TERMS & CONDITIONS

 

Please read these Terms of Use carefully (including our Security & Privacy Policy  before using our website www.maxzi.ae (“Site”) and/or our Services (defined below), so that you are aware of your legal rights and obligations with respect to Indoguna Dubai LLC (“Maxzi The Good Food Shop”, “we”, “our” or “us”).

By accessing this Site and/or using the Services, you hereby agree:

(i)   that you have read and agree to be legally bound by these Terms of Use (including our Security & Privacy Policy (http://about.maxz.com/privacy); and

If you do not accept these Terms of Use, please leave the Site, App and/or discontinue use of the Services immediately.

Maxzi The Good Food Shop may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the Site.  Any use of the Site or Services after the amendment of these Terms of Use is deemed acceptance of the amended Terms of Use by you.  If you do not agree to the amended Terms of Use, you have the right to stop using the Site and Services.

1          Site and Services

1.1       The Site is owned and maintained by Maxzi The Good Food Shop. 

1.2       Maxzi The Good Food Shop operates an online grocery store through the Site, which offers one or more of the following features and services (each a “Service” and collectively the “Services”), mainly for the browsing and purchasing of grocery products:

1.2.1    access to a collection of information, products, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works; 

1.2.2    search engines or tools;

1.2.3    blogs, message boards, communication tools;

1.2.4    email or message alerts; and

1.2.5    any other services, features, content or applications that Maxzi The Good Food Shop may offer through the Site from time to time in our sole and absolute discretion.

1.3       Maxzi The Good Food Shop reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services, Site at any time.  We may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

1.4      The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

2          License

2.1       Maxzi The Good Food Shop hereby grants you a personal, non-exclusive and non-transferable licence to use the Site and/or App, and access and use the Services available via the Site and/or App, subject to the terms set out in these Terms of Use.

2.2       You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:

2.2.1    any Service;

2.2.2    the Site or App;

2.2.3    any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, blogs, forums, message boards, broadcasts, comments, suggestions, ideas and other content, that is made available on or via the Site or Services (collectively, “Content”), except, to the extent permitted, with the prior written consent of Maxzi The Good Food Shop or unless expressly permitted in these Terms of Use.

2.3       Without prejudice to the generality of Clause 2.1, you agree not to reproduce, display or otherwise provide access to the Site, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Maxzi The Good Food Shop. 

2.4       The Site and all Content are the copyrighted work of Maxzi The Good Food Shop or our content or software providers, and Maxzi The Good Food Shop reserves and retains all rights in the Site and Content. 

2.5       You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Content, except under the specific circumstances expressly permitted by law or Maxzi The Good Food Shop in writing.

2.6       You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

3          Account Information

3.1       To access certain parts of the Site and Services, you will be required to sign-up for an account with Maxzi The Good Food Shop (“Account”) and select a user name ("User Name") and password ("Password").

3.2       You are solely responsible for safeguarding and maintaining the confidentiality of your User Name and Password.  You agree not to:

3.2.1    share or permit others to use your Account or Password; or

3.2.2    assign or transfer your Account to any other person or entity.

3.3       You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account. Maxzi The Good Food Shop shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.  If you are aware of any actual or suspected unauthorised use(s) of your Account, or loss, theft, or unauthorised disclosure of your Password, please promptly notify us at: maxz@indoguna-dubai.ae.

3.4       Each household or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.

3.5       Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by clicking here.

3.6       Where a delivery address is associated with multiple Account(s) without our written authorisation, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion and without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:

3.6.1    cancel any orders placed through such Account(s);

3.6.2    cancel or invalidate any credits or discount vouchers, coupons or codes awarded to or used by such Account(s);

3.6.3    prohibit such Account(s) or persons from participating in any promotions, contests or surveys of Maxzi The Good Food Shop; and/or

3.6.4    merge, suspend and/or terminate Account(s).

4          Orders, Pricing & Payments

4.1       Delivery areas

At present, Maxzi The Good Food Shop delivers to most areas in mainland Dubai, but not certain areas.  To find out if Maxzi The Good Food Shop delivers to your area, please click here.  You may also contact us at maxz@indoguna-dubai.ae to check on our delivery coverage.  Maxzi The Good Food Shop will only process and accept orders within our delivery coverage.

