TERMS & CONDITIONS

The terms and conditions set out below (“Terms”) govern your use of the Hood mobile applications (each an “App”) and the Hood website (the “Website”) [www.hood.aeADD URL/HYPERLINK], including the content and Platforms provided on them (collectively, the “Platforms”). The Platforms are owned, operated and provided by Hood Delivery – Sole Proprietorship LLC and our related companies (“Hood”, “we” or “us”).
By accessing, downloading, using or browsing the Platforms, you are deemed to have accepted and agreed to be bound by these Terms. In these Terms, any person who accesses the Platforms is referred to as "you" or "your". If you do not accept these Terms, you must not use the Platforms.
If you have any questions regarding the Platforms or the Terms, please contact us info@hood.aehere.
We reserve the right to make changes to these Terms by updating them on the Website or notifying you in the App. The revised terms will be effective once they are updated or notified to you and your continued use of the Platforms means you have accepted and agree to be bound by the revised terms.
 

Who can use the Platforms
To access the Platforms, you must:
•    be at least 18 years old or the minimum legal age. Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of any goods on the Platforms. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately; and

•    not have previously had your account disabled for violation of law or any of our policies.

What we do
Through our Platforms, Hood links you to the suppliers (the “Suppliers”) for you to order a variety of goods including prepared meals and food items (hereinafter collectively referred to as "Goods") to be delivered to you. When you place an order for Goods from our Suppliers (“Order”), Hood acts as an agent on behalf of that Supplier to facilitate, process and conclude the order and subsequently for either us or the Supplier to deliver your Order to you. Suppliers may be owned and operated by third party Suppliers, our affiliate companies, or us.

Your use of the Platforms
You will need to register for a Hood account for you to use the Platforms. When you register for a Hood account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Hood account are your sole responsibility.
Hood shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.
If you wish to delete your Hood account, please send us an email requesting the same. We may restrict, suspend or terminate your Hood account and/or use of the Platforms, if we reasonably believe that:
(a)    someone other than you is using your Hood account; or

(b)    where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.
You must not:
•    use the Platforms for any purpose in violation of any local or federal laws or regulations;
•    use the Platforms directly or indirectly for any activity which breaches any laws, infringes a third party’s rights, is unlawful, or breaches the Terms;
•    post content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Hood in its sole discretion or pursuant to local community standards;
•    posting content that constitutes cyber-bullying, as determined by Hood in its sole discretion;
•    posting content that depicts any dangerous, life-threatening, or otherwise risky behaviour;
•    posting telephone numbers, street addresses, or last names of any person;
•    posting anything that may be “spam,” as determined by Hood in its sole discretion;
•    harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
•    allowing any other person or entity to use your identification for posting or viewing comments;
•    harassing, threatening, stalking, or abusing any person on the Platforms;
•    engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Hood, exposes Hood or any of its customers, suppliers, or any other parties to any liability or detriment of any type;
•    encouraging other people to engage in any prohibited activities as described herein;  

•    tamper with, hinder the operation of, or make unauthorised modifications to the Platforms;
•    knowingly transmit any virus or other disabling feature to or through the Platforms;
•    collect information about others, including email addresses, without their consent;
•    engage in any other conduct that we may advise that we consider (in our absolute discretion) breaches these Terms or is otherwise inappropriate for the Platforms; and
•    use the Platforms other than as specifically permitted by these Terms.
Hood reserves the right but is not obligated to do any or all of the following:
•    investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
•    remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
•    suspend or terminate a user’s access to the Platforms or their Hood account upon any breach of these Terms;
•    monitor, edit, or disclose any content on the Platforms; and
•    edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.
[Drafting Note: if Hood envisages giving access to customers to post content on the Platforms, for instance ability to write reviews, giving ratings to a partner restaurant/supplier, raise complaints with the deliveries etc, then the above restrictions would be recommended for customers to comply with.]

Accuracy of Registration Information
When registering with us to use or access the Platforms, you must ensure that all information you provide is true, correct, complete, up-to-date and not false, misleading or deceptive in any material way. If you change your details while you are registered with us, you agree to ensure your details are updated.

