1. CONTRACTUAL RELATIONSHIP
These terms of service constitute a legally binding agreement (the “Agreement”) between you and your local New York Fries entity.
This Agreement governs your use of the New York Fries online ordering platform, website, telephone assistance and technology platform (collectively, the “New York Fries Platform”). Generally, the right to operate the New York Fries Platform is licensed by New York Fries to its relevant Affiliates, and the relevant Affiliate in your jurisdiction provides you the right to access and use the New York Fries Platform in your jurisdiction.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE NEW YORK FRIES PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE NEW YORK FRIES PLATFORM.
Your access and use of the New York Fries Platform constitutes your agreement to be bound by this Agreement, which establishes a contractual relationship between you and New York Fries. New York Fries may immediately terminate this Agreement with respect to you, or generally cease offering or deny access to the New York Fries Platform or any portion thereof, at any time for any reason without notice.
Supplemental terms may apply to certain Services (as defined below), such as policies for a particular event, loyalty programme, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, this Agreement for the purposes of the applicable Services.
Supplemental terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services.
New York Fries may amend this Agreement from time to time. Amendments will be effective upon New York Fries’s posting of an updated Agreement at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the New York Fries Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
Our collection and use of personal information in connection with the New York Fries Platform is as provided in New York Fries’s Privacy Policy. New York Fries may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party provider and such information or data is necessary to resolve the complaint, dispute or conflict.
2. THE NEW YORK FRIES PLATFORM
The New York Fries Platform provides a digital network which functions as a marketplace where persons (“Users”) who seek the delivery of restaurant meals and e-payment services (“Services”) can be matched with persons. Any decision by a User to make use of or accept Services is a decision made in such User’s sole discretion.
With respect to restaurant meals, New York Fries is a business where the food is prepared and provided by New York Fries restaurants (our ” Restaurant”) and delivered by a Third Party Company.
We aim to update the New York Fries Platform regularly and may change the content at any time. If the need arises, we may suspend access to the New York Fries Platform and the Services or close them indefinitely. Any of the material on the New York Fries Platform or the Services may be out of date at any given time, and we are under no obligation to update such material.
a) New York Fries Platform Ownership
The New York Fries Platform and all rights therein are and shall remain Alawael Foodstuff Trading’s property. Neither this Agreement nor your use of the New York Fries Platform convey or grant to you any rights: (i) in or related to the New York Fries Platform except for the limited license granted above; or (ii) to use or reference in any manner New York Fries company names, logos, product and service names, trademarks or services marks or those of New York Fries licensors.
b) Provision of the Services
You acknowledge that portions of the Services may be made available under New York Fries request options, including delivery request and online payment gateways.
You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain Affiliates; or (ii) independent third party contractors, including transportation network
company drivers or holders of similar transportation permits, authorizations or licenses. It is at New York Fries’s discretion which brands or request options are made available to you.
c) Loyalty Program
By becoming a User you are part of the New York Fries Loyalty Program (the “Loyalty Program”) in those markets where the Loyalty Program is available. Users will accrue points through using the New York Fries Platform to access benefits (“Rewards”).
With respect to the expiry of points earned pursuant to the Loyalty Program, each calendar year consists of 2 reward periods: from January 1st to June 30th and from July 1st to December 31st (each a “Reward Period”) and any points earned in one Reward Period will expire automatically at the end of the following Reward Period.
Rewards are offered at the sole discretion of New York Fries and may be varied from time to time. You may redeem points in exchange for Rewards (as applicable) at any time as indicated on the Platform. Where you redeem points New York Fries shall settle the equivalent or agreed amount (if applicable) and cancel its liability to you for the same. By redeeming Rewards you confirm that you agree to the terms of the Loyalty Program.
New York Fries has the right to add, change, limit, modify or cancel Loyalty Program rules, regulations, rules for earning and redeeming Rewards points, rewards, reward levels, redemption levels, processes, benefits, and Loyalty Program without notice, even though such changes may affect the member’s tier status, the value of points already accumulated, the ability to use accumulated points, or the ability to obtain certain rewards.
New York Fries may, among other things: (1) increase or decrease the number of points received for a given action or amount spent or the number of points required for a reward; (2) withdraw, limit, modify, or cancel any reward; (3) add blackout dates, limit availability for any reward, or otherwise restrict the continued availability of rewards; (4) change program benefits served by Rewards or its partners, conditions of participation, rules for earning, redeeming, retaining, or forfeiting points, or rules governing the use of rewards; (5) change or cancel rewards
New York Fries makes no warranties or representations, either expressed or implied, and expressly disclaim all liability (including consequential damages) with respect to type, timeliness, cost, quality or fitness of goods or services provided through the Loyalty Program.
The Loyalty Program has no predetermined termination date and may continue until such time as New York Fries decides to terminate the Loyalty Program, at any time, with or without notice. If the Loyalty Program is terminated, all unredeemed points or tier status benefits shall be forfeited without any obligation or liability, no award claims or tier status benefits shall be honoured after the conclusion of any notice period.
