Terms & Conditions

 

Terms and Conditions of DinnerTime UAE LLC 2015
This page (together with the documents referred to herein) tells you the terms and conditions upon which we will supply to you the products (Products) listed on our website www.dinnertime.me (our Site) via one of our subscription services (Services) or by ordering single Products. Please read these terms and conditions carefully before ordering any Products from our Site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site.
1. INFORMATION ABOUT US

1.1
We, DinnerTime UAE LLC, are a general limited liability company registered in Dubai, United Arab Emirates. We operate the website www.dinnertime.me.

2. SERVICE AVAILABILITY

2.1
Our Site is only intended for use by people residing in the United Arab Emirates(Serviced Countries). We do not accept orders from individuals outside the Serviced Countries.

3. YOUR STATUS

By placing an order through our Site, you warrant that:

3.1
You are legally capable of entering into binding contracts; and

3.2
You are at least 18 years old;

3.3
You are resident of a Serviced Country; and

3.4
You are accessing our Site from a Serviced Country.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1
After placing an order through our standard order form on our Site, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products or subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation. Note that the Acknowledgement and the Confirmation may be contained in the same email.

4.2
The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.

4.3
The subscription plan to our Services consist of an initial charge followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. DinnerTime may submit weekly charges without further authorization from you, until the end of your subscription period unless you provide advance notice that you wish to terminate this authorization or wish to change your payment method. Such notice will not affect charges submitted before DinnerTime reasonably could act. To terminate your authorization or change your payment method, log on to your DinnerTime account or email info@dinnertime.me.

4.4
By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you or us, on the subscription terms set out in the application form you have completed, subject to variation in accordance with 4.5 below. You can cancel your subscription at any time, provided that you do so within the applicable cancellation notice period, as defined in Section 6.1. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.

4.5
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.

5. VOUCHERS AND GIFT CARDS

5.1
We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by online application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.

5.2
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.

5.3
We reserve the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.

5.4
Vouchers may only be redeemed through our Site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.

5.5
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, if any, which will be chargeable at normal rates.

6. CONSUMER RIGHTS

6.1
If you are contracting as a consumer, you may cancel a Contract at any time before Thursday at 11:59PM UAE time the week before your next scheduled Product delivery, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).

6.2
To cancel a Contract, you email cancel@dinnertime.me stating that you wish to terminate your Contract and your full name and registered email address.

8. RISK AND TITLE



8.1
The Products will be at your risk from the time of delivery.

8.2
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9. PRICE AND PAYMENT

9.1
The price of the Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error.

9.2
Product prices include applicable taxes.

9.3
Product prices and delivery charges, if any, are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation.

9.4
Payment for all Products and Services must be by credit or debit card, or cash on delivery. We accept payment with Visa and Mastercard. We reserve the right to change the payment methods we accept at any time. We will not charge your credit or debit card for a weekly delivery until after the cancellation deadline for such weekly delivery, with the exception of your first delivery under one of our Services which may occur immediately following your initial subscription to said Service.

9.5
Upon late payment of more than 14 days from delivery date, a late fee of AED35 will be charged for each order. An additional fee of AED100 will be charged on invoices older than 30 days. A collection fee of AED35 will be debited for collecting outstanding amounts.

9.6
A collection fee of AED35 will be debited for collecting outstanding amounts.

10. OUR REFUNDS POLICY

10.1
If you refuse a Product from us:

10.1.1
Because you have cancelled the Contract between us within the applicable notice period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Product in full, and any applicable delivery charges.

10.1.2
For any other reason (for instance, because you have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will notify you of your refund, if any, via phone or e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via phone or e-mail that you were entitled to a refund. If all or part of a Product (Defective Item) is defective, we will credit you an amount equivalent to the value of the Defective Item towards a future purchase, including any applicable delivery charges and any reasonable costs you incur in refusing the Defective Item.

10.2
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11. WARRANTY

We warrant to you that any Product purchased from us through our Site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

12. OUR LIABILITY

12.1
If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of the Products.

12.2
Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

13. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. NOTICES



All notices given by you to us must be given to DinnerTime UAE LLC, info@dinnertime.me or cancel@dinnertime.me. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15. TRANSFER OF RIGHTS AND OBLIGATIONS

15.1
The contract between you and us is binding on you and us and on our respective successors and assignees.

15.2
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

15.3
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

16. INTELLECTUAL PROPERTY RIGHTS

16.1
We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.

16.2
You may print off one copy, and may download extracts, of any pages from our Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a licence to do so from us and our licensors.

16.3
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorize us to quote from your Commentary on our Site and in any advertising or social media outlets which we may create or contribute to.

