Terms and Conditions
(Last update on: 06/30/2022 G)
Welcome to the terms and conditions of use of (The Chefz) website and application.
The following terms, wherever mentioned in these Terms and Conditions, shall have the meanings indicated next to them, unless the context requires otherwise:
Terms and Conditions: This agreement regulates the relationship between (The Chefz) and the User, and defines the rights and obligations of both parties.
The Chefz: Best Chefs Company, serving meals, with commercial registration number 1010996779, and provides its Services through the (The Chefz) electronic Platform, having its address at: Riyadh – Imam Saud bin Faisal Road. It may be referred to in the Terms and Conditions as “we, us or our.”
User: A person who registers an account with (The Chefz) Platform or who benefits from the Services of (The Chefz). It may also refer to anyone who is present or browsing our Platform within the limits of the Terms and Conditions that apply to him.
Store: Any of the stores, restaurants, bakeries, sweets shops – and other places that display their products on the (The Chefz) Platform.
Representative: The person who delivers the order to the User.
Platform: (The Chefz) online application through which the User can access or benefit from (The Chefz) Services.
Third Party: Any person, whether of a natural, general or specific legal capacity. It may also include The Chefz and its representatives, depending on the context.
Use: Benefiting from any of the Services of (The Chefz) or registering or being on its Platform. The definition includes all tenses of the verb.
Personal Data: Any statement that specifically identifies the User, or makes it identifiable.
Violation: Any act or violation 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. The definition includes all tenses of the verb.
2. The Chefz Services
(The Chefz) is an electronic platform that provides a paid Service that enables Users to order from available and joint Stores whose products and merchandise are displayed within it. It also provides payment service and order delivery service. Therefore, The Chefz does not prepare, manufacture, offer or interfere in the products and merchandise offered on its Platform.
3. User Terms of Service
The following conditions must apply to the User in order for his presence and use of (The Chefz) Services to be lawful:
3.1 The User of (The Chefz) must be authorized to act and have full capacity and be at the age of (18) years. If the User is incompetent or under the age of (18), his 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 his parents or legal guardian is an acceptance and approval of the Terms and Conditions of the User and other policies issued by (The Chefz), as updated.
3.2 That we have not previously stopped, banned, suspended or canceled any User account.
3.3 To use (The Chefz) for personal, non-commercial purposes.
4.1 The User undertakes not to use (The Chefz) application except in ways and for legitimate and acceptable purposes, that are consistent with our purpose and Services, with the Terms and Conditions, with public morals, and in compliance with all the laws, regulations and decisions issued by the country to whose regulations (The Chefz) is subject, in accordance with Clause (17) of the Terms and Conditions, and the country in which the User is accessing our Services and Platform.
4.2 The User undertakes that the Terms of Service apply to him, and that he will comply with the Terms and Conditions and all policies of (The Chefz), as updated.
4.3 The User undertakes that all data, information, addresses and contact numbers that he enters and submits are correct and true, and that the payment methods he uses and submits are legitimate and owned by him or that he is authorized to use and act on them.
4.4 The User undertakes to maintain his personal account data and his secret password, and to notify (The Chefz) as soon as he becomes aware of any unauthorized or illegal use or access – by any means – to our Services and for his own account or his secret password, name or address or saved payment methods.
4.5 The User undertakes not to participate in or use his account with third parties, and if he permits others to act on his account, the acts by third parties shall be considered as his own acts and shall be at his own responsibility.
4.6 The User undertakes to be in constant contact with the Internet and near the means of communication which data was entered in his account when requesting or using the Services of (The Chefz), until the end of the Service or receipt of the request.
4.7 The User undertakes not to use or include in his requests anything that offends, abuses, harms or harasses others in any way, including (The Chefz) and delivery agents, and not to send, receive, download or upload in, on or through our Platform anything that is in violation of the terms and the applicable provisions, rules, regulations, decisions and public morals, and to comply with the content standards set forth in Clause (5) of the Terms and Conditions.