Username and Password
It is your responsibility to keep your login (email address) and your password safe and secure. If there is any activity undertaken with your login details, then you are responsible. Your account is for your sole, personal use. You may not allow others to use your account and you may not assign or otherwise transfer your account to any other person or entity. If you think that your details may have been used by someone else then you must change your password immediately. You acknowledge and agree that we may disable your login account or access to the Products if we discover that your login details have been provided to any third party. You agree to indemnify us against any and all claims arising out of your failure to maintain the confidentiality of your username and password.

Orders
•    When you place an Order with Hood, Hood will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. value-added tax, etc.).

•    Minimum Order Value - Some of our Suppliers require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.
•    Special Instructions – Hood and the Supplier (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, Hood and/or the Supplier reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Hood nor the Supplier shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.
•    Allergens – Hood is not obligated to provide ingredient information or allergen information on the Platforms. Further, Hood does not guarantee that the Goods sold by the Suppliers are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Supplier before placing an Order on our Platforms.
•    Please note that your Order may be subject to additional terms and conditions provided by the Supplier.
•    Prior to placing the Order:
•    You are required to provide the delivery address in order for the Platform to display the Suppliers available in your delivery area.
•    Once you select a Supplier, you will be taken to that Supplier’s menu page for you to select and add your Goods to the cart.
•    To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

•    Cancelling an Order:

•    Please contact us immediately via our in-app customer support chat feature if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Supplier has not yet accepted your Order. [Drafting Note: Need to check if this feature is being offered]

•    Refunds:

•    Online Payment Orders: You have the right to a refund for a cancelled Order only if a Supplier has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Supplier, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.
•    Hood reserves the right to cancel any Order and/or suspend, deactivate or terminate your Hood account in its sole discretion if it reasonably suspects or detects fraudulent behaviour or activity associated with your Hood account and/or with your Order.

Price and Payment
•    Prices quoted on the Platform shall be displayed in the United Arab Emirates Dirhams and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Suppliers (either on their own websites, mobile applications, or at their brick-and-mortar outlets).

•    The way we display the prices of our Goods may vary depending on the Supplier, and the prices reflected on our Platforms may:

•    include VAT or such other equivalent tax; or
•    exclude VAT or such other equivalent tax.

A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.

•    Delivery fees are chargeable on every Order unless:
•    you have a valid promotional or discount voucher and apply it at Checkout.
•    Prices indicated on the Platforms are as at the time of each Order and may be subject to change.

•    You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:

•    Our payment partners: Visa, Mastercard.

•    Such other payment method we offer from time to time.
•    If you have existing credit in your Hood account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.

•    After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt.

Payment Methods
•    Hood reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. Hood does not store your credit card or payment information.

•    You must ensure that you have sufficient funds on your credit or debit card to fulfil payment of an Order. Insofar as required, Hood takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.

Delivery
•    Delivery Areas: You understand that our Suppliers offer their Goods in specific delivery areas and our Suppliers vary from delivery area to delivery area. By entering your delivery address on the Platforms, you will see the Suppliers that we make available to you at that time. Delivery areas may expand, shrink or change depending on weather and traffic conditions and situations of force majeure.

•    Delivery Time: Hood shall deliver your Order to the delivery address provided by You. You may choose for your Order to be delivered “ASAP” or scheduled for a specific time. An estimated delivery time will be provided to you in your email confirmation but delivery times shall vary depending on factors that are not controlled by us (e.g. order quantity, distance, time of day (peak periods), weather conditions, traffic conditions, etc.). You can view the remaining delivery time of an Order when you click on ‘My orders’ on the Platforms. You acknowledge that the delivery time we provide is only an estimate and Orders may arrive earlier or later. To ensure that you do not miss a delivery of an Order, you should ensure that either you or someone is at the delivery location to receive the Order once an Order is placed.

•    Unsuccessful or Failed Deliveries: In cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

•    no one was present or available to receive the Order;
•    customer was uncontactable despite attempts to reach the customer via the phone number provided; or
•    lack of appropriate or sufficient access to deliver the Order successfully; or
•    lack of a suitable or secure location to leave the Order;

then you will still be charged for the Order.