The earning and redeeming of Rewards points are subject to all applicable local laws and regulations and are offered in good faith, however they may not be available or are subject to change if prohibited or restricted by applicable law or regulation.
d) Communications
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems (where allowed by and in compliance with local law). Communications from New York Fries its affiliated companies may include but are not limited to: operational communications concerning your use of the New York Fries Platform, updates concerning new and existing features on the New York Fries Platform, communications concerning promotions run by us or our third- party partners, and news concerning New York Fries. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
3. PAYMENTS AND CHARGES
As a User, you agree to pay any amounts charged by New York Fries (the “New York Fries Fee”) (if applicable in your jurisdiction) and amounts charged by New York Fries for providing Services and Products to you (“Charges”).
After you have received Products and Services, New York Fries: (i) may facilitate your payment of the applicable Charges and (ii) may collect any applicable New York Fries Fee directly from you or, in the case of a cash payment. Payment of the Charges and New York Fries Fee in the above manner shall in all cases be considered the same as payment made directly by you to New York Fries, as applicable. Charges and New York Fries Fees will be inclusive of applicable taxes where required by law, including any VAT or sales tax. Charges and New York Fries Fees paid by you are final and non-refundable, unless otherwise determined by New York Fries.
All Charges and New York Fries Fees are due immediately and payment will be facilitated by New York Fries using the preferred payment method designated, after which New York Fries will send you a receipt with your order. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that New York Fries may, on its own behalf use a secondary payment method if available.
The New York Fries Platform utilises PayTabs for online payments is attested and certified PCI-DSS. Method of online payment accepted are Mastercard and Visa cards and the preferred currency is AED (United Arab Emirates Dirhams).
4. RESTRICTED ACTIVITIES
With respect to your use of the New York Fries Platform and your participation in the Services, you agree that you will not: (i) impersonate any person or entity (ii) stalk, threaten, or otherwise harass any person (including other Users making simultaneous use of the Service), (iii) violate any law, statute, rule, permit, ordinance or regulation (iv) interfere with or disrupt the Services or the New York Fries Platform or the servers or networks connected to the New York Fries Platform (v) post information or interact on the New York Fries Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal (vi) use the NEW YORK FRIES Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy (vii) post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information (vii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the New York Fries Platform (viii) “frame” or “mirror” any part of the New York Fries Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose (ix) modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the New York Fries Platform or any software used on or for the New York Fries Platform (x) rent, lease, lend, sell, redistribute, license or sublicense the New York Fries Platform or access to any portion of the New York Fries Platform (xi) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the New York Fries Platform or its contents (xii) link directly or indirectly to any other web sites (xiii) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation (xiv) cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Services, New York Fries shall be permitted to refuse to provide you Products and Services or, if such Services have commenced you will still be required to make full payment however New York Fries retains the right to refuse to provide the products and services without notice.
5. LIMITATION OF LIABILITY
NEW YORK FRIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE NEW YORK FRIES PLATFORM OR SERVICES, EVEN IF NEW YORK FRIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEW YORK FRIES SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE NEW YORK FRIES PLATFORM OR THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE CNEW YORK FRIES PLATFORM OR THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CAPTAIN OR OTHER THIRD PARTY PROVIDER, EVEN IF NEW YORK FRIES OR ITS AFFILIATES OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEW YORK FRIES SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL NEW YORK FRIES TOTAL LIABILITY TO YOU IN CONNECTION WITH THE NEW YORK FRIES PLATFORM, THE SERVICES, ANY WEBSITE OR APPLICATION LINKED THERETO, ANY MATERIAL POSTED ON THE FOREGOING OR ACTS OR OMISSIONS OF RESTAURANT PARTNERS OR OTHER PARTNERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS OR EQUIVALENT AMOUNT IN ANOTHER CURRENCY.
THE NEW YORK FRIES PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE SERVICES BUT YOU AGREE THAT NEW YORK FRIES, HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICE PROVIDED TO YOU AS EXPRESSLY SET FORTH IN THIS AGREEMENT. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
6. INDEMNITY
You agree to indemnify and hold New York Fries, and other partners and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the New York Fries Platform and the Services or services or goods obtained through your use of the New York Fries Platform; (ii) your breach or violation of this Agreement or(iii) your violation of the rights of any third party, including Riders.
7. DISPUTE RESOLUTION
a) Arbitration
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the New York Fries Platform or Services or Goods (collectively, “Disputes”) will be settled by binding arbitration between you and any relevant Affiliate in Dubai – U.A.E, or between you and New York Fries, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and New York Fries are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the relevant Affiliate otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement. This “Dispute Resolution” section applies to all Disputes (as defined below) between you and New York Fries and/or any of its Affiliates.
b) Choice of Law
This Agreement is governed by and construed in accordance with the laws of the jurisdiction of the Dubai – U.A.E Courts.
c) Claims of Copyright Infringement
Claims of copyright infringement should be sent to New York Fries at marketing@alawael.ae
d) Notices
You may give notice to New York Fries by written communication to NEW YORK FRIES’s email address at marketing@alawael.ae