4.8 The User undertakes not to process, monitor, copy, extract, aggregate, merge, modify, alter or otherwise act on any information, content or data available or accessible through the (The Chefz) Platform, and not to display add, upload or download any illegal or unauthorized material, not in any way infringe on intellectual property rights, and not do anything that would directly or indirectly disrupt or affect the operation or security of (The Chefz) Platform; and not to reverse engineer, reverse assemble, disassemble, or otherwise perform computer or software operations and acts on the Chefz Platform for any purpose.
4.9 When evaluating the Services, the User undertakes to verify contents in Clause (13) of these Terms and Conditions.
4.10 The User undertakes to be responsible for all violations, infringements or breaches of any legal, customary provision or agreement – including these Terms and Conditions – intentionally or negligently – and to compensate for them.
5. Content Standards
5.1 The User must comply with the Acceptable Content Standards, which apply to all that he enters, shares, casts, sends, downloads, uploads or displays – and the like, of whatever nature – on the (The Chefz) Platform, and the interactive Services associated with it. Throughout his use of it, it must be in compliance with the terms, conditions, public morals, laws, regulations and decisions in force in the Kingdom of Saudi Arabia, and in any country to whose regulations the User is subject while using the (The Chefz) Platform and its related Services.
5.2 All User input, contributions and posts must be accurate when presenting or clarifying facts, and the User must act in good faith when providing opinions, suggestions or ratings.
5.3 Such entries, contributions and participations, of whatever nature or form, must be free of the following:
5.3.1 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.
5.3.2 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).
5.3.3 What would deceive any person in any way, or breach any legal obligation or duty towards a third party, such as contractual or confidential obligations, or what would promote or support any illegal activity.
5.3.4 Threats, abuses, assaults, infringement of privacy, harassment, inconveniences, causing anxiety, or what is likely to frighten, embarrass or anger any person; in any way.
5.3.5 Impersonation of any person, or falsifying the identity or attribution of the User himself to any person or entity.
5.3.6 Carrying out, participating in, endorsing, promoting, or supporting any illegal activity or act, including, but not limited to, copyright infringement or computer misuse.
5.4 The spirit of the Standards and Prohibitions must be complied with, and the literal meanings of their texts must be complied with.
6. User Responsibilities
6.2 The User is obligated to update his data and information upon every change that occurs to it, otherwise the data and information registered with us will be considered and enforced according to Law. He must bear all the consequences or losses resulting from not updating them, including obstruction, inability or failure to deliver the request.
6.3 The User shall bear all the consequences and losses resulting from his non-compliance with Clause (4.6) of these Terms and Conditions, which is related to keeping in touch during the use of the Service until its termination, including obstruction, inability or failure to deliver the request.
6.4 The User shall bear the full costs, fees and losses of his requests that he cancels, refuses to receive, or that we are unable to deliver due to a reason attributed to the User, in accordance with the provisions of Clause (11) of the Terms and Conditions.
6.5 It is the responsibility of the User to verify the quality, type, reliability and details of the products displayed in (The Chefz) and all that is related to them, by inquiring directly from the Stores that offer and present their Services and products to the User through the (The Chefz) Platform.
6.6 The User is responsible for misusing the Services of (The Chefz) and for violating any of the User’s conditions, violating any law, regulations, decisions, norms or public morals, or assaulting others and their rights.
6.7 The User shall bear any consequences arising from providing, entering or registering any incorrect information.
6.8 The User is responsible for disclosing his account information and data in (The Chefz) to third parties, including providing third parties with his personal password, failing to save it, or enabling others to use his own account by any means, directly or indirectly.
6.9 The User shall be responsible for all consequences of not notifying us or delaying in notifying us of any illegal access to his data or for his own account, as detailed in Clause (4.4) of the Terms and Conditions. The notification does not absolve him of liability for any damage incurred as a result.
