you shall promptly update your credit card or Debit card or your payment method information if this change. If you cannot pay by credit card or debit card, contact our support team to request special dispensation to pay your fees by electronic funds transfer (EFT) or international money transfer (IMT). You agree that if your payment is not received by the invoice due date, for any reason, Food Appers may suspend or cancel your Food Appers subscription.
Making changes to your account
If you choose to downgrade, upgrade or otherwise change your Food Appers users, services or subscriptions, this may cause the loss of features or capacity on your account, Food Appers does not accept any liability for such losses. Changes you make will usually only take effect from your next billing date.
Unless expressly permitted under these Terms, you must not (as applicable):
(a) Use the Food Appers Service or Food Appers Software in any way that could damage Food Appers’s reputation, or the goodwill or other rights associated with the Food Appers Service or Food Appers Software;
(b) Permit any third party to access, install or use the Food Appers Service or Food Appers Software other than in accordance with these Terms;
(c) Disable, tamper with or otherwise attempt to circumvent any billing mechanism that meters the use of the Food Appers Service or Food Appers Software;
(d) Reproduce, make error corrections to, modify, decompile, disassemble or otherwise reverse engineer the Food Appers Service or Food Appers Software, or permit or facilitate any third party to do so;
(e) Copy Food Appers Software, except such copies as necessary for reasonable and customary back-up and disaster recovery purposes.
(f) When accessing, installing and using the Food Appers Service and Food Appers Software:
(i) Attempt to undermine the security or integrity of Food Appers computing systems or networks or, where the Food Appers Service or Food Appers Software is hosted or operated by a third party, the third party’s computing systems and networks;
(ii) Use, or misuse, the Food Appers Service or Food Appers Software in any way which may impair its functionality, or the functionality of any other system used to deliver the Food Appers Service or Food Appers Software, or impair the ability of any third party to lawfully use the Food Appers Service or Food Appers Software;
(iii) Attempt to gain unauthorized access to any materials other than those to which you have been given express permission to access or to the computer systems on which the Food Appers Service or Food Appers Software is hosted or stored;
(iv) Transmit, or input into the Food Appers Service or Food Appers Software any information, data, files or other material that may damage any other person’s computing devices or software, or which is in violation of any law or regulation (including material protected by copyright or trade secrets which are not granted rights of use);
(v) Use the Food Appers Service or Food Appers Software in connection with unsolicited emails, or to deceptively or without proper authority obtain payment or sensitive information (including, but not limited to, credit card details, social security numbers, user login credentials) from other persons.
(vi) Remove or modify any program markings or any notice of proprietary rights, including those of any third party, other than those that are permitted and able to be changed or altered as part of any branding services permitted under these Terms.
European and United Kingdom Data Collection
If you collect personal data in or from any person resident (or normally resident) in Europe or the United Kingdom, your actions occur under the prevailing EU data protection and privacy regulations and you are likely considered to be a “data controller”. You agree to ensure that your use of the Food Appers Service and Food Appers Software is compliant with prevailing EU data protection regulations. Should you qualify as a data controller under prevailing EU data protection and privacy regulations, you also acknowledge and agree to the EU Data Processing Addendum, and as updated from time to time.
We maintain appropriate technical and operational measures, internal controls, and data security routines intended to protect your data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction. We are not responsible for the security of any data stored on any mobile device owned or controlled by you, your customers or any other Service users.
Privacy and Data Processing
Food Appers respects the intellectual property rights of others. Accordingly, Food Appers has a policy of disabling access to any Food Appers customer that violates copyright law, suspending access to the Food Appers Service or Food Appers Software to any user who uses the Food Appers Service or Food Appers Software in violation of copyright law, and/or terminating in appropriate circumstances the account of any user or customer who uses the Food Appers Service or Food Appers Software in violation of copyright law.
The phrase “Food Appers” and the Food Appers logo are registered trademarks of Food Appers For Cloud Service & Datacenters Providers. You are not authorized to use any such trademarks unless you have explicit written permission from us. Ownership of all such trademarks and the goodwill associated therewith remains with Food Appers.
You agree that Food Appers may terminate your Food Appers Service membership or suspend your access to all or part of the Food Appers Service or Food Appers Software, without notice, if Food Appers determines, in its sole and absolute discretion, that you have violated these Terms. Further, you agree that Food Appers shall not be liable to you or any third party for removing your apps or suspending or terminating your access to the Food Appers Service or Food Appers Software. You may discontinue your participation in and access to the Food Appers Service at any time, in which case any pre-paid payments are non-refundable, and any pending payments must be settled with us.
