1.1 This site www.carlucciosme.com (“Website”) is made available by Foodmark LLC (“Landmark”, “we”, our” or “us”). Any reference to “Landmark”, “we”, “our” or “us” includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
1.3 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment that may be required by you to use the Website and the Services. You must, at all times, provide your own hardware, software as well as a modem and Internet connectivity and telecommunications infrastructure.
2. Your agreement to these Terms
2.5 You may print a copy of these Terms for your personal use and understanding. If you have any difficulty printing these Terms or require assistance in obtaining a hard copy or electronic copy of these Terms, you should email email@example.com
3. Accessing and the use of the Services
3.1 The Website and the Services available through the Website may contain links to other third party websites, including (without limitation) social media platforms (“Third Party Websites”). If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies.
3.2 We do not permit copyright infringing activities and infringement of intellectual property rights on the Website, and we may, at our sole discretion, remove any infringing Content if we are of the view that such Content infringes on another’s intellectual property rights or our own.
3.3 Hyperlinks provided on this Website to non-Landmark’s sites, are provided “as is” and Landmark does not necessarily agree with, edit or sponsor the content on such websites. No person, business or website may frame this Website or any of the pages on this Website in any way whatsoever.
4. Loyalty Programmes (where applicable)
4.1 Landmark may offer loyalty programmes and promotions from time to time. If we do not offer any loyalty programmes in your country, clauses 4.2 and 4.3 of these Terms do not apply to you.
4.2 To the extent Landmark offers participation in certain loyalty programme/s, the details will be as listed on the Website. Should you be a member of any such loyalty programme and wish to earn loyalty rewards or discounts on Landmark products, please refer to the loyalty programme link on the Website.
4.3 If you are already a member of Landmark loyalty programme, you can check your balance by following the loyalty programme link on the Website.
5. Ordering Online (if applicable)
5.1 Provided that you are ordering goods in the UAE where Landmark offers an online ordering service, you can order certain Landmark products online subject to the terms and conditions accessible via the Website.
5.2 You can check if you can order goods online in the UAE by visiting our Website.
5.3 Product delivery terms: • The total price for products ordered may include delivery charges and other charges, as per the restaurant terms, as may be applicable at the time of placing the order. • Delivery periods quoted at the time of ordering are approximate only, and may vary. • During any product delivery made by the restaurant, if a customer is not available at the address specified in the system or as may be provided by such customer at the time of placing an order, the meals ordered by the customer shall not deliver to anywhere else and in such a case refund shall be applicable subject to confirmation from the restaurant. Moreover, customer shall be liable for all legal responsibilities arising from ordering a meal to an address where he/she does not exist. • If any special condition or entry permit is required for the restaurant personnel to reach the designated address, then customer shall at his/her responsibility provide all reasonable assistance to restaurant personnel for successfully delivering the products or else, in such a case, refund shall be applicable subject to confirmation from the restaurant.
5.4 Only for orders paid with credit card or other online mode, refund is possible under following conditions: • Cancellation upon users request for cases as follows, (i) order has not been transmitted to the restaurant, (ii) order has been transmitted to the restaurant but has not been prepared or order has been prepared but restaurant confirmed the cancellation of the order; • Partial or full cancellation of an order due to the absence of ordered product or products in the restaurant; • Cancellation due to customer’s address not being within restaurant’s delivery regions; • Cancellation due to failure in order transmission to the restaurant; • Cancellation after restaurant’s approval due to dissatisfaction with the ordered product; and • Cancellation after restaurant’s approval due to delay in delivery of the ordered product.
5.5 If eligible and approved by the restaurant, refund for orders with a payment method other than online credit card will be made by the respective branch restaurant.
5.6 Refund for orders paid with online credit card will take 15-30 days after refund is approved by the restaurant and subject to refund policy, if any, of respective financial institution.
