Terms and Conditions

Welcome to the Terms and Conditions of Brymee FZ-LLC (collectively referred to as "Brymee", "brymee.com", "we", "our" or "us" in these Terms and Conditions). At Brymee, we strive to provide a satisfactory user experience and ensure transparency in our terms and conditions. These Terms and Conditions outlines the terms, rules and guidelines for using software as a service applications. These applications are designed to empower restaurants, kitchens, cafes, bakeries, and other similar establishments, hereafter referred to as "Partner Restaurants," in selling their menu items. The services include mobile applications, web applications and web-based admin platforms collectively referred to as the "Platform.”

These Terms and Conditions addresses our obligations in respect of applicable laws in the United Arab Emirates ("UAE").

By using and/or ordering services, and/or downloading the Platform, you agree to these Terms and Conditions, and you acknowledge that you have read and agree to be bound by it.

If you disagree with any part of these Terms and Conditions, then please do not use the Platform.

1. Acceptance of Terms

   The platform is tailored for the Food & Beverage industry, specifically designed to facilitate the efficient delivery of food and beverages between Partner Restaurants and their customers. These Terms and Conditions govern your use of the Platform and any related services provided by us.

   You acknowledge that these Terms and Conditions may be updated or modified from time to time, and it is your responsibility to review and familiarize yourself with any changes. Continued use of the Platform after such modifications signifies your acceptance of the updated Terms and Conditions.

   By using the Platform, you represent and warrant that you meet all eligibility requirements and that any information you provide is accurate, complete, and current. You also agree to comply with all applicable laws and regulations while using the Platform.

   By accessing or using the Platform, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, please refrain from using the Platform or immediately discontinue its use.

   Please note that separate agreements or policies may apply to specific features or services within the Platform. By using such features or services, you agree to be bound by any additional terms and conditions or policies associated with them.

2. User Eligibility

   By using the Platform, you represent and warrant that you meet the following eligibility criteria:

   • Age Requirement: The Platform is intended for individuals who are 18 years of age or older and have the legal capacity to enter into binding contracts under applicable law. If you are under the age of 18 but at least 13 years old, you may use the Platform only under the supervision and in conjunction with a parent or legal guardian. The parent or legal guardian assumes full responsibility for any and all activities related to the use of the Platform by the aforementioned individuals.

     By using the Platform, you agree and confirm that you will not permit any individual under the age of 13 to access or use the Platform.

   • Registration: To place orders and access the full functionality of the Platform, you are required to register an account. By registering, you agree to provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
   • Payment Method: The Platform accepts online payment methods. To pay for orders, you must have a valid credit or debit card that is accepted by the Platform's payment processor. By using the Platform, you authorize the processing of payments using your selected payment method.

     To review the additional payment terms and find out about how we handle refunds, please refer to our the Payment and Refund Policy. To the fullest extent permitted by law, any refunds at any time are at our sole discretion only.

   • Internet Connection: As orders provided through the Platform are conducted online, you are responsible for ensuring a stable and reliable Internet connection. A good Internet connection is essential for placing orders without interruptions or technical difficulties.

   If you do not meet any of the above eligibility criteria, or if you do not agree to these Terms and Conditions, you must refrain from using the Platform. By using the Platform, you acknowledge and confirm that you meet the specified eligibility requirements and are fully capable of complying with these Terms and Conditions.

   We reserve the right to suspend or terminate your access to the Platform if we determine that you do not meet the eligibility criteria or if you violate any provisions of these Terms and Conditions.

3. User Accounts

   To fully access and utilize the features of the Platform, you must create a registered user account. While you may use the Platform without being a registered user, please note that certain main features of the Platform, such as ordering, placing orders, and making payments, are reserved for registered users only.

   To become a registered user, you are required to create an account within the Platform. The registration process involves providing your mobile number, verifying it with an OTP code, providing your name and email address. The security and handling of your personal data during this process are subject to our Privacy Policy .

   By creating an account, you acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your account credentials. You are responsible for any activity that occurs under your account credentials. Brymee shall not be held liable for any loss, damage, or expenses incurred as a result of your failure to protect your account credentials. You agree not to rent, resell, or provide access to the Platform to any third party.

   If you suspect or become aware of any unauthorized use of your account credentials, it is your responsibility to promptly notify us so that appropriate action can be taken. You can contact us by using the details provided in the "Contact Us" section.

   Please be aware that the Platform reserves the right to suspend or terminate your account if any violation of these Terms and Conditions is detected or if we believe it is necessary to protect the security and integrity of the Platform and its users.

