TERMS & CONDITIONS

Please read carefully this "Terms and Conditions" document (also called "General Conditions") before using the website www.bgourmet.com and the BGourmet mobile application, commonly referred to as the Platform or the APP. These General Conditions apply to the www.bgourmet.com website and the BGourmet mobile application, as well as to all related or interconnected sites at www.bgourmet.com.

Your access in the Platform, the creation of a User account and the use of the functionalities are conditioned by the prior acceptance, express and unequivocal and by the unconditional compliance with the present document "Terms and conditions". The terms and conditions apply to all visitors to the Platform, to Users and to all who access and / or use the Platform, generically referred to as Users. By accessing and using the Platform, you accept all the conditions set out below in this document. If after completing it, you do not agree to comply with the terms and conditions in the form described, in whole or in part, please do not access and use the Platform.

BGourmet may periodically amend this document "Terms and Conditions". The changes will enter into force when the updated Terms and Conditions are published and accessible for consultation on the Platform. Your continued access to or use of the Platform after such publication constitutes your agreement to comply with the amended Terms and Conditions.

The website www.bgourmet.com (and other extensions of the BGourmet domain) and the mobile application BGourmet are owned by BFINEX DMCC which is a technology company whose main activity is the development and management of a technological platform through which, using -is a mobile or Web application, it is allowed through the local affiliated entities BGourmet, certain restaurants / entities HORECA located in the respective territories, to offer their products and services through its potential customers, Users of the Platform.

The website www.bgourmet.com and the mobile application are operated in various countries, with full rights, by affiliated companies BGourmet. They ensure the representation of the BGourmet Platform in the territory, manage the enrollment process for potential local partners (restaurants or HORECA entities), provide their technical and commercial assistance, ensure the local settlement of the payments processed through the BGourmet platform. In the contents of this document, unless otherwise specified, the term BGourmet will designate the entities mentioned above, individually or collectively.

Thus, BGourmet operates an "on request" brokerage platform on which the local partners with whom BGourmet has concluded a contract for the use of the Platform, present and offer a series of products and services which Users can further request, through a presumed mandate granted by BGourmet, reserve and / or purchase, BGourmet acting as intermediary.

The Platform aims to facilitate for the Users the reservation and the purchase, including the payment, under optimal conditions, of the products and services offered by the local partners, BGourmet thus voluntarily fulfilling the mandate granted by the User through and at the time of checking in the Platform the option "reserve" / " command".

BGourmet, as an intermediary, cannot and will not assume any responsibility for the quality of the products or the correct provision of the services offered directly by the local partners enrolled in the Platform, mentioned above.

USER ACCESS AND REGISTRATION. USER PROFILE

In order to become a User of the Platform and to create a valid User account, the following conditions must be met in advance:

  • You must be at least 18 years old;
  • All mandatory fields on the registration form in which personal data such as username, e-mail address, telephone number and credit card number, etc. must be filled in correctly;
  • You must accept this Terms and Conditions document;
  • You must accept the Policy regarding the personal data processing protection;
  • You must accept the Cookie Policy.

The information provided must be true, accurate, complete and constantly updated. If the User provides false, inaccurate or incomplete information or if BGourmet considers that there are sufficient reasons to doubt their veracity, accuracy and completeness, they may consider the situation a violation of these General Conditions as a result of blocking the User's account or refusing access present or future of the User to the functionalities of the Platform, in whole or in part.

When registering on the Platform the User will select:

  1. a username and password, which are strictly confidential, personal and non-transferable information. The User is fully responsible for protecting the password of access to the User account and for any activity or action carried out using this password / account. The User agrees not to disclose the password to any third party, being obliged to notify BGourmet urgently of any breach of the security of the User account or unauthorized use of this account. BGourmet cannot guarantee the identity of the Registered Users and, therefore, cannot be held responsible for any use of the User's identity by a third party.
  2. The option to login using its Facebook credentials and basic personal data shared from the Facebook profile.
  3. The option to login using its Google credentials and basic personal data shared from the Facebook profile.

After completing the registration form or selecting the Login with Facebook or Login with Google options and learning the conditions of use of the Platform, as mentioned above, the User account is created and activated. Once the registration is complete, Users can access their profile by completing or editing it as they see fit.