17. EVENTS OUTSIDE OUR CONTROL

17.1
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

17.2
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

17.2.1
Strikes, lock-outs or other industrial action;

17.2.2
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

17.2.3
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

17.2.4
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

17.2.5
Impossibility of the use of public or private telecommunications networks; and

17.2.6
The acts, decrees, legislation, regulations or restrictions of any government.

17.3
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17.4
Availability and Delivery. Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, absent the occurrence of a Force Majeure Event. In the event of a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries; however, we reserve the right to refund you for all or part of any such compromised or failed deliveries as we see fit.

18. WAIVER



18.1
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

18.2
A waiver by us of any default will not constitute a waiver of any subsequent default.

18.3
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

19. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. ENTIRE AGREEMENT

20.1
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.

20.2
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.

20.3
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

20.4
Nothing in this clause limits or excludes any liability for fraud

21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

21.1
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.

21.2
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

22. LAW AND JURISDICTION

Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by United Arab Emirates law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Dubai, UAE.

PRIVACY POLICY

This policy covers how we use your personal information.
INFORMATION GATHERED BY DINNERTIME.ME. This is DINNERTIME.ME’s (“DINNERTIME.ME”) online privacy policy (“Policy”). This policy applies only to activities DINNERTIME.ME engages in on its website and does not apply to DINNERTIME activities that are “offline” or unrelated to the website.
DINNERTIME.ME collects certain anonymous data regarding the usage of the website. This information does not personally identify users, by itself or in combination with other information, and is gathered to improve the performance of the website. The anonymous data collected by the DINNERTIME.ME website can include information such as the type of browser you are using, and the length of the visit to the website. You may also be asked to provide personally identifiable information on the DINNERTIME.ME website, which may include your name, address, telephone number and e-mail address. This information can be gathered when feedback or e-mails are sent to DINNERTIME.ME, when you register for services, or make purchases via the website. In all such cases you have the option of providing us with personally identifiable information.
COOKIES. Cookies are small bits of data cached in a user’s browser. DINNERTIME.ME utilizes cookies to determine whether or not you have visited the home page in the past. However, no other user information is gathered.

USE AND DISCLOSURE OF INFORMATION.

Except as otherwise stated below, we do not sell, trade or rent your personally identifiable information collected on the site to others. The information collected by our site is used to process orders, to keep you informed about your order status, to notify you of products or special offers that may be of interest to you, and for statistical purposes for improving our site. We will disclose your personally identifiable information to third parties for order tracking purposes or process your check or money order, as appropriate, fill your order, improve the functionality of our site, perform statistical and data analyses deliver your order and deliver promotional emails to you from us. For example, we must release your mailing address information to the delivery service to deliver products that you ordered. All credit/debit cards’ details or information will NOT be stored, sold, shared, rented or leased to any third parties

DINNERTIME.ME may use non-personal “aggregated data” to enhance the operation of our website, or analyze interest in the areas of our website. Moreover, we may in some circumstances disclose personally identifiable information to third parties to enhance your experience on our website. Additionally, if you provide DINNERTIME.ME with content for publishing or feedback, we may publish your user name or other identifying data with your permission.

DINNERTIME.ME may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. DINNERTIME.ME may also provide such personally identifiable information in response to a law enforcement agencies request or as otherwise required by law. Your personally identifiable information may be provided to a party if DINNERTIME.ME files for bankruptcy, or there is a transfer of the assets or ownership of DINNERTIME.ME in connection with proposed or consummated corporate reorganizations, such as mergers or acquisitions.

OTHER WEBSITES.

DINNERTIME.ME is not responsible for the privacy policies of websites to which it links. If you provide any information to such third parties different rules regarding the collection and use of your personal information may apply. We strongly suggest you review such third party’s privacy policies before providing any data to them. We are not responsible for the policies or practices of third parties. Please be aware that our sites may contain links to other sites on the Internet that are owned and operated by third parties. The information practices of those Web sites linked to our site is not covered by this Policy. These other sites may send their own cookies or clear GIFs to users, collect data or solicit personally identifiable information. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.

SECURITY.

DINNERTIME.ME takes appropriate steps to ensure data privacy and security including through various hardware and software methodologies. However, DINNERTIME.ME cannot guarantee the security of any information that is disclosed online.

MINORS.

DINNERTIME.ME does not knowingly collect personal information from minors under the age of 18. Minors are not permitted to use the DINNERTIME.ME website or services, and DINNERTIME.ME requests that minors under the age of 18 not submit any personal information to the website. Since information regarding minors under the age of 18 is not collected, DINNERTIME.ME does not knowingly distribute personal information regarding minors under the age of 18.

CORRECTIONS AND UPDATES.

If you wish to modify or update any information DINNERTIME.ME has received, please contact info@dinnertime.me.

MODIFICATIONS OF THE PRIVACY POLICY.

DINNERTIME.ME. The Website Policies and Terms & Conditions would be changed or updated occasionally to meet the requirements and standards. Customers will be notified about these changes as well as the Payment Gateway Provider/NBAD. Such modifications will become effective on the day they are posted. DINNERTIME.ME encourages you to frequently review the privacy policy for any modifications.