4. Platform Usage

   By using the Platform, you agree to comply with the following terms and conditions regarding its usage:

   • Permissible Use: The Platform is primarily intended for personal and non-commercial use by Partner Restaurants’ customers. Customers may access and use the Platform solely for the purpose of placing food and beverage orders, accessing menus, and utilizing delivery services offered by Partner Restaurants. However, it also allows Partner Restaurants to register and use the Platform for the purpose of offering their food and beverage services and facilitating orders. Any unauthorized use of the Platform or its content is strictly prohibited.

   • Account Responsibility: You are responsible for maintaining the confidentiality and security of your account credentials, including your phone number, email address and one-time password (OTP). You agree not to share your account credentials with any third party or allow unauthorized access to your account. Any activity that occurs under your account is your responsibility.

   • Lawful Use: You agree to use the Platform in compliance with all applicable laws, regulations, and guidelines. You shall not use the Platform for any unlawful, fraudulent, or malicious activities, including but not limited to unauthorized access, data breaches, or transmission of harmful content. You agree to engage with Partner Restaurants in good faith and honor the commitments you make to them via the Platform.

   • Prohibited Activities: You are prohibited from engaging in the following activities while using the Platform:
     • Modifying, adapting, translating, or reverse-engineering the Platform or any part thereof.
     • Uploading, posting, or transmitting any content that is unlawful, harmful, defamatory, abusive, or infringing upon the rights of others.
     • Circumventing or manipulating the fee structure, billing process, or any fees owed to Partner Restaurants or Brymee.
     • Interfering with the proper functioning of the Platform or any network connected to it.
     • Impersonating any person or entity or falsely representing your affiliation with any person or entity.
     • Collecting or storing personal information of other users without their consent.
     • Engaging in any activity that may disrupt or compromise the security or integrity of the Platform or its users' data.

   • Links to third-party websites: The Platform may include links to websites that are not operated or controlled by Brymee. Please note that Brymee is not responsible for the content of any linked website. Any website accessed through these links is independent of Brymee, and Brymee has no control over the content or use of such websites. The inclusion of a link to a third-party website does not imply endorsement or acceptance of responsibility by Brymee for the content or use of that website. When accessing and using any third-party website, we recommend that users carefully review and abide by the terms of service and privacy policy of that website. It is important for users to exercise caution and use their own judgment when interacting with third-party websites.

   • Suspension or Termination: Brymee reserves the right to suspend or terminate your access to the Platform at any time, without prior notice, if you violate these Terms and Conditions or engage in any activities that may harm the Platform, its users, or Brymee's reputation.

   • Disclaimer of Liability: Brymee shall not be held liable to any user of the Platform or any other individual or entity for any direct, indirect, special, incidental, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, loss of data, loss of use, or costs incurred in obtaining substitute goods or services. Such damages may arise from the use of the Platform, inability to use it, unauthorized access or use, or misuse of the Platform or any information contained therein. This applies regardless of whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, and even if has been advised of the possibility of such damages or losses.

   • Modification of Terms: Brymee reserves the right to modify or update these Terms and Conditions at any time without prior notice. It is your responsibility to review these terms periodically to stay informed of any changes.

5. Intellectual Property

   All intellectual property rights in the Platform, including but not limited to the software code, design, and the structure of the app, are owned by or licensed to Brymee. The content provided by Partner Restaurants, such as texts, logos, images, and restaurant-specific branding, is owned by the respective Partner Restaurants. You acknowledge that you have no right, title, or interest in such intellectual property and shall not use it for any purpose other than the permitted use of the Platform for ordering and receiving food and beverage services from Partner Restaurants.

6. Privacy Policy

   Protection of your personal data is of utmost importance to us at Brymee. As you engage with the Platform, we may collect and use your personal information. It is essential to have a clear understanding of how we collect and utilize your data. To gain detailed insights into our data practices, please refer to our Privacy Policy. By continuing to use the Platform, you confirm your acknowledgment and acceptance of our Privacy Policy, which outlines our commitment to safeguarding your personal information.

7. User Conduct

   By using the Platform, you agree to abide by the following guidelines regarding your conduct:

   • Compliance with Applicable Laws and Terms: You shall comply with all applicable laws, regulations, and these Terms and Conditions while using the Platform.
   • Respect for Intellectual Property: You shall respect the intellectual property rights of others and refrain from using any content, materials, or information from the Platform in a manner that infringes upon the intellectual property rights of any third party.
   • Prohibited Activities: You shall not engage in any activities that are unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, or otherwise objectionable. This includes, but is not limited to, the following:
     • Posting or transmitting any unauthorized or unsolicited advertising, promotional materials, or spam.
     • Uploading, distributing, or sharing any content that contains viruses, malware, or other harmful components.
     • Interfering with the Platform's functionality or disrupting the experience of other users.
     • Engaging in any activity that violates the privacy or rights of other users or individuals.
   • Responsible Use: You shall use the Platform responsibly and refrain from any actions that may negatively impact the Platform's performance, security, or availability. This includes refraining from any attempts to gain unauthorized access to the Platform or its underlying systems.
   • Interaction with Other Users: When interacting with other users, you shall maintain a respectful and professional demeanor. Any communication or content exchanged between users shall adhere to the guidelines set forth in these Terms and Conditions.
   • Reporting Violations: If you become aware of any violations of these Terms and Conditions or encounter any inappropriate conduct by other users, you agree to promptly report such incidents to us for appropriate action to be taken.

