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الشروط والأحكام



الشروط والأحكام

(Last updated on: 18/5/2024 G)

مرحبًا بكم في شروط وأحكام استخدام موقع وتطبيق (The Chefz).

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 تطبيق (The Chefz) وعدم إنشاء حساب خاص ، أو التوقف عن استخدامه. لاحظ أن أي وجود أو تسجيل لحساب أو استخدام التطبيق يشكل قبولًا وموافقة على محتويات هذه الشروط والأحكام وجميع السياسات المعلنة الأخرى ، كما تم تحديثها ونشرها بعد ذلك.

  1. Definitions

يقصد بالمصطلحات الآتية أينما وردت في هذه الشروط والأحكام المعاني المبينة قرينها ما لم يقتض سياق النص خلاف ذلك:

الشروط والأحكام

  • This agreement regulates the relationship between (ذا شفز) and the User and determines the rights and obligations of both Parties.
  • ذا شفز: The Chefz Co., with commercial registration number 1010996779 providing its Services through the (The Chefz) electronic Platform, having its address at: Riyadh, Imam Saud bin Faisal Road, and shall be referred to hereinafter as “we, us or our.”
  • المستخدم: The person signing up for an account with (ذا شفز) Platform or benefiting from the Services of (ذا شفز), and may further refer to anyone who is present or browsing our Platform under the applicable Terms and Conditions.
  • المتجر: Any of the stores, restaurants, bakeries, pastry shops, and other places offering their products on the (ذا شفز) Platform.
  • المندوب: الشخص الذي يوصل الطلب إلى المستخدم.
  • المنصة: (The Chefz) online application through which the User can access or benefit from (ذا شفز) Services.
  • الطرف الثالث: Any person, whether of a natural, general or specific legal capacity, including ذا شفز and its representatives, as the case may be.
  • الاستخدام: means benefiting from any of the Services of (ذا شفز) or signing up or logging onto its Platform. “Uses”, “Using”, and “Used” shall be interpreted accordingly.
  • البيانات الشخصية: means any information relating to an identified or identifiable User.
  • المخالفة: Any act or breach by the User of any provision of the Terms and Conditions or any provision in a law, regulations, decision, contract, custom or violation of public morals, applicable in the Kingdom of Saudi Arabia and in the country in which the User uses the Services of (The Chefz) in its territory and jurisdiction. “Violate”, “violates”, and “violated” shall be interpreted accordingly.

 

  1. The Chefz Services

(ذا شفز) is an electronic platform providing paid Services and enables Users to order from available and subscribing Stores offering their products and merchandise on such platform. It also provides payment service and order delivery service. Therefore, ذا شفز neither prepares, manufactures, offers nor interfere with the products and merchandise offered on the Platform.

 

  1. Terms of Service of the User

The following terms and conditions shall apply to the User in order for its presence and use of (ذا شفز) Services to be lawful:

 

  • The User of (ذا شفز) must be fully competent, have full capacity and must be at the age of (18). If the User lacks competency or is under the age of (18), his/her use of (The Chefz) Services and the application must be approved and be under supervision of a parent or legal guardian, as the case may be. The permission and supervision of the User’s parents or legal guardian shall be reflected in the acceptance and approval of the User’s Terms and Conditions and other policies issued by (The Chefz), as may be updated.
  • No User account is disabled, banned, suspended or canceled by us.
  • (ذا شفز) may be used for personal, non-commercial purposes.

 

  1. Representations and Warranties:
    • The User hereby represents and warrants that the User may use (ذا شفز) application only in a proper manner and for legitimate and acceptable purposes in compliance with our purpose and Services, and in accordance with the Terms and Conditions, the public morals, and all laws, regulations and resolutions issued by the country of which regulations shall be applicable to (The Chefz), and subject to Clause (17) of the Terms and Conditions, and the country in which the User accesses our Services and Platform.

 

  • The User declares that the Terms of Service are applicable to the User, and that the User shall comply with the Terms and Conditions as well as all policies issued by (ذا شفز), as updated.

 

  • The User declares that all data, information, addresses and contacts entered and submitted are true and correct, and the payment methods that will be used are legitimate and owned by the User or the User is authorized to use and act regarding such methods.