6.10 The User shall indemnify (The Chefz) for all disputes and claims that (The Chefz) may raise against the User or be raised against (The Chefz) from third parties, in the event that these disputes and claims arise from an error, omission, breach or violation by the User of any contract, law, regulations, decisions, customs or habits in the country in which he resides, or the country within the jurisdiction of which these infringements and violations fall, or arising from his violation of the Terms and Conditions, whatever the nature of these disputes or claims. Compensation includes all expenses and fees incurred by (The Chefz) in meeting, settling or repaying such claims, including judicial costs – even in the event of a loss on the part of (The Chefz) – and attorneys’ fees.
7. The Chefz Limitation of Liability
7.1 The Chefz shall not be liable for any damage, losses, or omissions that occur as a result of delay or inability to implement the Service for any foreign reason beyond its will or control, including, but not limited to, a cause attributable to the User, or force majeure, bad weather conditions, or decisions of official authorities and the like, that cannot be expected or cannot be avoided.
7.2 (The Chefz) does 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 that is caused by a third party that is not related to us or that we do not have any control over, including, but not limited to, links and transfers made from our Platform to other sites and programs the contents and security of which we do not guarantee. Note that at (The Chefz) we take all necessary measures to keep our Platform as safe as possible.
7.3 The Chefz shall not be liable for User misunderstanding, User misuse of the Service or the User’s violation of any of the Terms and Conditions or of any applicable law, regulations, decision, custom or public morals, nor is it responsible for User’s infringement of any rights belonging to others, including its representatives.
7.4 (The Chefz) is not responsible for the incorrect data or contents of the products offered and provided by the Stores whose Services are available on (The Chefz) Platform, including that they are free from foods or allergens, their type, nature, method of preparation or contents, and so on. Also, (The Chefz) is not responsible for the bad quality of the products and for their failure to live up to the aspirations of the User, and for the failure of these Stores or restaurants to follow the laws, regulations and decisions related to the provisions of the Ministry of Health and the Ministry of Municipal and Rural Affairs of Saudi Arabia and their equivalent in other countries where the Services of (The Chefz) are available. All these are the responsibility of the Store and are beyond the authority and responsibility of (The Chefz).
7.5 The Chefz is not responsible for the results of the evaluation and the comments contained in the Users’ comments therein, and for the losses that may occur as a result of them, nor is it responsible for the recommendations that appear for any product or Store to the User. This is because these results and recommendations are the result of estimated or automated statistical data according to the information, opinions or data collected from Users.
7.6 The Chefz shall not be liable for any infringements, violations or breaches of any law, regulations, decision, customs or public morals that are committed by a natural or legal person over whom it has no authority or supervision and is under the management, supervision or authority of 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 (The Chefz).
7.7 Generally, (The Chefz) does not bear liability for what is not the result of its infringement or negligence.
7.8 (The Chefz) shall bear the responsibility in the event of any failure or default to implement the request to compensate the User in accordance with the provisions of Clause (12) of these Terms and Conditions.
8. User Rights
8.2 Providing the User with an electronic copy of his order invoice from (The Chefz).
8.3 Informing the User if his request cannot be delivered.
8.4 The User’s right to commit (The Chefz) to direct its representatives to implement all precautionary and preventive measures issued by the official authorities.
8.6 Notifying the User of any breach of his personal data on (The Chefz) Platform and databases, clarifying its effects and the measures taken to address it, within (3) days from the date of (The Chefz) becoming aware of the breach.
8.7 The User has the right to hear, receive and address his complaints about exposures while using the Services of (The Chefz), in accordance with Clause (14) of these Terms and Conditions.
9. The Chefz Powers
9.2 Using the User’s personal data and his contact data, to notify the User of any statement related to its Services, terms, policies, requests, complaints, and other reasons, and the User agrees to use his contact data to provide advertisements, marketing and promotional offers related to the Services of (The Chefz) or of joint Stores or the Stores in which they are displayed.
9.4 Disposing of any of the non-personal data and information collected from the User’s use of the application of any nature or type, including, but not limited to, his evaluation of Stores, products and Services, and statistics collected from Users’ use of (The Chefz) Platform. It may also reuse, sell, distribute or transfer it, without any consideration to the User or third party, provided that this is done in a way that does not lead to the User being specifically identified.