By creating a User account, you agree that the Platform may send you informational SMS messages, emails or push-notifications, in the course of normal operations associated with your use of it.

You can always opt out of receiving messages from BGourmet by switching off the communications settings available under the Account settings menu in the mobile app. Please be aware that opting out of email/SMS may affect your use of the Platform.

Provided that you comply with this "Terms and Conditions" document, BGourmet will grant for a limited period the right to access and use the Platform on your personal device, corresponding to the promoted services and the functionalities of the Platform and the right to access and use any associated content, information and materials available on and through the Platform solely for personal, non-commercial use. All rights not expressly granted herein are reserved by BGourmet and BGourmet affiliates and licensors.

The services and functionalities offered through the Platform and all associated rights are and will remain the exclusive property of BGourmet. Access to and use of the Platform will not confer any rights other than those expressly mentioned in this document "Terms and Conditions" or the right to use or refer in any way to the names of companies, logos, product and service names, trademarks, service marks or other proprietary trademarks belonging to BGourmet or BGourmet affiliates / licensors.


OBLIGATIONS OF THE USER

The users are fully responsible for the access to and the correct use of their profile and other contents of the Platform, in accordance with the law in force, national and international applicable to the territory in which the Platform is used, as well as with the principles of good faith, ethics, usages and public order.

Users must refrain from using the Platform's profile and other content for illicit purposes or for purposes that infringe the rights and interests of third parties or that may cause harm, damage or otherwise have a negative effect on the Platform, its content, functionality and services. accessed through it. Similarly, it is forbidden to prevent access to and / or use of the Platform by other Users or third parties.

Users who fail to comply with these obligations are liable for any resulting claim for damages. BGourmet will in no case be held liable for any consequence, damage or damage caused by the access or illegal use by the Users or third parties of the Platform.

Users are expressly forbidden: (i) to remove copyright, trademark or other proprietary rights of BGourmet and of local partners; (ii) modify, in whole or in part, the Platform and its functionalities, bypassing, deactivating or manipulating any function or service thereof; (iii) to violate the contractual obligations and the legal regulations regarding the processing of personal data; (iv) use the Platform to slander, defame, intimidate or harass other Users or harm the image of third parties and access the email accounts of other Users; (v) upload computer viruses, corrupt files or any other software that may cause damage or modification to the content and systems of BGourmet or third parties; (vi) attempt to gain unauthorized access or affect any aspect of the Services or the systems or networks related thereto.

A User may report another User if he / she considers that these General Conditions are violated. All Users may also notify BGourmet of any abuse or breach of these terms. BGourmet will verify this report as soon as possible and will take the measures it deems appropriate, including the withdrawal and / or suspension of any User of the Platform in violation of these General Conditions of Use and / or the deletion and / or suspension of any message with illegal content or offensive, without needing to give advance warning or any subsequent notification.


INFORMATION SHARED BY USERS

BGourmet may allow Users to upload and publish on the Content Platform and information in text, audio and / or visual format, including comments, opinions and evaluations, sending requests for assistance and registering for competitions and promotions. All Content provided by the User shall remain its property and BGourmet shall be deemed to have granted a non-exclusive, perpetual, irrevocable, unlimited territorial and free license to use, reproduce, modify, adapt, publish, translate, distribute and display this content.

The user declares and guarantees that (i) he is the sole and exclusive owner of all the content provided and / or owns all the rights, licenses, agreements and authorizations necessary to distribute the content in these conditions; and (ii) the content generated and distributed by the User in compliance with these conditions does not infringe the rights of third parties and does not prejudice any applicable law or regulation.

BGourmet declines its editorial responsibility and expressly declares that it does not identify with any of the opinions that Users may post on the Platform, the consequences of which are the exclusive responsibility of the User who makes the respective posting. BGourmet reserves the right to monitor the content of the User's posts and to delete this content, at any time, without motivation and notification.

