مرحبًا بكم في الشروط والأحكام لموقع وتطبيق (Fados “ EQTRAH Est “).

يرجى قراءة هذه الشروط والأحكام وسياسة الخصوصية بعناية قبل استخدام التطبيق بأي شكل من الأشكال ، سواء كنت زائرًا أو مستخدمًا مسجلاً. إذا كنت لا توافق على أي منها فالرجاء عدم استخدام التطبيق و الموقع أو التوقف عن استخدامه. لاحظ أن أي وجود أو تسجيل لحساب أو استخدام التطبيق يشكل قبولا وموافقة على محتويات هذة الشروط والأحكام والسياسات المعلنة الاخرى كما تم تحديثها ونشرها بعد ذلك.

 

Terms and Conditions

Welcome to the websites operated by EQTRAH Est ( Fados ). The following Terms of Use (this “Agreement”) apply to your access or use of the Fados websites, mobile sites, and applications (collectively, the “Fados”) and the content, features, and services (the “Services”) made available by Fados.

In this Agreement, “Fados” and “we” mean EQTRAH Est that is providing the Services to you, and with whom you are entering into this Agreement, which depends on the country in which you reside. The terms “User” and “you” mean any user of the Services. This Agreement incorporates Fados’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the “EQTRAH Est Policies”).

 

Please read the Terms of Use carefully before you start to use the Services. By accessing or using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.

 

By accessing or using the Services or clicking “accept” or “agree” to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services

Fados may update or revise this Agreement (including any EQTRAH Est Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by Fados, any use of the Services (e.g., the use of the recommendation Services and Fados account, the use of the Delivery and Takeaway Services is subject to the version of this Agreement in effect at the time of use.

 

Confirmation of suggestion Services

  1. Restaurant suggestion. Fados makes available restaurant suggestion services (the “Reservation Services”) to User for the purpose of assisting User in securing dining reservations at participating third-party restaurants (each, a “Restaurant”). In response to a User’s online request for a Restaurant confirmation through the Fados Application, Fados directly contacts the Restaurant’s computerised database of system. The availability of timing is determined at the time of User’s query. Once a confirmation is made by User through the Fados Application, Fados will provide confirmation of the details to User in the application page. By using the Fados Services, User agrees to receive confirmations, updates, modifications and/or cancellations by email or/and application after making a confirmation through the Fados Services.

Terms for All Services

 Privacy Policy. Fados is committed to helping you safeguard your privacy online. Please review our Privacy Policy for details about how we collect, use, and disclose information in connection with the Services.

Your Account. You may (but are not required to) create an account with Fados through the Fados website and Application (“Account”) in order to use the suggestion Services. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the Fados registration form (“Registration Data”). You also agree to promptly update the Registration Data to keep it true, accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify Fados of any unauthorized use of your Account or any other breach of security related to your use of the Services.

Communications with Fados. The Fados Application may use GPS locator capabilities to identify your current location. If you provide a mobile phone number, you hereby expressly consent to receive SMS text messages from Fados regarding the Services and as otherwise described in our Privacy Policy. The communication standards for the Services include, but are not limited to: SMS, GPS, and web-based browser technology. In order to use the SMS-based Services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access the Services.

Technical Requirements. Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Fados does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Fados Site and application, and some features and portions of the Fados Site (including, but not limited to, making, modifying, or canceling reservations) may not be accessible with JavaScript disabled.

Modifications to Services. Fados reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Fados Site, Fados Application, Restaurants, and/or Merchants. Fados shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Fados Content”) are provided to User by EQTRAH Est or its partners or licensors solely to support User’s permitted use of the Services. The Fados Content may be modified from time to time by Fados in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Fados Content by User shall constitute a material breach of this Agreement. Fados and its partners or licensors retain all rights in the Services and Fados Content and any associated patents, trademarks, copyrights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Fados or any third party is granted under this Agreement.

Application License. Subject to the terms and conditions of this Agreement, Fados grants User a non-exclusive, non-transferable, revocable license to use the Fados Application, in object code form only, on User’s compatible mobile devices, solely to support User’s permitted use of the Services.