 

4.2       Orders

4.2.1    All orders made by you shall be deemed to be an offer made by you to purchase the selected product(s) and quantities set out in your order upon these Terms of Use.  All orders shall be subject to acceptance by Maxzi The Good Food Shop.  Processing of payment for an order shall not in itself constitute acceptance of the order by Maxzi The Good Food Shop, provided that where an order for any product(s) is rejected or cancelled by Maxzi The Good Food Shop, any payment made for such order shall be reversed or refunded by Maxzi The Good Food Shop  in accordance with our prevailing refund policy at such time.

4.2.2    All orders made by you are subject to stock availability.  Maxzi The Good Food Shop reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any product is out of stock, damaged or spoilt, or unavailable for any other reason.

4.3       Product Information, Pricing and Payment

4.3.1    Maxzi The Good Food Shop endeavours to provide you with accurate and up-to-date pricing, product and promotional information.  However, errors may sometimes occur and we do not guarantee that the pricing, images or other product or promotional information provided will be error-free, updated or complete.  You agree that Maxzi The Good Food Shop shall not be liable for any errors in the pricing and product or promotional information listed on our Site or through our Services.  The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Site.

4.3.2  All our prices are fixed and subject to changes without prior notice as the price of most of our products depends on the seasonality, harvest, market conditions. If the actual price of any item ordered by you is higher than that reflected on the Site or through our Services, we will inform you and you will be given an option to confirm or cancel your purchase of such item based on the correct price.  By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such item in accordance with our prevailing refund policy at such time.  If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.

4.3.3    Where the actual price of any product is dependent on its weight (“Weighed Item”), we will provide an estimate of the price based on indicated weight and our current prevailing rates at the time of checkout.  The actual weight and related price of the Weighed Item will be made known to you at the time of delivery and:

(i) in the event of any shortfall in payment, we reserve the right to charge you for the additional amounts; and

(ii) in the event of any overpayment, we will reverse or refund the excess amounts paid for such item in accordance with our prevailing refund policy at the time of delivery.

(iii) All product prices are shown in AED. Prices of products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice.

4.3.4    Payment for all orders shall be made in AED.

4.3.5    We accept payment for orders by MasterCard and Visa only.

​4.3.6 The cardholder must retain a copy of transaction records and Merchant policies and rules.

4.3.7    By placing your order, you authorise us to transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

5          Promotions, Voucher Codes and other Programmes

5.1       From time to time Maxzi The Good Food Shop may run promotions, contests, surveys and other programmes, subject to additional terms and conditions which can be found on the Site and are hereby incorporated by reference into these Terms of Use.

5.2       Promotions, contestsand programmes are only valid for the time period specified by Maxzi The Good Food Shop.

5.3       The following terms shall apply to the use of credits, vouchers, coupons and codes (“Voucher Codes”):

5.3.1    Each Voucher Code is only eligible for a single use and is only valid for the time period specified by Maxzi The Good Food Shop.

5.3.2    The Voucher Codes may only be redeemed by purchasing certain products from Maxzi The Good Food Shop during the applicable validity period.

5.3.3    Use of any Voucher Code must be indicated at the time of checkout, and all information required by Maxzi The Good Food Shop must be provided.  No retroactive use of the Voucher Code is permitted.

5.3.4    Voucher Codes cannot be used in conjunction with any other promotion, voucher, coupon, code or offer, including but not limited to discounted sale items, unless otherwise stated.

5.3.5    A minimum spend may be required before use of the Voucher Code is permitted.

5.3.6    Voucher Codes cannot be refunded, redeemed or exchanged for cash.

5.3.7    Resale, transfer and sharing of Voucher Codes are strictly prohibited.  In spite of the above, gift vouchers, if offered by Maxzi The Good Food Shop, may be purchased by you and given to others.

5.3.8    No reproduction, alteration, adaptation, tampering, distribution, publication, broadcast or other communication or dissemination of Voucher Codes is allowed.

5.3.9    Voucher Codes are non-replaceable if lost, stolen, destroyed, duplicated, tampered with or otherwise misappropriated or fraudulently used.