9.5 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 in its sole and absolute discretion, with the right to prosecute the User and cause him to bear the resulting legal costs and attorney’s fees.
9.6 Deleting, blocking or banning any User comments, words, posts or inputs of any nature in (The Chefz) Platform, whether for violating the content standards or for any other reason, at the will and sole discretion of (The Chefz).
9.7 Suspending its Services or suspending the operation of its Platform, in whole or in part, permanently or temporarily, for the purposes of maintenance, update, development or modification, or for any other purpose or reason, in its sole discretion, at any time. This does not prejudice the right of the User whose Service is being serviced during this stopping or suspension to be compensated according to Clause (12.4) of the Terms and Conditions.
10. How Does The Chefz App Work?
10.1 The Chefz Platform allows the User to choose from any of the available Stores that offer their Services to us. It also provides a list of the products available at these Stores, their description, prices, and Users’ evaluation of them, in addition to a variety of payment methods according to the User’s preferences. It enables the User to track the order, and communicate with the delivery representative.
10.2 The User can order from one of the displayed and available Stores – according to his location – by adding the products he wants from the list displayed in the Store to the shopping cart, and the User can also add (special request) to the product according to his desire, by writing a note before adding the product to the basket.
10.3 When the User has finished selecting the products he wants from the list, he must go to (the cart), and specify the exact 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.
10.4 The User must carefully review the application, the invoice, and the information he enters from addresses, means of communication, appointments, or payment methods that he chooses from the available list before pressing “Send the request,” as the contract is concluded as soon as the User clicks on “Send the request” and the Store’s acceptance of it.
10.5 The Chefz is under no obligation to accept the Application after the User has submitted it, for any reason. In this case, the User shall be compensated for the amounts previously paid electronically.
10.6 For the User, when he commits an error regarding the data required to complete the application – without the Platform allowing him to modify the request – contact the Customer Service at (The Chefz), with a request to correct it according to the following:
10.6.1 If the request is specified at the earliest date, he must inform us of the location of the error to correct it – if possible, and according to the case – provided that the Store has not started processing the User’s request during this period.
10.6.2 In the event that the request is scheduled, he must inform us of the location of the error to correct it at least (24) hours before the date of delivery of the request, provided that the Store has not started processing the User’s order during this period.
10.6.3 The User’s right to use his right contained in this Clause shall forfeit, upon the expiry of the specified period, if he has benefited from the received product or from the Service, or if he has obtained any benefit from them; for example, but not limited to, starting to prepare the request or receiving the request by the representative as a benefit from the Service provided by (The Chefz).
10.6.4 Not every modification that the User wishes to make is an error under the provisions of this section. The estimation of the error that may be corrected is up to (The Chefz) according to the provisions of this Clause, then according to the reality of the situation and the possibility of correction.
To contact the Customer Service at (the Chefz) to inform us of the location of the error as soon as possible to correct it – provided that in this case the Store has not started processing the User’s request.
10.7 We may correct an unintended error in the statement or offer made or apparent to the User, provided that the User is contacted and informed of the error as soon as we become aware of it and before starting the processing of the order or before receiving the order or before it is delivered to the User. In this case, the User is given the choice between continuing to implement his request after the correction or canceling it and being compensated for the consequences of this error only.
10.8 The delivery representative’s termination of the order is considered a completion of the Service and a presumption that the User has received his request, and the User who terminated his order before receiving it must file a complaint within (10) minutes from the time the delivery representative terminated the order, according to Clause (12.5) of the Terms and Conditions.
10.9 The User shall bear 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.
10.10 All data and details displayed in the Stores and their lists are the responsibility of the Store that supplied (The Chefz) with them, and we do not guarantee their correctness, and it is the responsibility of the User to verify the details from the Store directly in accordance with Clause (6.5) of the Terms and Conditions.
11. Cancellation and Failure of the Request
11.1 The User is allowed to cancel the applicant’s request, provided that the Store has not started processing the User’s request, without any financial charges being imposed.