Modifications to these Terms
Food Appers may, in its sole and absolute discretion, change these Terms from time to time with or without any notice to you, hence we request you to check our website on a regular basis, If you object to any such changes, your sole recourse shall be to cease using the Food Appers Service and Food Appers Software. Continued use of the Food Appers Service or Food Appers Software following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications to the Food Appers Service and Food Appers Software
Food Appers reserves the right to modify or discontinue the Food Appers Service or Food Appers Software with or without notice to you. Food Appers shall not be liable to you or any third party should Food Appers exercise its right to modify or discontinue the Food Appers Service or Food Appers Software.
By giving your email address and contact details to Food Appers, you agree to receive administrative, announcements, newsletters, sales, and marketing emails from Food Appers. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
Links, Content and Resources
Food Appers’s provision of a link to Food Appers resources and/or any other website or internet resource is for your convenience only and does not signify Food Appers endorsement of such other web site or resource or its contents. Food Appers shall have no responsibility or liability for any information, software, or materials found at any other website or internet resource.
Delivery of Emails, Notifications and Other Messages
Food Appers goes to great lengths to ensure successful delivery of emails, push notifications and other messages generated on or by the Food Appers Service, however we do not guarantee successful delivery of these. You agree that Food Appers cannot be held responsible for any consequences of such delivery failure. This is because delivery is not solely controlled by Food Appers and is subject to several points of failure which can prevent delivery.
You agree that access to the Food Appers Service is reliant upon various factors outside of Food Appers’s control, including, without limitation, your internet service provider, global telecommunications links, our hosting and other service providers, and other factors which may impact upon the availability of the Food Appers Service. While we will use all reasonable endeavors to ensure that you have continuous access to the Food Appers Service and apps created thereon, we will not be liable to you or any other person for any loss or damage caused by unavailability of the Food Appers Service.
Subject to your purchase of applicable subscription(s), Food Appers shall provide branding services including creation of branded versions of the Food Appers Service and Food Appers Software (“Branded Apps”), review and submission of Branded Apps to relevant publishing authorities as required, and maintenance and updates of Branded Apps. Food Appers shall not be responsible or otherwise liable for delays or refusals by relevant publishing authorities or delays due to failure by you to punctually supply required responses, content or information, in case your App review and submission is deemed successful, Food Appers will not guarantee any future availability of your apps on the relevant App stores.
In using Food Appers branding services, you verify that your nominated brand names, logos and all other such content does not infringe on any local, national or international trademarks or other applicable copyrights. You will ensure that all users of Branded Apps comply with all terms and conditions of these Terms. Food Appers reserves the right to refuse provision of branding services at its sole discretion.
Disclaimer of Warranties
You understand and expressly agree that use of the Food Appers Service and Food Appers Software is at your sole risk. The Food Appers Service and Food Appers Software is provided on an “as is” and “as available” basis. Food Appers expressly disclaims all warranties of any kind, whether express or implied, with respect to the Food Appers Service and Food Appers Software (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). Food Appers makes no warranty that the Food Appers Service or Food Appers Software will meet your requirements, or that the Food Appers Service or Food Appers Software will be uninterrupted, timely, secure, or error-free. You understand and agree that any material and/or information downloaded or otherwise obtained using Food Appers is done at your own discretion and risk and that you will be solely responsible for any damage or consequential losses arising therefrom. No advice or information, whether oral or written, obtained by you from Food Appers or through the Food Appers Service or Food Appers Software shall create any warranty not expressly made herein.
Limitation of Liability
You understand and expressly agree that, to the extent permitted under applicable law, in no event will Food Appers or its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Food Appers Service or Food Appers Software.
Resolution by Arbitration
This agreement requires the use of arbitration on an individual basis to resolve disputes, rather than injunctive legal actions, jury trials or class actions, and limits the remedies available to you in the event of a dispute.
Exclusions And Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that Food Appers may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Food Appers liability shall be the minimum permitted under such applicable law. Unless expressly provided otherwise, the limitation of liability shall not exceed the amount of the fees paid by you to use for the provision of the Food Appers Service and Food Appers Software.
You agree to indemnify, defend, and hold harmless Food Appers, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Food Appers Service or Food Appers Software, (b) your (or anyone using your account’s) use of the Food Appers Service or Food Appers Software, (c) your (or anyone using your account’s) violation of these Terms, and (d) your (or anyone using your account’s) violation of any rights of any other person or entity.
These Terms constitute the entire and exclusive and final statement of the agreement between you and Food Appers with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Food Appers with respect to the subject matter hereof. These Terms and the relationship between you and Food Appers shall be governed by the laws of Dubai, United Arab Emirates. All lawsuits arising from or relating to these Terms or your use of the Food Appers Service and Food Appers Software shall be brought in Dubai courts located in Dubai, United Arab Emirates and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Food Appers to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Food Appers and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Food Appers Service and Food Appers Software or these Terms must be filed within one (1) week after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Food Appers Service and Food Appers Software.