5.3.10  Maxzi The Good Food Shop reserves the right to verify the validity of any Voucher Code and to declare null and void, any Voucher Code which in our opinion has been stolen, duplicated, tampered with, or which is suspected to have been misappropriated or fraudulently obtained or used.

5.3.11  Maxzi The Good Food Shop reserves the right to vary or impose such other terms and conditions as we deem appropriate from time to time by posting the varied terms and conditions on the Site.

5.4       Where any free gift is offered as part of a promotion, the free gift is offered on a “first come first serve” basis and while stocks last basis. No cash will be offered in lieu of the gift.

5.5       Where you are permitted to return any product to Maxz The Good Food Shop for a refund and such product was originally purchased under a promotion or discount, you will only be refunded the amount that you originally paid for such product.  Where the promotion or discount had applied to the entire order, we will refund you the selling price of the returned product less the promotion or discount applied to the returned product on a pro-rata basis.  Further, any free promotional gift given with an order must also be returned if you are returning the product(s) to which the gift related.

5.6       Maxzi The Good Food Shop’s decision on all matters relating to promotions, discounts, Voucher Codes and other privileges is final and binding.

5.7       Maxzi The Good Food Shop reserves the right to discontinue any promotion, discount, Voucher Code programme, contest, privileges or programme at any time without notice or liability.

 

6          Deliveries

6.1       Delivery slots are subject to availability.

6.2       Bulk orders may be subject to a different delivery cost and may require a longer delivery time to be fulfilled.  “Bulk order” means an order for any product that comprises quantities of beyond 48 units, unless otherwise stated in writing by Maxzi The Good Food Shop. Please contact us at maxz@indoguna-dubai.ae to place a bulk order.

6.3       Maxzi The Good Food Shop will endeavour to deliver the products to your delivery address within the delivery time frame selected by you, but does not and cannot guarantee that the delivery time frames will be met as there may be factors outside of our control which may result in early or delayed deliveries.  You agree that Maxzi The Good Food Shop shall not be liable for any deliveries made outside the delivery time frame.

6.4       Please notify Maxzi The Good Food Shop immediately of any change to your delivery address, date or time of delivery, or contact number.  

6.5       Please arrange for someone to receive the delivery and sign off the delivery invoice or device.

6.6       If an order is cancelled, or if no one is at the delivery location to receive the order during the chosen delivery slot, Maxzi The Good Food Shop reserves the right to reschedule or cancel the delivery and charge you a re-delivery or cancellation fee of Aed20.00.

6.7       If there is any damaged or incorrect product (s) (including delivery of additional product(s) not ordered by you), please contact us within 24 hours at maxz@indoguna-duba.ae.  Maxzi The Good Food Shop at its sole discretion, will offer a replacement or refund of the damaged or incorrect product(s), or arrange for the re-delivery, collection and/or return of the incorrect product(s).

​6.8       Maxzi The Good Food Shop will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE

 7          Intellectual Property

7.1       The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, the App and all Content shall vest in and remain with Maxzi The Good Food Shop and its licensors.

7.2       The trademarks, logos and service marks ("Marks") displayed on this Site or App are the property of Maxzi The Good Food Shop and other third parties, and all rights to the Marks are expressly reserved by Maxzi The Good Food Shop and relevant third parties.  You are not permitted to use the name of Maxzi The Good Food Shop or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of Maxzi The Good Food Shop or such third party.

7.3       The domain name on which the Site is hosted on is the sole property of Maxzi The Good Food Shop and you may not use or otherwise adopt a similar name for your own use.

8          Comments, Feedback and Other Information

8.1       You may provide or submit comments, feedback, suggestions and other content or information (collectively, “Comments”) so long as the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment.  Maxzi The Good Food Shop reserves the right (but not the obligation) to review, remove or edit such content.

8.2       You hereby grant Maxzi The Good Food Shop a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable licence to use, reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site or App, for any purpose as Maxzi The Good Food Shop may require at its sole discretion.  You further agree that Maxzi The Good Food Shop may use and publish your name in connection with such Comments.

