Terms and Conditions

Terms and Conditions for DCA Food’s Online Services
‍(United Arab Emirates)
Last updated: [25 July 2022]

DCA Food (the Software) is created, owned and operated by DIGITAL COMMERCE ACCELERATOR DMCC, with trade license number DMCC-850627, whose registered office address is Unit No: RET-R6-072 Detached Retail R6 Plot No: JLT-PH2-RET-R6, Jumeirah Lakes Towers, Dubai, United Arab Emirates(referred to in these terms and conditions (Terms and Conditions) as 'we', 'us' and 'our', “DCA Food”).

IMPORTANT: Please carefully read and understand these terms and conditions (“terms”). They contain limitations on DCA Food liability and other provisions that affect your legal rights.

We are an online ordering system providing technological infrastructure for pickup, ordering and delivery (“Services”) to various types of companies including businesses from small and medium size to large-scale (“Customers”). Terms and conditions between us and Customers are defined in a separate, private commercial agreement.
By installing, accessing or using any of our or Customers’ websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are accepting the Terms and Conditions and entering into a binding agreement with us.
You should also review our Privacy Statement which describes how we collect, use and share information. 
The online services are not intended to be used by, or targeted to, anyone under the age of 18. You must be at least 18 years old to use the online services. If you are at least 17 but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
If you do not agree to these terms, then you must immediately stop using the online services and request that DCA Food close any online services account that you have created. You can request account deletion by sending an email to [email protected], please include the email address of the account that you want deleted.

‍1. About the online services.‍

‍Availability of products and services. DCA Food’s products and services are available in many parts of the world. However, the online services may describe products and services that are not available worldwide. Obey the rules of the road. Whenever you use the online services, you must obey the rules of the road and all applicable rules and regulations. YOU MUST NOT USE THE ONLINE SERVICES WHILST DRIVING OR WHILST BEHIND THE WHEEL OR CONTROLS OF A VEHICLE THAT IS MOVING OR NOT IN “PARK”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. DCA Food does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. 

‍DCA Food’s right to update or terminate the online services. You understand and consent that (with or without notice) DCA Food may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any DCA Food mobile app that you have installed on your device.

‍Updates to these terms. DCA Food may also update these terms at any time and at its sole discretion. If DCA Food makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that DCA Food close any online services account that you have created. To close your account, please email us at [email protected] Customers are independent businesses. They own and operate all of the restaurants whose online services are powered by DCA Food. Whilst DCA Food provides the online services, it is not responsible for the operation of any restaurants.. Each restaurant is independently responsible for its legal and regulatory compliance, for any issues relating to the supply of the products to you.

‍How to contact us. If you have any questions or comments regarding the online services, please email us at [email protected].

‍2. Our information practices and communications with you.
‍DCA Food Privacy Statement. The following Privacy Policy describes our information practices, including how we collect, use and share information.How we communicate with you. Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from DCA Food. When you opt in to any of these types of communications, you understand and consent that you will receive marketing, transactional and other messages from DCA Food. DCA Food may use the information you have provided to us to communicate with you in accordance with the following Privacy Policy Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Whilst we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account.  

‍3. Web Order Terms.
‍Depending on the preference of Customers, we may accept cashless transactions (credit/debit card/Apple Pay) through online services. and/or cash payment to be made at the point of delivery of food. Customers are responsible to decide if any order is eligible for a refund and to inform us to process such requests.Access to online services or DCA Food support may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control. We disclaim all liability for such malfunction, suspension or interruption, including inaccessibility due to network problems.The Web Order Terms, and any disputes arising from the Web Order Terms, shall be governed by laws of Emirate of Dubai. You agree to submit to the exclusive jurisdiction of the courts of UAE regarding any such dispute.We may vary the Web Order Terms from time to time and any use or continued use of the online services shall be deemed acceptance of these Web Order Terms. These Web Order Terms, together with the Website Terms, the Privacy Policy and any other policies which you may consent to, constitute the entire agreement between you and ourselves with respect to your use of the online services.DCA Food shall not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. DCA Food shall not be liable for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in these online services, even if there is negligence of DCA Food or an authorized DCA Food representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. DCA Food total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access these online services.
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‍General
‍You are responsible for updating any change of name, email or any other details as soon as practicable after the change. DCA Food is not responsible for any failure by the customer to update any details in accordance with this clause.You may, at any time, cancel your account by contacting us at [email protected]. Upon confirmation of cancellation, all accumulated offers, coupons and loyalty vouchers in your account will immediately expire. Accordingly, DCA Food recommends that customer’s members carefully plan all cancellations to avoid unintentional loss. 
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‍You purchase products directly from restaurants (defined as “Customers” throughout this document).
When you order, order ahead or redeem offers, you deal directly with a participating restaurant and the contract for supplying the products will be between you and the restaurant that accepts your order (and not with DCA Food nor any other Members of the DCA Food System). The restaurant where you collect your products is responsible for preparing the products and providing them to you. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE PURCHASING DIRECTLY FROM RESTAURANTS (AND NOT DCA FOOD OR ANY OTHER MEMBERS OF THE DCA FOOD SYSTEM) AND THAT NEITHER DCA FOOD NOR ANY OTHER MEMBERS OF THE DCA FOOD SYSTEM HAVE ANY RESPONSIBILITY ARISING OUT OF OR RELATED TO ANY PRODUCTS THAT YOU PURCHASE FROM RESTAURANTS USING ORDERING. (DCA Food, its subsidiaries, affiliates, agents, representatives, and agencies and their officers, directors, and employees are together, “Members of the DCA Food System”.)