 

ORDERING WITH BGOURMET

The user can place orders, by adding the desired goods and / or services in the shopping cart, following the completion of the order by making payment through one of the modalities indicated expressly. Once added to the shopping cart, a good and / or a service is available for purchase as long as there is stock available for it, the User being informed about this aspect by one of the modalities indicated in the Platform. Adding a good / service to the shopping cart, without the completion of the order, does not entail the registration of an order, implicitly neither the automatic reservation of the good / service.

 

By completing the order the User agrees that all the data provided by him, necessary for the purchase process, are correct, complete and true at the time of placing the order and he agrees that the local selling partner (the restaurant / HORECA partner) can contact him, by any means available, in any situation in which it is necessary to contact the User.

 

The local partner or the seller may cancel the order made by the Buyer (User), following a prior notification addressed to him, without any subsequent obligation of either party to the other or without any party being able to claim the other damages if we encounter any of the following: the credit card used for the payment is refused by the bank; the transaction is invalidated; there is a denial from the payment processor for operating the payment; the data provided by the User on the Platform are incomplete and / or incorrect.


PAYMENT AND INVOICE

Registration and use of the User Platform is completely free.

Prices of goods and services displayed on the Platform include VAT according to law.

 

The price, the method of payment and the payment term are specified in each order. The local sales partner will issue to the Buyer User, through the Platform, a note for the goods and services delivered, the obligation of the buyer being to provide all the information necessary to issue the invoice according to the legislation in force. The invoice will be provided by the Seller in paper or electronic format immediately after the transaction takes place and concludes successfully.

 

The data of the credit card used by User / buyer will not be accessible to BGourmet nor will it be stored by it or by the payment processor integrated in the Platform, but only by the institution of authorization of the transaction or another entity authorized to provide services for storing card identification data, about which identity the User / Buyer will be informed, prior to entering the data.

After the services and / or goods obtained through the use of the Platform have been delivered / consumed, BGourmet will facilitate the operation of payment of the price related to the products and / or services consumed on behalf of the local selling partner, as a limited collection agent for the respective local sales partner. Payment of the costs by this method will be considered similar to a payment made directly by you to the local selling partner. Costs will include all applicable taxes, where required by law. The costs you pay are final and cannot be refunded unless BGourmet sets out something else.

The payment of the prices of the ordered goods and / or services is mandatory to be made by the User and becomes due                 when the order is confirmed (Accepted by the selling partner). The payment is to be made to the local selling partner, after delivery / consumption, in the way for which the User has chosen from the available payment methods (including cash or through debiting the card registered on the Platform).

The user can choose to request the cancellation of its order after its placement but only until the Order gets confirmed or Accepted by the Seller.


COPYRIGHT AND TRADEMARKS

Unless otherwise stated, all copyright and intellectual / industrial property rights on the Platform, as well as without limitation, on logos, commercial symbols, multimedia texts and content, static and dynamic images, graphic design, browser structure, presented and available on the Platform, whether or not registered, belong to BFINEX DMCC and cannot be used in any way without its prior written consent obtained through BGourmet, BFINEX DMCC having the exclusive right to exploit these rights in any way, in especially the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable European and international Community law on copyright and intellectual and industrial property.

The authorization granted to the User for access to the Platform does not imply the renunciation, transfer, licensing or total or partial transfer of the copyright, intellectual property and industrial rights.

It is forbidden to remove the logos signifying the copyright of BGourmet, including any content in any context other than that intended by BGourmet, modifying, altering, copying, deleting, reproducing, public communication, uploading files, transferring to third parties, distributing in any way. , in whole or in part, of the content included in the Platform for public or commercial purposes, without the express prior written authorization of the rights holder as mentioned in the previous paragraph.

Local partners who share any type of content through the Platform declare that they own all copyright and / or intellectual / industrial property on them and are unique and fully responsible for the content and validity of these rights, BGourmet being in no way responsible for the existence or the extent of these rights and / or the content or legality of the information provided. The provision of content by local partners through the Platform represents the assignment to BGourmet and BFINEX DMCC of the use of copyright, intellectual and industrial property derived from that content, free of charge and to the maximum extent permitted by law.