 

  • The User undertakes to keep and maintain the credentials of the personal account in secret, and to notify (ذا شفز) as soon as the User becomes aware of any unauthorized or illegal use or access, by any means, to our Services using its own account, credentials, name or address or payment methods.

 

  • The User undertakes not to share or use its account with third parties. Should the User authorizes third party to act on its account, all actions made by said third party shall be deemed to be actions made and liability assumed by the User.

 

  • The User undertakes to be always on connectivity and stay close to the means of communication indicated in the personal account when making an order or using the Services of (ذا شفز) until the service is provided or the order is delivered.

 

  • The User shall not use or include in its orders anything that offends, abuses, harms or harasses others by any means, including (ذا شفز) and delivery agents. The User shall not further send, receive, download or upload in, on or through our Platform anything that is in violation of the Terms and Conditions and the applicable rules, regulations, decisions and public morals. In addition, the User is required to comply with the content standards set forth in Clause (5) of the Terms and Conditions.

 

  • The User shall not process, monitor, copy, extract, collect, merge, modify, alter or take any other action regarding any information, content or data available or accessible through (ذا شفز) Platform in violation, by any means, of the intellectual property rights. The User is not allowed to enter, add, upload or download any illegal or unauthorized material or take any action that would directly or indirectly disrupt or affect the operation or security of (ذا شفز) Platform. The User shall not reverse engineer, reverse assemble, disassemble, or otherwise perform computer or software operations or act on the Chefz Platform for any purpose.

 

  • When rating the Services, the User undertakes to verify the contents described in Clause (13) hereof.

 

  • The User shall assume responsibility for and shall defend, indemnify and hold harmless from and against, all violations, infringements or breaches of any legal or customary provision or agreement, including these Terms and Conditions, caused by intentional acts and omission or negligence.

 

  1. Content Standards
    • The User shall comply with the Acceptable Content Standards, which apply to all data and materials entered, shared, received, sent, downloaded, uploaded and/or displayed by the User, regardless of their nature, through (ذا شفز) Platform, as well as the associated interactive Services. The User shall use the same Platform in compliance with the Terms and Conditions, the public morals, laws, regulations and resolutions in force in the Kingdom of Saudi Arabia, and in any country of which regulations are applicable to the User while using (ذا شفز) Platform and the related Services.

 

  • All User input, contributions and posts shall be true and accurate when presenting or clarifying facts. The User shall act in good faith when providing opinions, suggestions or ratings.

 

  • Such entries, contributions and participations, of any nature or in any form, shall not include:
    • Any words, text, media or conduct that are defamatory, obscene, abusive, racist, hateful, instigative, sexual, promote violence, or promote discrimination based on race, gender, religion, nationality, disability or age;
    • Infringement of any copyright or intellectual property rights, including copyrights, trademarks and patents, of any natural or legal person, including the rights of (The Chefz);
    • Any material that would deceive any person by any means, or breach any legal obligation or duty towards a third party, including, without limitation, the contractual or confidential obligations, or that would promote or support any illegal activity;
    • Threats, abuses, assaults, infringement of privacy, harassment, inconveniences, causing anxiety, or any material that is likely to cause in any way fear, embarrassment or anger to any person;
    • Impersonation of any person, or falsification of the identity or attribution of the User himself to any person or entity; or
    • Carrying out, participating in, endorsing, promoting, or supporting any illegal activity or act, including, but not limited to, copyright infringement or computer misuse.

 

  • Standards and Prohibitions shall be adhered to in both form and substance.

 

 

 

  1. Responsibilities of the User:
    • The User shall be responsible for reviewing these Terms and Conditions and the Privacy Policy, as updated and amended, as well as the notifications sent by (ذا شفز) through the means of communication provided to us.

 

  • The User shall update its data and information if there is any change therein. Otherwise, the data and information registered with us shall be considered and shall be binding subject to the law. In case of failure to update such data and information, the User shall bear all resulting consequences or losses, including interruption, inability or failure to deliver the order.

 

  • The User shall suffer all consequences and losses arising from failure to comply with Clause (4.6) of these Terms and Conditions regarding being always on connectivity while using the Service until completion, including interruption, inability or failure to deliver the order.

 

  • The User shall incur all costs, fees and losses of its orders in case of cancellation, refusal to receive the order, or if the order cannot be delivered due to a reason attributable to the User, in accordance with Clause (11) of the Terms and Conditions.