‍About the products in the online services.
All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country and the season of the year.
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‍About the prices in ordering.
Each restaurant independently determines its own prices and independently applies the local sales tax rate or any fees required by law. Prices include VAT at the current UAE rate. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of the product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.

‍Registering your payment method.
Before you submit an order and select Credit Card as the payment type, you must register a credit card or debit card (either one, a “payment card”) to use with your orders.DCA Food and the restaurants use third party providers to securely store your payment card information and process your payments to restaurants. You understand and agree that, when you register a payment card, DCA Food or its third party providers may verify that the payment card you registered is valid. You also understand and agree that when you use the Order Ahead Service to make a purchase from a restaurant, that restaurant will be the owner of the record. Restaurants may require information other than your order code to verify your purchase. You represent and warrant that you are of sufficient age and have all legal rights to use all payment cards you register.Paying for your order.When you submit “Pay Now” you authorize the restaurant to process your order. The restaurant’s payment service provider will process your payment and charge the payment card you selected when you built your order. You may receive a notification within the ordering feature that the restaurant has accepted your order and is preparing it. You own the products after you have collected them.

‍Refunds
‍You have the ability to update or abandon your order at any time until you confirm and pay for your order. However, once you confirm and pay for your order you cannot cancel it. If you desire to seek a refund, including if the products are unsatisfactory or for any other reason, please contact the restaurant where you purchased the product regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.All refunds related to orders confirmed are subject to the refund policies of the Customers from which you order as displayed on their website or communicated by the Customer. We will not process any refund until we receive the approval from the applicable Customer; once the Customer informs us of a refund request, we will process it within 24 hours. Depending on your bank and other banks involved, it may take up to 14 days for you to receive the funds. We will use reasonable efforts to request and obtain refunds when appropriate. If your refund is not reflected to your bank account, please contact your bank if you have any questions about charges reflected on your payment card statement or to dispute a restaurant transaction for a charge on your payment card. Your bank can advise you on your bank policy and can tell you their policy on when they release pending charges.You are responsible for all applicable taxes (if any) that arise from your purchase of the products.

Preparing your Order
All products are subject to availability at the restaurant where you collect your order. When you select your restaurant, you will see the breakfast or main menu serving time for that restaurant. When you select your pick up option for counter or drive thru, you will see the serving time for each option (For example 6am – midnight). If you arrive after the restaurant has closed, then you will not be able to collect your order and the payment will not be refunded. Please ensure you can arrive in time before you confirm and make payment.When placing your order for pick up at the counter you will see a message informing you of the approximate number of minutes to prepare your order. Once you confirm and pay your order will be prepared.Please ensure that you can arrive in good time.When placing your order for pick up at the Drive-Thru, you confirm and pay but your order will not be prepared until after you arrive at the Drive-Thru and provided your order code. If you select pick up at drive thru and you arrive after the menu change over or if any of your selected products are no longer available, then you will need to speak to a crew member. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colours or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.
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About the prices of the Order Ahead Service
Each restaurant independently determines its own prices and independently applies any additional taxes and fees as required by law. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.

Location Services
You may need to enable location services on your device to benefit from the automatic selection of your nearest restaurant and a location check if you are far away when you submit and pay for your order. If you do not have location services enabled, or if you do not wish to order from your nearest restaurant you will have to select the restaurant manually.
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‍Suspicious Activity
‍If you believe incorrect or unauthorized charges appear on your account, you should immediately contact your bank. You should also immediately update your password. Security experts recommend that individuals use good password complexity and different user name and password combinations for each account. DCA Food is entitled to take any action it considers appropriate, including removing or suspending your account if we detect any suspicious activity concerning your account including but not limited to:
Engaging in illegal or fraudulent activities, Supplying or attempting to supply false or misleading information, or making a misrepresentation to DCA Food or the participating restaurant, or selling, assigning, transferring or acquiring, or offering to sell, assign, transfer or acquire any reward, benefit or points other than in accordance with these terms and conditions; or Excessive earning (via fraud or other means).