6. Accuracy of Information
6.1 Whilst all reasonable and foreseeable steps and precautions have been taken to ensure the accuracy of all of the Content available on the Website, the Content is intended and produced for general information purposes only, and except to the extent allowed by law, should not be relied upon by you as specific advice of any kind.
6.2 You understand and agree that the information, details and descriptions set out on this Website, including the details regarding the prices, menus, products and services, may change from time to time. This Website may therefore not always contain the correct or most up-to-date information, details and descriptions relating to our Services. You are advised to contact us at hello@ carlucciosme.com) before using or relying on the information on the Website.
6.3 You acknowledge that any nutritional or any other advice on the Website is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature whatsoever. These advice are of generic nature and they may or may not be applicable in your case, considering your health conditions. Before taking any action based on any advice on Website, you are requested to consult your health advisor or nutritionist for any advice specific to you. We shall not be held liable to you or any third party for any inaccuracy, completeness or suitability of such advice.
7. Your behaviour when using the Website and the Services
7.1 You may not use the Website to obtain or distribute:
7.1.1 copyrighted material or material protected by law without our prior written consent; or
7.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software.
7.2 You must not perform any act that may jeopardize or interfere with the functionality or the operation of any part of the Website or our Services.
7.3 You are strictly prohibited from using the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
7.4 You shall not intercept any information transmitted to or from us or the Website that is not intended by us to be received by you.
7.5 Subject to the further provisions of these Terms, the Website and the Content may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website or the Content. 7.6 Subject to the further provisions of these Terms, you are not allowed to: (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use. On notice by Landmark, you agree to stop any activity that Landmark does not consider, in its sole and absolute discretion, to constitute fair use.
7.7 You are permitted to create a hyperlink to the Website so long as the link does not adversely affect or portray us, our employees, affiliates or agents in a false, confusing, misleading, derogatory, or otherwise offensive manner or in any way associate us with any derogatory or otherwise offensive content. You also agree to ensure that any hyperlink to the Website is clearly visible.
7.8 Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content that may be cached when using the Website or the Content.
7.9 In addition, you shall not and shall not allow a third party to:
7.9.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the Content (“the Software”) or any files contained in or generated by the Software by any means whatsoever;
7.9.2 remove any product identification, copyright or other notices, from the Software or documentation;
7.9.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your hardware; or
7.9.4 disseminate performance information or analysis of the Software from any source relating to the Software.
8. Intellectual Property Rights
8.1 The Website and its Contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material are protected under relevant intellectual property rights laws. They might be either owned by Landmark or its franchisor company or licensed to them by third parties and such third parties may own them.
8.2 We reserve all rights (including all intellectual property rights of Contents) not expressly granted herein to the Website and the Content we make available on or via the Website.
8.3 You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, including any use, copying, or distribution of Content of third parties obtained through the Website for any commercial purposes. The Website and its Contents are intended solely for personal, noncommercial use by the users of our Website. If you download or print a copy of the Content for personal use, you must not tamper any copyright and other proprietary notices contained therein and shall retain them ‘as is’.
8.4 You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on the use of the Website or the Content therein. All moral rights of Landmark and its employees/agents are reserved.
8.5 Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Content, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Content, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.
8.6 You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services.
9. Collection of Personal Information
10.1 You agree to defend, indemnify us and hold us and our franchisor, their officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:
10.1.1 your use of and access to the Website and/or the Services;
10.1.2 your violation of any term of these Terms, including Online Terms and Conditions;
10.1.3 your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or
10.1.4 any claim that your content, information, suggestion or feedback caused damage to a third party accessing the Website and/or Services. This indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Services and the Website.