 

  • The User shall be responsible for verifying the quality, type, reliability and all details of the products offered on (ذا شفز), by directing all inquiries to the Stores offering and providing their Services and products to the User through (ذا شفز) Platform.

 

  • The User shall be held responsible for misusing the Services of (The Chefz) and for violating any of the User’s terms and conditions, violating any law, regulations, decisions, norms or public morals, or assaulting third parties and infringing their rights.

 

  • The User shall accept any consequences arising from providing, entering or registering any incorrect information.

 

  • The User shall be responsible for disclosing its account information and data on (The Chefz) to third parties, including providing third parties with or failing to keep its credentials, or enabling third parties to use its account by any means, whether directly or indirectly.

 

  • The User shall assume responsibility for all consequences arising out of failure to or delaying in notifying us of any illegal access to its data or account, as detailed in Clause (4.4) of the Terms and Conditions. In case of notification, the User shall not be relieved or discharged from the responsibility for any damage incurred as a result.

 

  • The User shall defend, indemnify and hold (ذا شفز) harmless from and against all and any disputes and claims that may brought by (ذا شفز) against the User or by third party against (ذا شفز). In the event, such disputes and claims arise out of an error, omission, breach or violation by the User of any contract, law, regulations, resolutions, customs or traditions in the country in which the User resides, or the country within the jurisdiction of which these infringements and violations fall, or out of the User’s violation of the Terms and Conditions, regardless the nature of such disputes or claims. The indemnification shall include all expenses and fees incurred by (ذا شفز) in satisfaction, settlement or reimbursement of such claims, including judicial costs and attorneys’ fees, even if (ذا شفز) is the losing party.

 

  1. Limitation of Liability of The Chefz:
    • ذا شفز shall not be liable for any damage, loss, or omission caused by any delay or failure to perform the Service for any reason beyond its will or control, including, but not limited to, a cause attributable to the User, force majeure, bad weather conditions, and/or decisions of official authorities, that cannot be foreseen or avoided.

 

  • (ذا شفز) shall not bear responsibility for damage suffered by the User when using our Platform, such as viruses or malicious programs, that do not result from negligence or gross negligence or prepared by us, nor does it bear responsibility for damage caused by a third party not related to us or controlled by us, including, but not limited to, external links and hyperlinks provided through our Platform leading to other websites or programs that we do not guarantee the contents and security thereof. Kindly be noted that at (ذا شفز), we take all reasonable measures to keep our Platform as safe as possible.

 

  • ذا شفز shall not assume responsibility for User’s misunderstanding, misuse of the Service or violation of any of the Terms and Conditions or of any applicable law, regulations, resolutions, norms or public morals, and shall not also be responsible for User’s infringement of any third-party rights, including their representatives.

 

  • (ذا شفز) shall not be held responsible for the incorrect data or contents of the products offered and provided by the Stores whose Services are available on (ذا شفز) Platform, including any food allergens, type, nature, method of preparation or ingredients thereof. In addition, (ذا شفز) shall not be responsible for bad quality of the products and failure to meet the User’s expectations, or for any failure by the said Stores or restaurants to abide by the laws, regulations and resolutions of the Ministry of Health and the Ministry of Municipal, Rural Affairs and Housing of the Kingdom of Saudi Arabia and their counterparts in other countries where the Services of (ذا شفز) are available. All such matters shall be the responsibility of the Store and shall be beyond the control and responsibility of (ذا شفز).

 

  • ذا شفز shall not be responsible for the results of the ratings and comments of the Users, or for the loss arising out therefrom. ذا شفز shall not further assume responsibility for any recommendations of any product or Store that may appear to the User because these results and recommendations are the result of estimated or automated statistical data subject to the information, opinions or data collected from Users.

 

  • ذا شفز shall not be liable for any infringements, violations or breaches of any law, regulations, resolutions, norms or public morals that are committed by a natural or legal person not controlled or supervised by ذا شفز, rather it is managed, supervised or controlled by a third party, including, but not limited to, the infringements, violations or breaches of interactive Services related to oral or written means of communication that are not directly supervised by (ذا شفز).

 

  • In general, (ذا شفز) shall not bear responsibility for any damage or loss not caused by its infringement or negligence.

 

  • (ذا شفز) shall be held responsible in the event of any failure or default in implementation of the request to compensate the User in accordance with Clause (12) of these Terms and Conditions.

