Grub Tech Limited (herein referred to as “GrubTech, us, we or our”) is a company incorporated in Wickhams Cay II, Road Town, Tortola, VG1110, British Virgin Islands.
GrubTech is the owner and operator of a technology platform (which includes restaurant branded websites, restaurant and cloud kitchen admin portals, point of sale systems and various other applications and modules released by GrubTech from time to time) which connects restaurants and cloud kitchens to customers for orders (Site or Sites).
BY USING OUR SITE, YOU ACCEPT THESE TERMS
WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.
YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms, or the Master Services Agreement.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. In the event of such a breach, your right to use our site will cease immediately and you will be reported to the relevant authorities.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
AVAILABILITY OF SITE
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
IF YOU ARE A RESTAURANT USING OUR SITE OR PROCESSING AN ORDER
You acknowledge and agree that:
These Terms should be read in conjunction with and form part of your Master Services Agreement with GrubTech
All content provided by you (including but not limited to menu item descriptions, prices, allergy information, recipe information and ingredients) (Restaurant Content) will be accurate at all times, not misleading or deceptive and that it complies with all applicable laws and regulations. We shall not be responsible for reviewing the Restaurant Content and you will be liable to us and indemnify us for any breach of this obligation
We have the right to remove any Restaurant Content from the Site if, in our opinion it is misleading, inaccurate, offensive, inconsistent with any applicable laws or regulations or for any other reason in our sole discretion
You are solely responsible for securing and backing up the Restaurant Content
You either are the sole and exclusive owner of all Restaurant Content or you have all rights, licenses, consents and releases necessary to grant us the license to the Restaurant Content as set forth above
Neither the Restaurant Content, nor your submission, uploading, publishing or otherwise making available of such Restaurant Content, nor our use of the Restaurant Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation
You will not provide Restaurant Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove Restaurant Content, at our sole discretion and at any time and for any reason, without notice to you
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Site
use of or reliance on any content displayed on our Site
any order or services provided to you by the restaurant
In particular, we will not be liable for:
loss of profits, sales, business, or revenue
loss of anticipated savings
loss of business opportunity, goodwill or reputation
any indirect or consequential loss or damage
YOUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY US
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your misuse of the Site.
EVENTS OUTSIDE OUR CONTROL
We shall not liable to you for any delay or non-performance of our obligations under these Terms arising from any cause beyond our control including, but not limited to any of the following: act of God, governmental act, war, fire, flood, explosion, breakdown of communication lines, change in legislation or government order or civil commotion.
WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
These Terms are governed by, and will be construed under, the laws of England and Wales and any dispute, controversy or claim arising in connection Terms shall be subject to the exclusive jurisdiction of the Courts of the Dubai International Financial Centre (DIFC). For disputes under 1,000,000 AED in value, the parties agree to exclusively hear the matter in the Small Claims Tribunal at the DIFC Courts.