   Failure to comply with these user conduct guidelines may result in the suspension or termination of your access to the Platform, at our sole discretion. We reserve the right to investigate and take necessary legal action in response to any violation of these Terms and Conditions or applicable laws.

8. Content Submission

   By submitting any content, including but not limited to text, images, videos, or other materials (collectively referred to as "Content"), to the Platform, you agree to the following terms:

   • Ownership and Rights: You retain ownership of any Content you submit to the Platform. However, by submitting Content, you grant Brymee a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform and display the Content in connection with the operation and promotion of the Platform.
   • Content Accuracy and Legality: You are solely responsible for the accuracy, legality, and reliability of the Content you submit. You represent and warrant that you have all necessary rights, permissions, and consents to submit the Content and that the Content does not infringe upon the rights of any third party, including intellectual property rights, privacy rights, or any other proprietary or personal rights.
   • Prohibited Content: You agree not to submit any Content that is unlawful, defamatory, infringing, obscene, offensive, harmful, or otherwise objectionable. Brymee reserves the right to remove or reject any Content that violates these terms or that we deem inappropriate, in our sole discretion.
   • User Responsibility: You understand and acknowledge that you are solely responsible for any consequences arising from the Content you submit. Brymee does not endorse, guarantee, or assume any responsibility for the accuracy, integrity, or quality of any Content submitted by users.
   • Content Monitoring: While Brymee does not actively monitor user-submitted Content, we reserve the right to review, modify, or remove any Content that violates these terms or is deemed inappropriate, in our sole discretion.
   • Content Usage Limitations: You agree not to use the Platform to upload or distribute any Content that contains viruses, malware, or any other harmful or disruptive elements that may interfere with the operation of the Platform or the devices of other users.

   By submitting Content to the Platform, you acknowledge and agree to abide by these terms regarding the submission and use of the Content.

9. Third-Party Services

   The Platform is integrated with certain third-party services, such as delivery companies, one-time password (OTP) senders and payment gateways. These integrations enhance the functionality of the Platform and provide additional features and services. These services can be provided either through direct integration or subject to a separate agreement between you and the service provider. We will not be liable to you for the use of such services, or for any failures on the part of these service providers.

   By using the Platform and the Platform’s services, you acknowledge and agree to the following:

   • Stripe Integration: The Platform is integrated with Stripe, a secure online payment platform. Stripe enables the processing of online payments for food and beverage orders placed through the Platform. Please note that Stripe has its own terms and conditions regarding payment processing, which you should review and accept.
   • Careem Express Integration: The Platform is integrated with Careem Express to provide a fast, reliable, and affordable package delivery service to individuals and businesses. Careem Express has its own terms and conditions that govern the use of their services, and you should familiarize yourself with them.
   • WhatsApp Integration: The Platform is integrated with WhatsApp to facilitate user registration using phone numbers and one-time password (OTP) verification. WhatsApp's terms and conditions apply to the use of their services, and you are responsible for understanding and complying with them.

   It is important to note that these third-party providers, including Stripe, Careem Express, and WhatsApp, have their own terms and conditions, privacy policies, and data protection practices. By using the Platform and the Platform’s services, you acknowledge and agree to use these integrated third-party services and to abide by their respective terms and conditions.

   Please take the time to review the terms and conditions of Stripe, Careem Express, and WhatsApp, as they govern your interactions with these third-party services. Any issues, disputes, or liabilities arising from the use of these integrated services are solely between you and the respective third-party provider. Brymee and the Platform are not responsible for any actions, omissions, or consequences related to the use of these third-party services.

   By continuing to use the Platform and the Platform’s services, you acknowledge and accept the integration of Stripe, Careem Express, and WhatsApp, and agree to comply with their terms and conditions.

10. Limitation of Liability

    Brymee functions as a Platform provider tailored for the Food & Beverage industry, specifically designed to facilitate efficient food and beverage delivery between Partner Restaurants and their customers. We act as an intermediary connecting customers with Partner Restaurants, enabling the provision of food and beverage services. Brymee operates solely as a technology services provider and does not directly offer food and beverage or delivery services.