8.3       If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact us at maxz@indoguna-dubai.ae.

9         Disclaimers & Limitations

9.1       While we make every effort to ensure that the Site, App, Services and all Content is accurate and complete, we provide the  Site, App, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied.  To the fullest extent permissible pursuant to applicable law, Maxzi The Good Food Shop disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement.  Without limiting the foregoing, Maxzi The Good Food Shop does not warrant that the functions contained in or access to the Site, App, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, or Content are free of viruses or other harmful components, or that the download, installation or with any device will not affect the functionality or performance of the device.  Maxzi The Good Food Shop does not warrant or make any representations regarding the use or the results of the use of the Content, the Services, the Site in terms of their correctness, accuracy, completeness, reliability, or otherwise.

9.2       You agree that:

9.2.1    Maxzi The Good Food Shop shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and

9.2.2    access to or the operation of the Site and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,

and in any such event, Maxzi The Good Food Shop shall not be liable for any loss, liability or damage which may be incurred as a result.

9.3       In no event shall Maxzi The Good Food Shop be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Site, the App, Content or any other website or device.  In the event that Maxzi The Good Food Shop is liable for damages despite the foregoing provision, you agree that Maxzi The Good Food Shop’s aggregate liability to you for any and all causes of action in relation to:

9.3.1    any order, sale or delivery of any product by Maxzi The Good Food Shop under these Terms of  Use shall not exceed the price of the product giving rise to such claims; and

9.4       In no event shall Maxzi The Good Food Shop be liable for any indirect, special, consequential, or incidental damages that result from the Services, Site or Content, or your use of, or the inability to use, the Site, Content or any other website or device, even if Maxzi The Good Food Shop or a Maxzi The Good Food Shop authorised representative has been advised of, or should have foreseen, the possibility of such damages.

9.5       You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by Maxzi The Good Food Shop at either reasonable costs or no costs to you.

10          Linked Sites

10.1     Maxzi The Good Food Shop may provide links, plug-ins, widgets or other connections to other sites ("Linked Sites") that may be of relevance and interest to users.  Maxzi The Good Food Shop has no control over, and is not responsible for the content on or obtained through the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability, accuracy or reliability of any of the Linked Sites. You hereby agree to assume all risk arising from the use of the Linked Sites and hereby irrevocably waive any claim against us with respect to the Linked Sites.  Maxzi The Good Food Shop does not endorse, recommend or guarantee any of the Linked Sites, and Maxzi The Good Food Shop expressly disclaims all liabilities and responsibilities arising in relation to any Linked Sites.

11         Security & Privacy

11.1     Maxzi The Good Food Shop recognises the importance of keeping your personal information and data secure and private.  To understand our security and privacy policies and practices, please read our Maxzi The Good Food Shop Security & Privacy Policy .  

11.2      Please do not submit any personal information or data without first reading our Security & Privacy Policy which explains our data use and privacy practices in detail.

12          Suspension & Termination

12.1     You agree that Maxzi The Good Food Shop has the right in its sole and absolute discretion and without notice or liability to:

12.1.1  restrict, suspend, or terminate your access to all or any part of the Site or Services; and/or

12.1.2  terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,

without assigning any reason.

12.2     Without prejudice to the generality of the above, Maxzi The Good Food Shop reserves the right to deactivate your Account if it has been inactive for a period of 10 years or more, or if you are in breach of any of our Terms of Use.  

 

13          Indemnity

13.1     You agree to indemnify and hold Maxzi The Good Food Shop, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

13.1.1  any use of the Site, any Service;

13.1.2  your connection to the Site;

13.1.3  your breach of any terms and conditions of these Terms of Use;

13.1.4  your violation of any rights of another person or entity; or

13.1.5  your breach of any statutory requirement, duty or law.

14          Force Majeure

14.1     No party shall be liable for any failure to perform its obligations under these Terms of Use if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.

14.2     For purposes of these Terms of Use, a “Force Majeure Event” is an event which is a circumstance or event beyond the reasonable control of a party, and which results in the party being unable to observe or perform on time an obligation under these Terms of Use.  Such circumstance or event shall include strikes, lockouts, industrial action or labour disputes, riots, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, storm, flood, natural physical disasters, epidemic, quarantine restrictions, disruption to supply lines, and general failure or impossibility of the use of aircraft, shipping, aircraft, motor transport or other means of public or private transport, or political interference with the normal operations of any party.

 

15         Governing Law and Jurisdiction

15.1     ​Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of UAE.