11.2 If the User wishes to cancel his order after the Store has started processing his order, he must pay all financial costs incurred on the order.
11.3 If the User submits a scheduled request using the “Scheduled Appointment” feature, he may contact Customer Service via the “Contact Us” feature to cancel the request before starting to process it, otherwise the provisions of Clause (11.2) above shall apply to cancellation.
11.4 If the User does not receive the request for refusing to receive it despite accessing the site entered by him, he is considered to have canceled the request after accepting and preparing it, and the provisions of Clause (11.2) above shall apply.
11.5 If it is not possible to reach the User by entering the wrong addresses or means of communication, or if he does not remain in contact after sending the request, a period of (30) minutes shall be given from the time the representative arrives at the site specified by the User. If this period expires without responding to the representative or without communicating with him or with Customer Service or without receiving the request, his request will be terminated, and (The Chefz) is not obligated after that to deliver the request or compensate him, in any way, for violating Clauses (6.2). and (6.3) of the Terms and Conditions.
11.6 (The Chefz) does not provide a replacement or return service for any of the products requested/received by the User – whatever the nature of the product-, and the Store’s return policies shall apply, which is beyond our control. Then, he must communicate with the Store that owns the product directly.
12.1 The User who has damaged or missing product from his order or who has received a product different from the product he ordered, shall be compensated by one of the two means:
12.1.1 Attempting to deliver the same product that the User requested, or a product similar to it, according to the agreement and taking into account the price difference.
12.1.2 Reimbursing the User for the value of the missing or damaged product or the value of the correct product.
12.2 The User is entitled to compensation if the product he ordered is not available in the Store, and shall be compensated with the value of the product, if he has paid the value of the product previously online before receipt.
12.3 In the event of a delay in the delivery of his order, the User shall be entitled to be compensated with the value of the delivery, based on a complaint submitted by him. His request is considered late when it exceeds (60) minutes from the scheduled delivery time. An exception to this is what was stated in Clause (1.7) of the Terms and Conditions.
12.4 In the event of a disruption or suspension of the work of the (the Chefz) Platform during the User’s Service – that is, after sending the request and before delivering it to him – for more than (60) minutes without restarting it, the User is entitled to compensation by refunding what he had previously paid electronically in this request, provided that he does not continue to be contacted by the representative serving him or that he does not receive the request during this downtime.
12.5 The User must verify the validity of the request upon receiving it. In the event of any observations on the delivered request, the User must contact Customer Service via the Contact Us feature within (10) minutes from the time of receiving the request to take the necessary actions by verification and compensation.
12.6 The provisions of force majeure mentioned in Clause (7.1) of the Terms and Conditions shall be taken into account as stated in this Clause.
12.7 Compensation is made by depositing the amount in the User’s account wallet on (The Chefz) Platform, or by a money transfer deposited into his bank account, which he provides the Customer Service with at his own risk.
12.8 The process of depositing the amount into the User’s bank account may take from 7 to 14 working days from the date on which the User’s complaint is resolved by agreeing to compensate him. 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 it up with the bank.
13.1 After the end of the Service provided to the User, the User may be asked to rate the Store he has dealt with, and he may also be asked to rate the representative and the Services of (The Chefz).
13.2 Only the actual Service User should perform the evaluation.
13.3 The User’s evaluation of the Services and their representatives, the Stores and their products must be fair, honest, true and correct as far as possible, and he may not use them for abusive, disparaging, misleading or manipulative purpose in any way, positively or negatively.
13.4 The content standards and prohibitions in Clause (5) apply to what the User enters and guarantees in the evaluation, and the provisions of Clause (9.6) apply to the User’s assessment.
13.5 (The Chefz) has the right to stop, suspend or prevent evaluation, temporarily or permanently, for all, some or one of its Users, for any reason, in its absolute discretion.
14. Complaints and Suggestions
14.1 The User has the right to submit any note, suggestion, complaint or otherwise, when exposed to a reason to do so while using (The Chefz ).