    As a customer, it is your responsibility to carefully select a Partner Restaurant that aligns with your dining preferences. We recommend reviewing each Partner Restaurant's menu and information to make an informed decision. Please note that Brymee does not provide any warranty or guarantee for any food or beverage items ordered. The Platform does not endorse or recommend any specific Partner Restaurant and does not verify their culinary credentials, licenses, or hygiene standards.

    Each Partner Restaurant retains the sole discretion to accept or decline food and beverage orders and can choose to continue or discontinue providing services to any customer based on their own judgment and availability.

    When utilizing the Platform, you assume all risks associated with any dining experiences, whether online or offline. Brymee cannot guarantee the authenticity or quality of food and beverage items ordered through the Platform.

    Exercise caution and use common sense when engaging with the Platform. Safeguard your personal safety and food preferences as you would when dining with establishments you are not familiar with. Brymee, along with its affiliates and licensors, cannot be held responsible for the behavior or quality of Partner Restaurants, whether in an online or offline setting. By using the Platform, you agree that Brymee, its affiliates, and licensors will not be liable for any claims, injuries, or damages arising from or related to your use of the Platform. It is your responsibility to exercise prudence and ensure your own satisfaction throughout your interactions on the Platform.

    By using the Platform, you understand and agree that all interactions, correspondences, transactions, and other dealings with third parties, including Partner Restaurants found on or through the Platform, are solely between you and the third party. Brymee does not assume any liability for such interactions, including but not limited to issues related to food accuracy, payments, services, food delivery, warranties, privacy, data security, and similar matters. We cannot be held responsible for any loss or damage resulting from your reliance on the information provided within the Platform. It is your sole responsibility to assess the accuracy, completeness, and quality of any content, opinions, advice, or information obtained through the Platform.

    Please note that the Platform may contain links to third-party websites or advertisements. Any interactions or transactions that occur on linked websites are independent of Brymee, and we disclaim all liability in connection with such interactions. You agree that Brymee will not be held liable for any issues arising from your engagements with third parties, and you assume all risks associated with these interactions. It is important to exercise caution and use your judgment when engaging with third parties through the Platform.

    Brymee does not provide any warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. This means that Brymee makes no guarantees or assurances regarding the following:

    • Accuracy of Information: Brymee does not warrant that the information available in the Platform is free of errors.
    • Functionality and Services: Brymee does not guarantee uninterrupted, secure, or error-free functionality or services provided by the Platform, including mechanisms for content downloading and uploading.
    • Defects and Viruses: Brymee does not warrant that defects will be corrected or that the Platform or its servers are free of viruses or other harmful components.

    It is important to note that Brymee, its affiliates, and licensors are not responsible for the conduct, whether online or offline, between users of the Platform.

    Brymee explicitly disclaims any liability or claims that may arise between users of the Platform. You are solely responsible for your interactions with other users, and any disputes that arise from those interactions are your responsibility. While Brymee is not obligated to do so, we may attempt to assist in resolving disputes between users.

    If you access and use the Platform outside the United Arab Emirates, it is your responsibility to comply with all applicable local laws and regulations. We do not make any representation that the information in the Platform is appropriate or available for use outside the United Arab Emirates. If you choose to access the Platform from outside the United Arab Emirates, you do so at your own initiative and risk.

    The headings and captions used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

11. International

    These English-language Terms and Conditions are Brymee official statement of the Platform terms and conditions. In case of any inconsistency between these English-language Terms and Conditions and their translation into another language, this English-language document prevails.

12. Updates to the Terms and Conditions

    We keep our Terms and Conditions under regular review. This version was last updated on 11 October 2023.

    We may change our Terms and Conditions, so please check this page from time to time, as your continued use of the Platform, after we publish our changes, indicates your acceptance of any changed terms.

13. Contact us

    We value the rules and are dedicated to resolving any terms and conditions issues promptly. If you have any questions, concerns, or requests regarding these Terms and Conditions, please feel free to contact us.

    You can reach out to us by sending an email to support@brymee.com.

    We encourage you to provide sufficient information regarding your inquiry or request to help us better understand and respond to your concerns. We will make every effort to respond to your inquiry in a timely and appropriate manner.

    Please note that while we strive to ensure the security and confidentiality of any information you transmit to us through email or other means of communication, we cannot guarantee its absolute security. Therefore, we recommend refraining from sharing sensitive or confidential information through unencrypted channels.

    By contacting us, you acknowledge and accept that any communication or inquiry you make to us regarding privacy matters will be handled in accordance with this Privacy Policy.