‍4. Ownership and Licenses for the online services.‍

‍DCA Food intellectual property ownership.
Any and all rights in the online services are and shall remain the exclusive property of DCA Food or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with DCA Food or its licensors’ rights.

‍Your license to use the online services.
‍Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. DCA Food reserves all other rights.

‍Trademark information.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of DCA Food or licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.

‍5. Acceptable uses and restrictions for the online services.

‍Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:
Use the online services for any purpose that is unlawful or prohibited by these terms;
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1. Delete or change any copyright, trademark, or other proprietary notices;
2. Attempt to obtain ownership or title to the online services, including the content;
3. Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
4. Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
5. Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
6. Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations of the laws of Emirate of Dubai, the Arab League or the United Nations
7. Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
8. Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, DCA Food or any user accounts associated with the online services.

‍6. Limitations on liability and disclaimers.
‍Limitations on DCA Food liability. Neither DCA Food nor any other members of the DCA Food system shall be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury, or property damage related to or arising out of the online services. Nothing in this section is intended to limit DCA Food liability for damages to the extent caused by DCA Food own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section is intended to limit or alter your rights as a consumer that cannot be limited or altered under applicable law. DCA Food reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.DCA Food provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. DCA Food provides the online services "As is" and without warranties of any kind either expressed or implied. DCA Food disclaims all warranties of merchantability and fitness for a particular purpose. DCA Food does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of computer/internet viruses or other harmful components. You assume total responsibility related to your use of the online services. Your sole remedy against DCA Food and all other members of the DCA Food system for dissatisfaction with the online services is to stop using them. This limitation of relief is a part of the bargain between the parties. Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. DCA Food does not endorse and is not associated with any of these third party services. DCA Food has and all other members of the DCA Food system have no responsibility for any loss or damages arising from or related to these third party services.Events beyond our control. DCA Food has (and other members of the DCA Food system have) no responsibility for DCA Food failure to perform any of its obligations under these terms caused by or related to any event beyond DCA Food reasonable control. If such an event occurs, then DCA Food obligations under these terms will be suspended for the duration of the event; and DCA Food may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

‍7. Apple Applications
‍In relation to the Apple Application. If you have any maintenance or support questions in relation to the Apple Apps, please contact DCA Food, not Apple, using [email protected];
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1. Except as otherwise expressly set out in these terms, any claims relating to the possession or use of the Apple Application are between you and DCA Food (and not between you, or anyone else, and Apple); and
2. In the event of any claim by a third party that your possession or use (in accordance with these terms) of the Apple Application infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim;
3. If the Apple Application that you have purchased does not conform to any warranty applying to it, you may notify Apple, which may refund the purchase price of the Apple Application to you subject to then-current Apple terms and conditions. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Apple Application and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Apple Application or as a result of you or anyone else using the Apple Application or relying on any of its content.

‍8. Miscellaneous.
‍DCA Food makes no representation that the online services are appropriate or available outside of the UAE. If you use the online services from other locations you are responsible for compliance with applicable local laws. These terms will be governed and interpreted pursuant to the laws of Emirate of Dubai, not withstanding any principles of conflicts of law; You irrevocably consent to the exclusive jurisdiction of the federal and state courts in the Emirate of Dubai for purposes of any legal action arising out of or related to these terms or the online services.The terms are written in English. Any translation of the terms into another language is provided solely for your convenience, and to the extent there is any conflict between the two, the English version controls.On termination of these terms or of your permission to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use. Upon termination, all of rights of DCA Food and other Members of the DCA Food System, including all intellectual property rights, proprietary rights, and licenses in these terms shall survive, as well as all restrictions on use, all limitations on liability and disclaimers. Each of the terms and conditions in these terms are severable and operate separately. If any of them are unlawful, void or unenforceable, then the remaining terms and conditions will remain in full force and effect.If DCA Food fails to insist that you perform any of your obligations under these terms, or if DCA Food does not enforce its rights against you, or delays in doing so, that will not mean that DCA Food has waived its rights against you and will not mean that you do not have to comply with those obligations.
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DCA Food may transfer its rights and obligations under these terms to another organization or entity, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms to another person if DCA Food agrees in writing.