Use Restrictions. The Services and Fados Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. Fados expressly reserves all its rights and remedies under applicable laws. Fados reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any Fados Content, except as expressly authorised by Fados; (2) take any action that imposes or may impose (in Fados sole determination) an unreasonable or a disproportionately large load on the Services or Fados’s infrastructure; (3) utilise any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or Fados Content to a third party; (5) use any portion of the Services or Fados Content to provide, or incorporate any portion of the Services or Fados Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to Fados); (7) modify any Services or Fados Content or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or Fados Content; (9) use the Services or Fados Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or Fados Content or access or use the Services or Fados Content for competitive analysis or benchmarking purposes.

 Export Control. You shall not and shall not allow any third-party to remove or export from the Saudi Arabia or allow the export or re-export of any part of any Fados Application or other aspects of the Services or any direct product thereof in contravention of any technology control or export laws and regulations that apply to the technology used or supported by the Fados Services, to any country for which the government or any agency thereof at the time of export requires an export license or other governmental approval without first obtaining such license or approval.

Termination. Fados may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Fados may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any EQTRAH Est Policies) or, with respect to purchasers of Fados accounts, if we receive excessive chargebacks on the debit or credit card associated with your Account. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that Fados shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement. You are always free to discontinue your use of the Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Fados will have no liability whatsoever.

Reviews, Comments, Communications, and Other Content. The Services may permit you to submit reviews, comments, and ratings, send emails and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution to restaurants and other third parties (“User Content”). Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g. foreign objects in food, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. Fados reserves the right (but has no obligation) to monitor, remove, or edit User Content in Fados’ sole discretion, including if User Content violates this Agreement (including any Fados Policies), but you acknowledge that Fados may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Fados a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media. Fados takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party.

Liability Limitations. Except as prohibited by law, in no event shall Fados be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is any way connected with (I) this agreement (II) any use of the Services, the Fados Site or the Fados Content , (III) any failure or delay (including, but not limited to, the use or inability to use any component of the Services or the Fados platforms for suggestions), or (IV) the performance or non-performance of any restaurant in connection with the Services. In addition, all Users specifically understand and agree that any third party directing Users to the Fados  application and site by referral, link or any other means is not liable to the User for any reason whatsoever, including but not limited to damages or loss associated with the use of the services, the Fados Site or the Fados Content. Fados is neither an agent of nor is connected with any affiliated restaurant in which a User has made a confirmation. Fados is not liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arises out of or is in any way connected with a User’s visit to an affiliated restaurant.

You and Fados understand and agree that the disclaimers, exclusions, and limitations in the above Sections are essential elements of this Agreement and that they represent a reasonable allocation of risk. In particular, you understand that Fados would be unable to make the Services available to you except on these terms and agree that this Agreement will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

 Disclaimer of Warranties. The Services, all Fados Content, and any other information, products, and materials contained in or accessed through the Services, are provided to the User on an “as is” basis and without warranty of any kind. Fados expressly disclaims all representations, warranties, conditions, or indemnities, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising from a course of dealing, performance, or trade usage. Fados does not warrant that your use of the Services will be uninterrupted or error-free, that Fados will review the information or materials made available through the Services for accuracy or that it will preserve or maintain any such information or materials without loss. Fados shall not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Fados.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights, however, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

Links to Third Party Websites. The Services may contain hypertext links to websites operated by parties other than Fados. Such hypertext links are provided for User’s reference only, and Fados does not control such websites and is not responsible for their content. Fados’ inclusion of any hypertext links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Fados is not liable for any such third-party websites or any content, features, products, or services made available through such third-party websites.

 Release. Restaurants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Claims”) suffered by you (or, if applicable,  as a result of your interaction with or visit to any Restaurant or from any product or service of any Restaurant.

 Notify Us of Infringers. If you believe any of the Services violate your rights, please notify our agent in writing. The contact information for our agent is at the bottom of this Section.

In order for us to take action, you must do the following in your notice:

(a) provide your physical or electronic signature;

(b) identify the work that you believe is being infringed;

(c) identify the item that you think is infringing your work and include sufficient information about where the material is located so that we can find it;

(d) provide us with a way to contact you, such as your address, telephone number, or email;

(e) provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the owner, its agent, or the law to be used in connection with the Services; and

(f) provide a statement that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the owner whose work is being infringed.

Please find contact details in the website – contact us for more details.

 

Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.

No Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by User, but may be so transferred, assigned or delegated by Fados.

Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

Choice of Law. The Terms of Use is made under and shall be governed by and construed in accordance with the laws of Saudi Arabia without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms of Use shall be instituted exclusively in the courts. If you would like to bring a matter to our attention, please contact us at our contact page.