These Terms & Conditions (the "Terms & Conditions") are entered into by Al Ghurair Centre LLC (“Al Ghurair Centre” and “we”) and the party executing these Terms and Conditions ("you") that set out the terms for accessing and using this website ("Website") as well as using the food hall currently known as “Flayva” (the “Facility”).
Your use of the Website must be in accordance with these Terms and Conditions and for lawful and proper purposes only, which include complying with all applicable laws, regulations, and codes of practice in the UAE and any other jurisdiction from which you are accessing the Website.
These Terms & Conditions shall govern the collection, use and disclosure of any information you provide us through the Website or personally at the Facility, and such information which can identify you is subject to our Privacy Policy. Please ensure you have read the Privacy Policy.
By accessing, browsing or using the Website, you confirm that you accept and agree to comply with, and to be bound by these Terms & Conditions. You confirm that you have the legal authority to accept the Terms & Conditions on behalf of yourself or any other party that you legally represent. If you do not agree to these Terms & Conditions, you should cease using the Website.
GENERAL
The content of the Website is made available for general information and use only. It is subject to change without notice.
Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. The information and materials contained on the Website, including text, graphics, links or other items are provided “as is” or “as available”. We cannot guarantee the accuracy, competence or completeness of all information and content found on the Website at all times. We will do our best to update this information as and when we are made aware of any changes or inaccuracies.
No warranties of any kind, implied, express or statutory, including but not limited to the warranties of title, merchantability, fitness for a particular purpose and freedom from computer virus or any other type of malicious code, are given in conjunction with the information and materials provided through the Website. You are responsible for conducting virus checks prior to downloading any material available on the Website before accessing or using the Website.
THIRD-PARTY LINKS
The Website may provide links to third-party websites or applications for your convenience. If you access those links, you will leave our Website. We do not control third-party websites or applications or their privacy practices, which may differ from ours. We do not endorse or make any representations about third-party websites or applications. Our Privacy Policy does not cover the personal data you choose to give to unrelated third parties. We encourage you to review the privacy policy of any company before submitting your personal information.
FACILITY
The Facility is located at Al Ghurair Centre shopping mall (the "Mall") and is governed by the rules and regulations of the Mall (as amended from time to time), including, but not limited to, trading hours, lost & found children procedure, lost & found property policy, COVID-19 regulations (if any).
ORDERING AND TRANSACTIONS
Any transactions conducted either at the Facility or through third-party websites/ applications for food orders are subject to the terms and conditions set forth by third parties. Al Ghurair Centre is not a party to any transaction and is not responsible for order fulfillment or any issues arising from those transactions.
INTELLECTUAL PROPERTY
Al Ghurair Centre, its subsidiaries, affiliates and participating corporations are the owners of its trademarks, logos, branding, service marks and all other intellectual property (collectively, “IPRs”) appearing on this Website/ the Facility and all rights in respect of such IPRs are reserved and remain solely owned by Al Ghurair Centre or its licensors.
LIABILITY
To the fullest extent permitted by law, Al Ghurair Centre and its subsidiaries, affiliated companies, employees and shareholders, shall not be liable for any damages arising out of or in connection with these Terms & Conditions, the use of the Website and the Facility, or any advertising of products, services, or information which may be displayed on the Website/ at the Facility, whether based on contract, tort, strict liability or otherwise, even if Al Ghurair Centre has been advised of the possibility of such damages.
You agree to indemnify, defend, release and hold harmless Al Ghurair Centre and its employees from and against any and all losses, suits, demands, liabilities, damages, costs and expenses arising from or relating to (i) your use of the Website and the Facility; (ii) ordering and transactions; and (iii) your breach of these Terms & Conditions.
AMENDMENTS
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Website (or any features or parts thereof) at any time without providing notice to you and to modify/ amend these Terms & Conditions from time to time. Any modifications to these Terms & Conditions will be effective once published on the Website. Your continued use of the Website following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you are not in agreement with any of our Terms and Conditions, then you must immediately discontinue using the Website.
MISCELLANEOUS
The provisions of these Terms & Conditions are severable and if any part of these Terms & Conditions is determined to be unenforceable then the parties agree that such part shall be deemed to be deleted or amended but only to the minimum extent necessary and the remaining provisions shall remain in full force and effect.
These Terms & Conditions represent the full agreement between the parties and no representation or statement of any kind not incorporated herein forms part of the contract. Neither party enters into these Terms & Conditions in reliance on any such statement.
These Terms & Conditions are governed by and subject to the laws of the United Arab Emirates, as applied in the Emirate of Dubai. The parties agree that any dispute in relation to these Terms & Conditions shall be determined exclusively by the Courts