Eat Mubarak | Terms and conditions

Eat Mubarak Platform Terms of Use

Last Updated on March 15, 2018. These terms and conditions are effective immediately.

These terms and conditions (the "Terms") govern your access to and use of Eat Mubarak’s Platform (website and mobile applications) that link to or reference these Terms ("Platform"). By accessing or using the Platform, you are agreeing to these Terms and concluding a legally binding contract with a private limited company incorporated in Pakistan, Tech Works (Private) Limited which owns the trademark ‘Eat Mubarak’, ("Eat Mubarak"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.

  1. Agreement to Terms

    1. Colorful language and imagery is fine, but there's no need for threats, harassment, lewdness, hate speech, and other displays of bigotry.

  2. Accounts

    1. You must create an account and provide accurate information about yourself in order to use some of the features. You are responsible for maintaining confidentiality of your account password and for all the activities that occur in connection with your account.

    2. You agree to notify Eat Mubarak immediately in case of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

    3. Your account is for your personal, non-commercial use only. To bolster your credibility as a contributor to the Site, please provide complete and accurate information about yourself. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. Please read our Privacy Policy for more information.

  3. Online Food Order Placement

    1. It is the sole responsibility of participating restaurant/food establishment ("Restaurant") to honor your order and deliver it to you. Eat Mubarak only connects you and the Restaurant. Eat Mubarak shall not be liable for any acts or omissions on part of the Restaurant including but not limited to deficiency in service, wrong delivery of order, quality of food, time taken to deliver order, actions of the employees or affiliates of the Restaurant, or any harm or damage resulting from the quality of the food.

    2. For the users in Pakistan, it is hereby clarified by Eat Mubarak that the liability of any violation of any food safety standards or any other applicable laws of Pakistan (Provincial or Federal) and applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant, importers or manufacturers of the food products or any pre packed goods accordingly. For the purpose of clarity ‘pre-packed good’ shall mean a food and beverage item which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the Customer.

    3. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Eat Mubarak shall not be liable in the event food ordered by you does not meet your dietary or any other requirements and restrictions.

    4. While placing an order you shall be required to provide certain details. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an ordering. By providing these details, you express your acceptance to Eat Mubarak’s terms and privacy policies.

    5. You will not use food purchased from the Platform for resale.

    6. All prices listed on the Platform are correct at the time of publication, and have been placed as received from the Restaurant. While we take great care to keep them up to date, the final price charged to you by the Restaurant may change at the time of delivery. In the event of a conflict between price on the Platform and price charged by the Restaurant, the price charged by the Restaurant shall be deemed to be the correct price.

    7. The total price for food ordered, including delivery charges and other charges, will be displayed on the Platform when you place your order. Users shall make full payment towards such food ordered via the Platform.

    8. Delivery periods quoted at the time of ordering are approximate only, and may vary.

    9. Personal Promo code can only be according to the terms specified for that specific code.

    10. Cancellations: Once an Order is placed by you and accepted by the Restaurant, it is not eligible for cancellation.

    11. All refunds shall be processed in the same manner as they are received. Refund amount will reflect in your account based on respective banks policies.

  4. Content Posted by Other Users

    Under no circumstances shall Eat Mubarak be held liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with any content posted by a third party on the Platform. If you become aware of misuse of the Platform by any person, please contact Eat Mubarak by mail at: support@eatmubarak.pk.

    Restrictions: Prohibited activities include but are not limited to:

    1. Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or compensating someone or being compensated to write or remove a review.

    2. Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.

    3. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination.

    4. Promote a business or other commercial venture or event, or otherwise use the Site for commercial purposes, except in connection with a Business Account and as expressly permitted by Eat Mubarak.

    5. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site's search results or any third party Platform.

    6. Solicit personal information from minors, or submit or transmit pornography.

    7. Using the Platform for any purpose in violation of provincial or federal laws or regulations of Pakistan.

    8. Posting Content that constitutes cyber-bullying, as determined by Eat Mubarak in its sole discretion.

    9. Posting Content that depicts any dangerous, life-threatening, or otherwise risky behavior.

    10. Harvesting or otherwise collecting information about others, including e-mail addresses, without their consent.

    11. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Platforms, or which, in the sole discretion of Eat Mubarak, exposes Eat Mubarak or any of its customers, suppliers, or any other parties to any liability or detriment of any type.

  5. Eat Mubarak Trademarks and Copyrights

    1. All trademarks, logos, and service marks displayed on the Platform are registered and unregistered Trademarks of Eat Mubarak and/or third parties who have authorized their use (collectively the “Trademarks”).

    2. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The unauthorized use of Eat Mubarak's trademarks on any other Platform is strictly prohibited. All of the materials contained on the Platfor are copyrighted except where explicitly noted otherwise. Eat Mubarak will strictly enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Eat Mubarak neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with Eat Mubarak. Use of any materials on the Platform is at your own risk.

  6. Hyperlinks

    1. The Platform may contain hyperlinks to third-party Platforms. You acknowledge and agree that Eat Mubarak is not responsible or liable for any Content or other materials on these third-party Platforms.

  7. Governing Law and Severability

    1. These Terms of Use are governed by and construed in accordance with the laws of Pakistan. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Use and or your use of the Platform resides in the courts of Pakistan, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action.

    2. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

  8. Warranties

    The Platform and the Content are provided on an “as is” basis. To the fullest extent permitted by law, Eat Mubarak, its parent, subsidiaries, and affiliates (the “Eat Mubarak Entities”), and each of their agents, representatives and service providers, disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The Eat Mubarak Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that:

    1. The Platform will be reliable, accurate, complete, or updated on a timely basis.

    2. The Platform will be free of human and machine errors, omissions, delays, interruptions or losses, including loss of data.

    3. Any files available for downloading from the Platform will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties.

    4. Any Content you post on the Platform will remain on the Platform.

    5. The functions or services performed on the Platform will be uninterrupted or error-free or that defects in the Platform will be corrected.

  9. Limitation of Liability

    To the fullest extent permitted by applicable law, in no event shall the Eat Mubarak Entities be liable to you for any damages resulting from any:

    1. Errors, mistakes, or inaccuracies of content.

    2. Personal injury or property damage, of any nature whatsover, resulting from your access to and use of the services including mobile apps.

    3. Any unauthorized access to or use of our servers and/or any and all personal information stored therein.

    4. Any interruption of cessation of transmission to or from our servers.

  10. Termination to your access to the Platform/Services

    We may terminate your use of the Platform/Services and deny you access to the Platform/Services in our sole discretion for any reason or no reason, including your:

    1. Violation of these Terms.

    2. Lack of use of the Platform/Services. You agree that any termination of your access to the Platform/Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Platform/Services. If you use the Platform/Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Platform/Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Platform/Services.

  11. Contact Us Questions, comments? Please send an email to support@eatmubarak.pk