 

  1. User’s Rights:
    • Notifying the User of the fundamental modifications made to the Terms and Conditions and the Privacy Policy, and that such fundamental modifications shall apply to the User one week after being notified of such modifications;
    • Providing the User with a soft copy of its order invoice issued by (ذا شفز);
    • Informing the User if its order cannot be delivered;
    • The User’s right to obligate (ذا شفز) to instruct its representatives to perform all precautionary and preventive measures issued by the official authorities;
    • Preserving the User’s personal data as much as reasonably practicable by taking the necessary security measures and procedures and preventing from misusing, using, or sharing such data for other than the legitimate purposes mentioned in the Terms and Conditions or in the Privacy Policy, as updated;
    • Notifying the User of any breach of its personal data on (The Chefz) Platform and databases, clarifying the effects of, and the measures taken to remedy, such breach within (3) days as of the date (The Chefz) becomes aware of the breach;
    • The User shall have the right to hear, receive and address its complaints about exposures while using the Services of (ذا شفز), in accordance with Clause (14) of these Terms and Conditions; and
    • The User desiring to stop using (ذا شفز) Platform and to process and use its personal data in accordance with the Terms and Conditions and the Privacy Policy may contact (ذا شفز) to cancel its account.

 

  1. Powers and Authorities of The Chefz:

In addition to the Terms and Conditions, Privacy Policy, and other policies, if any, of the powers vested in (ذا شفز), the User agrees and acknowledges its knowledge of the following powers of (The Chefz):

  • Keeping and maintaining the User’s personal data, and all information collected from your use of (ذا شفز) Platform, of any nature or in any form, without prejudice to the privacy of the User subject to the restrictions and powers stated in the Privacy Policy until the User contacts (ذا شفز) to cancel the account;
  • Using the User’s personal data and contact details to notify the User of any statement related to its Services, terms, policies, requests, complaints, and other purposes, and the User agrees to use its contact details for advertising, marketing and promotional purposes with regard to the Services of (The Chefz) or of the subscribing Stores or the Stores offering their services thereon;
  • Processing the Users’ personal and non-personal data and information collected, uploaded, sent or entered for the purposes and Services of (The Chefz), and for the purposes of increasing customers, whether Users or Stores, or to conduct any research related to any of the contents of this Clause in accordance with the provisions of the Privacy Policy;
  • Destroying any non-personal data and information collected from the User’s use of the application of any type, including, but not limited to, ratings of the Stores, products and Services, and statistics collected from Users’ use of (ذا شفز) Platform. Nonetheless, such data and information may be reused, sold, distributed or transferred, without any consideration to the User or third party, provided to adopt anonymization approach;
  • Canceling, deleting, suspending or banning temporarily or permanently any account of any User at any time without notice, whether due to User’s violation of the content or Acceptable Use Standards or any provision of the Terms and Conditions, or for any other reason at its sole and absolute discretion, with the right to prosecute the User and obligate the User to incur the resulting legal costs and attorney’s fees;
  • Deleting, blocking or banning any comments, words, posts or inputs of any nature by the User on (ذا شفز) Platform, whether due to violating the content standards or for any other reason, at (ذا شفز) sole and absolute discretion;
  • Suspending its Services or suspending the operation of its Platform, in whole or in part, permanently or temporarily, for the purposes of maintenance, upgrading, development or modification, or for any other purpose or reason, at its sole discretion, at any time without prejudice to the right of the User to whom Service is provided during such interruption or suspension to be compensated in accordance with Clause (12.4) of the Terms and Conditions; and
  • Disposition of its property or outsourcing its Services. In such event, the successor shall be bound by these Terms and Conditions and the Privacy Policy, until updated and notifying the User.