14.2 The User can submit his observation by contacting the Customer Service of (The Chefz) by clicking on the (Contact Us) feature on the (The Chefz) Platform, choosing the type of note from the list, and clarifying what he has as an accurate description. The User may be contacted directly by calling the Customer Service team (The Chefz), and these calls may be recorded for the purposes of controlling the quality of the User’s Service.
14.3 At (The Chefz) we always strive to satisfy Users, and we promise to listen to the User’s suggestions and inquiries as much as possible. We will also address the complaints submitted by the User by investigating them within two days from the date of its registration. He shall be compensated when one of the cases mentioned in Clause (12) of the Terms and Conditions is achieved. The User can follow up on his restricted complaint and its outcome through the (Contact Us) feature on our Platform.
14.4 The provisions of the content standards contained in Clause (5) of the Terms and Conditions shall apply to the User’s communication with (The Chefz) Customer Service through any of the means of communication that allows the User to reach us.
15. Saving data
16. intellectual property rights
All (The Chefz) Platform and the intellectual, literary and industrial property rights it contains – such as trademarks and copyrighted works – are protected under international laws, regulations and agreements. They may not be infringed by deletion, change, addition, modification, distortion, sale or license copy, reproduction, reprinting, downloading, advertising, transmission, distribution, display, editing, creation of derivative works, or otherwise prejudice or exploit, in any way, for personal or commercial purposes; except for those authorized to do so with the prior written consent of (The Chefz).
17. Applicable Laws
All legislations of the Kingdom of Saudi Arabia and the decisions issued by its official bodies shall apply – and be supplemented by matters not provided for in context- on the following:
17.2 The relationship between (The Chefz) and the User while using the Services (The Chefz), and on all disputes and claims that may arise as a result of using the (The Chefz) Platform or Services.
18. Settlement of Disputes
18.1 The courts of the Kingdom of Saudi Arabia located in the city of Riyadh shall have jurisdiction to settle any dispute arising as a result of visiting our Platform or using our Services, or as a result of violating any provision of the Terms and Conditions or any law , regulation, decision, custom or public morals; whatever city or country the User resides in and whatever address of (The Chefz).
18.2 Before filing a lawsuit at the competent court to hear the dispute in Riyadh, the User must report his complaint to the Customer Service (The Chefz), and in the event that a solution or amicable settlement is not reached within (15) days from the date of reporting the complaint, he may refer to the competent court for adjudication; otherwise, he will be liable for any fees, litigation costs, or attorney’s fees arising from this lawsuit, even in the event of (The Chefz)’s loss of the lawsuit and subsequent settlement of the lawsuit.
18.3 The provisions of this Clause, and of Clause 17, do not prejudice the right of (The Chefz) to prosecute the User when violating the laws of other countries that are competent to look into the crimes and violations of the User within their territories.
19. General Provisions
19.2 The failure of (The Chefz) 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 it.
19.3 The invalidity of any provision of the Terms and Conditions or other policies – for violation of any legislation – does not affect the validity of the remaining provisions, and they shall remain in effect.
19.4 In the event of a conflict between the Terms and Conditions written in Arabic and another language, the interpretation of what was written in the Arabic language shall be taken into consideration.
19.5 (The Chefz) shall send notices and notifications to the mobile number or e-mail that the User records in his account, and he is obligated to update them upon any change therein; otherwise, they will be considered in force and productive of legal effects according to law.
20. Amendment to Terms and Conditions
20.2 It is the User’s responsibility to see the updates or modifications made to them since the date of his being informed of such modifications.
20.3 These amendments shall be effective and enforceable on the User after (one week) from the date on which the User was notified thereof.
20.4 The notification is considered complete as soon as it is published on (The Chefz) Platform with a warning of its modification on this Platform, or by sending an electronic link linking the User to it or sending an alert of its modification to the means of communication that the User enters in his account, The User’s negligence in viewing them or perusing the messages, shall not be considered to determine whether the notification is complete or not.
21. Inquiries and Assistance
If you have any questions or concerns regarding the Terms and Conditions, you can contact us via the following e-mail to clarify them: email@example.com.