•    No-show cancellations: If you remain uncontactable or fail to receive the Order within ten (10) minutes from the time the Order arrives at your delivery address, Hood reserves the right to cancel the Order without refund or remedy to you.
•    Wrong Order, Missing Items, Defective Goods: Upon receipt of your Order, if you discover that there are issues with your Order (e.g. wrong order, defective order, or missing items) please contact customer support via one of the methods indicated above. In some cases, Hood may request for photographic proof and/or additional information to properly investigate the issue with your Order. If we determine that the Order and/or Goods you received are not of satisfactory condition or quality, we will compensate you for your Order or parts of your Order.

Vouchers
•    From time to time, Hood may run marketing and promotional campaigns which offer voucher codes, discounts, and other promotional offers to be used on the Platforms (“Vouchers”). Vouchers are subject to validity periods, redemption periods, and in certain cases, may only be used once.

•    Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers.

•    Unless otherwise stated, Vouchers can only be used on our Platforms.

•    Vouchers cannot be exchanged for cash.

•    Hood reserves the right to void, discontinue or reject the use of any Voucher without any prior notice to you or the Supplier.

•    We may exclude certain Suppliers from the use of Vouchers at any time without prior notice to you.


Representation and Warranties
•    You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any content, goods, products or Platforms accessed or obtained thereby is at your sole risk and discretion. While Hood makes reasonable efforts to ensure the provision of the Platforms and the Platforms we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.

Limitation of Liability
•    To the extent permitted by law, Hood (which shall include its employees, directors, agents, representatives, affiliates and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our Platforms, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Hood entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if Hood entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based.

Supplier’s representation
•    Hood shall neither be liable for actions or omissions of the Supplier nor you in regard to provision of the Goods and/or where Supplier Delivery applies to your Order. Hood does not assume any responsibility or liability for the quantity, quality, condition or other representations of the Goods and/or Platforms provided by Suppliers or third parties, or guarantee the accuracy or completeness of the information (including menu information, photos and images of the Goods) displayed on the Supplier’s listing/offering on the Platform. Nothing in these

Terms shall exclude Supplier’s liability for death or personal injury arising from Supplier’s gross negligence or wilful misconduct.

Indemnity
•    You agree to indemnify, defend, hold harmless Hood, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.

Third party websites
•    The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. Hood does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. Hood accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.

Termination
•    Hood has the right to terminate, suspend or delete your account and access to the Platforms, including any delivery service we provide to you in respect of an Order, for any reason, including, without limitation, if Hood, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Hood may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites.

Amendments
•    Hood may amend these Terms at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. It is your responsibility to check the Terms regularly. If you do not agree with the amended Terms, whether in whole or in part, you must stop using the Platforms immediately.

Severability
•    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.
 

Intellectual Property
•    You acknowledge that any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, whether registered, in the course of being registered or unregistered and any analogous rights worldwide (“Intellectual Property Rights”) in the Platforms, belong to us or our licensors.

Technical Difficulties
•    You acknowledge that your use of the Platforms may be subject to interruption or delay. Due to the nature of the Internet and mobile phone communications, we and our service providers do not make any warranty that the Platforms will be error free, without interruption or delay or free from defects in design or engineering.

•    The compatibility of the Platforms is not guaranteed for all software or hardware of users.

Privacy
You acknowledge that you have read and understood the terms of our Privacy Policy , which form part of these Terms. You agree that we may use and disclose information about you in accordance with the terms of the Privacy Policy. You also agree to check the Privacy Policy on a regular basis and to let us know if you object to use or disclosure of information about you in accordance with any updated statement.

Law
These Terms are governed by, and construed in accordance with the laws of United Arab Emirates. The parties submit to the jurisdiction of the Abu Dhabi courts for any proceedings in connection with these Terms.  

 

o    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.
o    United Arab of Emirates is our country of domicile.
o    Minors under the age of 18 are prohibited to register as a user of this website and are not allowed to transact or use the website.
o    If you make a payment for our products or services on our website, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
o    The cardholder must retain a copy of transaction records and Merchant policies and rules.
o    We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currencies).

Delivery/Shipment Policy - The following statements to be added on this section are as follows: (Name of the Website) will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE. Multiple transactions may result in multiple postings to the cardholder’s monthly statement. Refund and Cancellation Policy - The following statement to be added on this section is as follows: Refunds will be done only through the Original Mode of Payment. Contact Us – Address: 23rd floor Al Sila Tower, Mariah Island Abu Dhabi PO Box Number 106101 Landline Number 02 444 1474