 

  1. How Does The Chefz App Work?
    • ذا شفز Platform allows the User to choose from any of the available Stores offering their Services through the Platform. It also provides a list of the products available at these Stores, their description, prices, and Users’ ratings, in addition to a variety of payment methods according to the User’s preferences. The Platform also enables the User to track the order and to contact the delivery representative.
    • The User may order from one of the available Stores, according to its location, by adding the desired products from the list offered by the Store to the shopping cart. The User may also add (special order) to the product at its desire, by writing a note before adding the product to the shopping cart.
    • When the User selects all products that he/she wants from the list, he/she must go to (the cart), and specify the accurate delivery address and the preferred date of receipt, either at the earliest available time, or by scheduling an appointment via the (Scheduled Appointment) feature by specifying the desired day and time for delivery.
    • The User shall carefully review the order, the invoice, and the information entered including the addresses, means of communication and payment dates and methods selected from the available list before clicking on “Send the order” button, because the contract shall be concluded as soon as the User clicks on “Send the order” and the Store accepts the order.
    • The Chefz shall not be obligated to accept the order after the User submits it for any reason. In this case, the User shall be compensated for any electronic payments previously made.
    • When the User makes any mistake in completing the required data to proceed the order without having the chance to modify the order, the User shall be required to contact the Customer Service at (The Chefz) to correct the order subject to the following:
      • If the order is to be delivered at the earliest date, the User shall inform us of the mistake to be corrected, whenever and where applicable, provided that the Store has not started processing the User’s order during this period;
      • In the event that the order is scheduled, the User shall inform us of the mistake to be corrected at least (24) hours prior to the order delivery date, provided that the Store has not started processing the User’s order during this period;
      • Upon the expiry of the specified period, the User’s right to use its right contained in this Clause shall be forfeited if the User has benefited from the received product and/or the Service, including, without limitation, starting to prepare the order or receiving the order by the representative to benefit from the Service provided by (ذا شفز); and
      • Not every modification that the User wishes to make shall be considered as a mistake under the provisions of this Article. (The Chefz) shall, at its discretion, determine the mistake that may be corrected in accordance with the provisions of this Clause, whenever and where applicable.

The User shall contact the Customer Service at (the Chefz) to inform us of the mistake as soon as reasonably practical to be corrected only if the Store has not started processing the User’s order.

  • We may correct any unintentional mistake in the statement or offer made or apparent to the User, provided that the User is contacted and informed of the mistake as soon as we become aware of it and prior to starting the processing of the order or receiving or delivering the order to the User. In such event, the User may select proceeding with the order after the correction or canceling the order and being compensated for the consequences of this mistake only.
  • The delivery representative’s termination of the order is considered a completion of the Service and a presumption that the User has received the order. The User whose order is terminated before receiving it must file a complaint within (10) minutes from the time the delivery representative terminates the order, in accordance with Clause (12.5) of the Terms and Conditions.
  • The User shall incur any amounts imposed by the Store in excess of the contents of the invoice as a result of adding any note or special request to the product.
  • All data and details provided in the Stores and their lists shall be the responsibility of the Store that supplies (The Chefz) with them, and we do not guarantee their accuracy. The User shall be held responsible for verifying the accuracy of the details directly from the Store in accordance with Clause (6.5) of the Terms and Conditions.

 

  1. Cancellation and Failure to Deliver the Order:
    • The User is allowed to cancel the applicant’s order, provided that the Store has not started processing the User’s order, without incurring any financial charges.
    • If the User wishes to cancel the order after the Store has started processing it, the User shall pay all financial costs incurred thereon.
    • If the User has a scheduled order using the “Scheduled Appointment” feature, the User may contact the Customer Service via the “Contact Us” feature to cancel the order before starting to process it. Otherwise, the provisions of Clause (11.2) above on cancellation shall apply.
    • If the User refuses to receive the order having been delivered to the location entered, the order shall be considered cancelled after it has been accepted and prepared, and the provisions of Clause (11.2) above shall apply.
    • If it is not possible to reach the User due the inaccurate addresses or means of communication, or if the User fails to stay on connectivity after making the order, a (30)-minute period shall be given from the time the representative arrives at the location specified by the User. If such period is expired without responding to or contacting the representative or the Customer Service or without receiving the order, the order shall be cancelled, and (The Chefz) shall not be obligated thereafter to deliver the order or compensate the User by any means due to violation of Clauses (6.2) and (6.3) of the Terms and Conditions.
    • (The Chefz) does not provide a replacement or return service for any of the products ordered/received by the User, regardless of the nature of the product, since the Store’s return policies shall apply, which is beyond our control. Accordingly, the User must directly communicate with the Store that owns the product.