11. Limitation of Liability
11.1 Subject to clause
11.2 below, neither us nor our franchisor or any of their agents, officers, subsidiaries, holding companies, affiliates, successors, assigns, directors, service providers, suppliers, employees or representatives shall be liable for any damage, loss or liability (including any indirect, consequential, special or incidental damages) of whatsoever nature arising from your use of or inability to use the Website or the Services or Content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
11.2 No provision of these Terms (or any contract governed by these Terms):
11.2.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption; and
11.2.2 requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
12. Exclusion of Warranties and Representations
12.1 While the goods and services sold via the Website may be subject to the additional payment terms and conditions accessible via the Website, to the extent allowed by law, the Website and the Content are supplied on an “as is” basis and have not been compiled or supplied to meet your individual requirements. It is your responsibility to satisfy yourself prior to entering into this agreement with us that the Services available from and through the Website will meet your individual requirements and be compatible with your hardware and/or software.
12.2 As far as applicable laws allow, the Website and the Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including (without limitation) any representation or warranty as to the operation, integrity, compatibility, availability or functionality of the Website or as to the operation, accuracy, completeness, integrity, compatibility, availability functionality or reliability of the Content.
13. Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
14. Successors and Assigns These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
16. Electronic Communications
16.1 By using the Website and/or the Services, you agree that all agreements, notices, disclosures and other communications sent by you or Landmark satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”. For the purposes of this clause, a “data message” means data generated, sent, received or stored by electronic means.
16.2 You agree specifically that:
16.2.1 the agreement will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website and/or Services;
16.2.2 an electronic signature is not required by you or us for purposes of agreeing to these Terms;
16.2.3 your use of the Website and/or the Services is sufficient evidence of your consent to these Terms;
16.2.4 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within the UAE;
16.2.5 subject to the further provisions of these Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorized by us; and
16.2.6 subject to the further provision of these Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who has authority to act on our behalf in respect of that data message.
17. Termination of your account / access to the Services
17.1 If you have an account with us, you may terminate the same at any time by contacting us via the “Contact Us” link at the bottom of these Terms, and ceasing further use of the Services. Upon termination, you must destroy all documents, information, Contents that pertains to us or downloaded from Website or forwarded by us via electronic mail.
17.2 We may terminate your use of the Services and deny you access to the Services in our sole discretion for no reason or any reason, including your violation of these Terms. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account / linkage to our Website and all related information and/or bar any further access to your account with us or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your account or access to the Services.
18. Feedback / Suggestions All remarks, suggestions, ideas, graphics, or other information communicated to Landmark through the Website (“Feedback”) will perpetually be the property of Landmark. Landmark will not be required to treat any Feedback as confidential, will not be liable for such ideas for using them for its business (including without limitation, product or advertising ideas). Without limitation, Landmark will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. Except as noted below in this paragraph, Landmark will be entitled to use the Feedback for any commercial or other purpose whatsoever without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not Landmark, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Landmark and its users any claims/assertions, whatsoever of any nature, with regard to such Feedback.
19. Removal of Content Any comment or suggestion of yours that is derogatory, defamatory or hateful and without any substantial evidence may be taken down at our sole discretion. We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content on Website or any content as may be provided by you that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or applicable laws / third party rights or otherwise harmful to the Services or us or our stakeholders in our sole discretion and shall further have the right to take appropriate recourse to such remedies as would be available with us under various statutes. Subject to the requirements of applicable law, we are not obligated to return any of your content / information to you under any circumstances.
20 Marketing Material Some of the Services may be supported by advertising revenue and may display marketing and promotional materials. The manner, mode and extent of advertising by Landmark on this Website are subject to change without specific notice to you. In consideration for Landmark granting you access to and use of the Services, you agree that Landmark may place such advertising on this Website. Part of the Website may contain advertising information or promotional material or other material content submitted to Landmark by third parties. Responsibility for ensuring that material submitted for inclusion on the Website or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Landmark found on or through the Website and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Landmark will not be responsible or liable for any error or omission, inaccuracy in any marketing material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Website and mobile apps, as the case may be.
21 General Provisions
21.3 Both you and Landmark acknowledge and agree that no partnership is formed, and neither you nor Landmark has the power or the authority to obligate or bind the other.
22. Governing Law and Miscellaneous Provisions
22.2 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or inapplicable or unlawful (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction), the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
22.3 The termination of any contract created by these Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.