 

INFORMATION PROVIDED BY SELLING LOCAL PARTNERS. LINKS TO OTHER WEBSITES

The BGourmet Platform may contain links to sites or web services of local / third party partners that are not owned or controlled by BGourmet. BGourmet has no control and assumes no responsibility for the content, privacy policies, conditions of use or practices of the websites / services of the local / third party partners.In addition, the User acknowledges and agrees that BGourmet will not be liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use or reliance on such content, goods or services available at or through any such sites or web services.BGourmet does not guarantee the respective services and contents of the third parties, the prices of the goods and services, the quality, the authenticity, the legality and will not be responsible or liable in any case for any product or service of the respective local / third-party partners. 

We advise you, as a User, to read the terms and conditions and privacy policies of any websites or services you visit. In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and / or their subsidiaries and affiliates at international level, as the case may be, will be third party beneficiaries of this contract (this Terms and Conditions document) if you access BGourmet using applications developed for mobile devices equipped with Apple iOS, Android, Microsoft Windows or Blackberry. These third-party beneficiaries are not parties to the contract (this Terms and Conditions document) and are not responsible for the provision or availability of the services in any way. Your access to the BGourmet App and Platform through these devices is regulated by the conditions stipulated in the service contract of the respective third-party beneficiary.

 

PROMO CODES/VOUCHERS/DISCOUNTS

At its sole discretion, BGourmet may create promotional codes that can be converted into credit on your account, or other options or benefits associated with the Platform and / or the affiliations and services offered by the affiliate partners, with the application of any additional conditions that BGourmet will require for each promotional code separately.

With regard to the Promotional Codes/Vouchers/Discounts, you agree that: (i) they must be used legally, by the persons and for the purpose for which they are intended, strictly in accordance with the specifications of BGourmet; (ii) they cannot be duplicated, sold or transferred in any way, nor can they be made available to the general public, unless expressly permitted by BGourmet; (iii) can be deactivated at any time by BGourmet, without being able to be held responsible.

BGourmet reserves the right to withhold or deduct credits or other options or benefits obtained through the use of promotional codes by you or any other user if it determines or believes that the use or claim of the promotional code was made by mistake, by fraud, in illegally, or in violation of the applicable conditions associated with the promotional code or this Terms and Conditions document.

 

LIABILITY. LIMITATION OF LIABILITY. INDEMNIFICATION

By creating and using the account, the User assumes responsibility for maintaining the confidentiality of the account data (user and password), for managing the access of the account, and, to the extent permitted by the legislation in force, is fully and fully responsible for the activity carried out through his account.

The user undertakes to indemnify and exempt from liability BGourmet and its officials, directors, employees and agents in the event of any claims, claims, losses, damages and expenses (including attorneys' fees) arising out of (and in connection with): your use of the Platform or the services or goods obtained through your use of the Platform; (ii) your breach or breach of any obligation under this document; (iii) the use by BGourmet of the content provided by the User; or (iv) the infringement by the User of the rights of a third party, including the rights of local partners.

BGourmet assumes no responsibility and cannot be held bound by the validity, authenticity, correctness, timeliness, legality of the information available on the Platform as a result of their transmission by local partners or Users. BGourmet does not offer any guarantee regarding the quality and availability of the goods and services promoted and sold by the local partners present on the Platform, their compliance with parameters communicated by the local partner or the non-infringement of the rights of third parties, the Users assuming the risk arising from the use of the services put to provision through the Platform. BGourmet does not declare and does not guarantee that the Platform will operate without interruptions or errors, but only that it will take all steps to remedy the non-compliant situations.

 

GENERAL TERMS

 

Neither party shall be liable for failure to perform its contractual obligations, if such failure to timely and / or properly, fully or partially is due to a force majeure event. If, within 10 (ten) days from the date of its occurrence, the respective event does not cease, each party shall have the right to notify the other party of the full termination of the contract (this document "Terms and Conditions") without any of them may claim the other other damages.

 

This contract is subject to UAE law. Any disputes arising between them will be resolved amicably or, if this is not possible, the disputes will be resolved by the competent courts in Dubai. The assignment of this document Terms and Conditions (the "Contract") is forbidden, without the prior consent of BGourmet.

These Terms constitute the entire agreement and the entire agreement between the parties regarding their subject matter and annul and replace all previous or concurrent agreements and commitments regarding the subject matter.