 

  1. Cashback Code:
    • 42% cashback can be earned on the invoice by at most SAR 15 as of 01/12/2023 till the end of the promotion.
    • You may earn cashback with the delivery service and gifts only.
    • No cashback is earned for the remaining services of the Application.
    • Earned cashback shall be credited to the Customer’s wallet and shall not be transferred to the bank account.
    • Earned cashback shall be credited to the Customer’s wallet within one hour after delivery and electronic payment only through the Application, saving from paying in cash or transferring to the account of the delivery captain.
    • In case of order cancellation or non-payment, the customer shall not earn any cashback.
    • Cashback shall not be withdrawn or redeemed for cash.
    • The Chefz Application shall be entitled to change the Terms and Condition of cashback offers without prior notice.
    • Balance shall be valid for 3 days as of the invoice date.

 

  1. Compensation:
    • The User who suffers damage, has a missing item from its order or receive a product different from the ordered product, shall receive compensation by any of the following means:
      • Attempting to deliver the same product ordered by the User or a similar product subject to the agreement while taking into account the price difference; or
      • Reimbursing the User for the value of the missing or damaged product or the value of the correct product.
    • The User shall be entitled to compensation if the product ordered is not available in the Store, and shall be compensated with the value of the product, if he has paid for the product in advance electronically before receipt.
    • In the event of a delay in the delivery of the order, the User shall be entitled to be compensated with the value of the delivery, based on a complaint submitted by the User. However, the User’s request shall be considered late if submitted after (60) minutes as of the scheduled delivery time. Provisions of Clause (1.7) of the Terms and Conditions shall be excluded.
    • In the event of a disruption or suspension of (ذا شفز) Platform during the User’s Service; i.e. after sending the order and before delivering the order to the User, for more than (60) minutes without bringing the Platform back online, the User shall be entitled to receive compensation by refunding the electronic payments previously made for such order, provided that the representative delivering the order does not contact the User or the order is not delivered to the User during this downtime.
    • The User must verify the order upon receiving. In the event of any observations on the delivered order, the User shall contact the Customer Service via the “Contact Us” feature within (10) minutes as of the time of receiving the order for necessary actions including verification and compensation.
    • The provisions of force majeure set forth in Clause (7.1) of the Terms and Conditions shall be considered as stated herein.
    • Compensation shall be made by crediting the amount to the User’s wallet on (ذا شفز) Platform, or by transferring the amounts to its bank account provided to the Customer Service at its own risk.
    • The process of depositing the amount into the User’s bank account may take from 7 to 14 working days as of the date on which the User’s complaint is resolved by agreeing to compensate the User. In the event of any delay, the User must communicate with us to clarify any confusion, and to be provided with a copy of the refund notice, if requested, to follow up with the bank.

 

  1. Rating:
    • After completion of the Service provided to the User, the User may be asked to rate the Store dealt with and may also be asked to rate the representative and the Services of (ذا شفز).
    • Only the actual Service User should give the rating.
    • The User’s rating of the Services and the representative, Stores and products must be fair, honest, true and correct as far as reasonably practical. The User shall not use such rating for abusive, disparaging, misleading or manipulative purpose in any way, positively or negatively.
    • The content standards and prohibitions contained in Clause (5) shall apply to the content entered and included by the User in the rating. Provisions of Clause (9.6) shall apply to the User’s rating.
    • (ذا شفز) shall have the right to stop, suspend or ban, temporarily or permanently, the rating for all, certain or one of its Users, for any reason, at its absolute discretion.

 

  1. Complaints and Suggestions:
    • The User shall have the right to submit any note, suggestion, complaint or otherwise when experiencing a reason to do so while using (ذا شفز).
    • The User can submit his observation by contacting the Customer Service of (ذا شفز) by clicking on the (Contact Us) button on the (ذا شفز) Platform, choosing the type of observation from the list, and clarifying its statements in detail. The User may be contacted directly by calling the Customer Service team of (ذا شفز). Such calls may be recorded for the purpose of controlling the quality of the User’s Service.
    • At (ذا شفز) we always strive to satisfy the Users, and we promise to consider the User’s suggestions and inquiries as much as reasonably practical. We will also address the complaints submitted by the User by investigating such complaints within two days as of the submission date. The User shall be compensated in case of occurrence of any event described in Clause (12) of the Terms and Conditions. The User may follow up on the filed complaint and its outcome through the (Contact Us) feature on our Platform.
    • The provisions of the content standards contained in Clause (5) of the Terms and Conditions shall apply to the User’s contact with (ذا شفز) Customer Service through any of the means of communication available to the User.

 

  1. Preservation of Data:

(ذا شفز) collects, preserves, protects and processes the User’s data and information while using our Services and having an account with it. For more clarification about how (ذا شفز) uses the User’s data and information and the restrictions thereon, kindly review the Privacy Policy هنا.

 

  1. Intellectual Property Rights:

All intellectual, literary and industrial property rights of (ذا شفز) Platform, such as trademarks and copyrighted works, are protected under international laws, regulations and agreements. Such rights may not be infringed by deletion, change, addition, modification, distortion, sale or copy or reproduction of the license, reprinting, downloading, advertising, transmission, distribution, display, editing, creation of derivative works, or otherwise exploitation, in any way, for personal or commercial purposes; except for those authorized to do so with the prior written consent of (ذا شفز).

 

  1. Governing Laws:

All legislations of the Kingdom of Saudi Arabia and the resolutions issued by the official bodies shall apply, for all matters not covered hereby, to the following:

  • Terms and Conditions, Privacy Policy, and any policy advertised by (ذا شفز).
  • The relationship between (ذا شفز) and the User while using the Services of (ذا شفز), and all disputes and claims that may arise out of using the (ذا شفز) Platform or Services.

 

  1. Settlement of Disputes:
    • The courts of the Kingdom of Saudi Arabia situated in the city of Riyadh shall have jurisdiction to settle any dispute arising as out of or in connection with visiting our Platform or using our Services, or violating any provision of the Terms and Conditions or any law, regulations, resolution, norm or public morals; regardless the city or the country in which the User resides and address of (ذا شفز).
    • Before filing a lawsuit at the court of competent jurisdiction to hear the dispute in Riyadh, the User must report his complaint to the Customer Service of (ذا شفز). In case of failure to reach a solution or amicable settlement within (15) days as of the date of reporting the complaint, the User may refer to the court of competent jurisdiction for adjudication. Otherwise, the User will be responsible for any fees, litigation costs, or attorney’s fees arising out of this lawsuit, even in the event of (ذا شفز)’s loss of the lawsuit and subsequent settlement of the lawsuit.
    • The provisions of this Clause and Clause 17 shall not prejudice the right of (ذا شفز) to prosecute the User when violating the laws of other countries competent to consider the crimes and violations of the User within their territories.

 

  1. Miscellaneous Provisions:
    • The Privacy Policy and any other policy that we may advertise shall be considered a supplementary and complimentary to the Terms and Conditions.
    • Any failure on the (ذا شفز)’s part to exercise any of its rights or powers stipulated in the Terms and Conditions or other policies shall not constitute a waiver or revocation of rights and powers.
    • The invalidity of any provision of the Terms and Conditions or other policies on violation of any legislate shall not affect the validity of the remaining provisions which shall remain in full force and effect.
    • In the event of a conflict between the Terms and Conditions drafted in Arabic and another language, the Arabic language version shall prevail.
    • (ذا شفز) shall send notices and notifications to the cellphone number or e-mail that the User registers in his account. The User shall change the cellphone number and e-mail upon any change therein. Otherwise, they will be considered in force and legally binding according to law.

 

  1. Amendment to Terms and Conditions:
    • We at (ذا شفز) shall have the right to amend the Terms and Conditions, Privacy Policy or any other announced policy, at any time.
    • It is the User’s responsibility to review the updates or modifications made thereto as of the date of being informed of such modifications.
    • These amendments shall be effective and enforceable against the User (one week) after the date on which the User was notified thereof.
    • The notification shall be considered duly made and served once published on (ذا شفز) Platform with a warning of its modification on this Platform, or by sending an electronic hyperlink leading the User to the modification or sending an alert of its modification to the means of communication that the User enters in its account, The User’s negligence in reviewing such modifications or the messages, shall not be considered to determine whether the notification is duly made and served or not.
    • In the event that the User does not agree to any of the amendments, the User must stop using the Services of (ذا شفز) and exit the Platform. To prevent the processing of its data in accordance with the Terms and Conditions and the Privacy Policy, the User must submit a request to us to cancel the account.

 

  1. Inquiries and Assistance:

If you have any questions or inquiries regarding the Terms and Conditions, you can contact us via the following e-mail for clarification: support@thechefz.co.

arالعربية