Terms Of Use

Here some legal stuff (November 2019)

  1. Introduction

Welcome to earlybird.ae. The Terms of Use set out here govern the use of earlybird.ae. By using earlybird.ae you that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use.  The use of earlybird.ae is unauthorized if you do not agree to our Terms of Use or if you violate the Terms of Use.

When we say in the following “Earlybird” we mean Early Bird Catering Services LLC. We also refer to Earlybird as “we”, “us” or “our”. When we say “you” or “your” we mean any user on our site (like you). When we refer to “Terms of Use” we mean these Terms of use and all other policies published on our site. “Content” defines product information provided on our site including but not limited to images, descriptions, logos, designs, illustrations, communications in all means.

These Terms Of Use might be updated from time to time and are always posted in this section in its current version.

  1. Use of earlybird.ae

You confirm that all information you provide on or through earlybird.ae is accurate and complete. It is in your sole responsibility to maintain the confidentiality and security of your account information including username and password. Earlybird is not responsible for any losses arising out of the unauthorized use of your account and you agree that Earlybird does not have any responsibility if you lose or share acces to your device.
Any agreement between you and the issuer of your payment card (credit card/debit card) will continue to govern your use of such payment method on earlybird.ae. You agree that Earlybird is not a party to such agreement and Earlybird is not responsible for the content, accuracy or unavailability of any method used for payment. It is in our sole discretion to restrict or terminate your account for any reason.

With the use of earlybird.ae you will not:

- Post any content prohibited by UAE law or is in violation with these Terms of Use.
- Install any virus, worm, Trojan horse, spyware, or other computer code, file or program
  that is or is potentially harmful or invasive or intended to damage or hijack the
  operation of, or to monitor the use of, any hardware, software, or equipment.
- Use earlybird.ae for any purpose that is unlawful or fraudulent
- Interfere with or disrupt the operation of earlybird.ae or the systems, servers or
  networks used to host earlybird.ae including by hacking or defacing any portion of
  earlybird.ae.

- restrict any other person from using earlybird.ae
- Reverse engineer, decompile or disassemble any portion of earlybird.ae or manipulate
  any content on earlybird.ae
- Systematically download and store any content
- Use any robot, spider, site search/retrieval application or other manual or automatic
  device to retrieve, index, “scrape,” “data mine” or otherwise gather any content, or
  reproduce or circumvent the navigational structure or presentation of earlybird.ae.
- Violate any law, rule, or regulation, or these Terms of Use
- Frame or mirror any portion of earlybird.ae, or otherwise incorporate any portion of
  earlybird.ae into any product or service
- Cause injury to any person or entity
- You will not use Earlybird’s name, logo, or brand to:  send any unsolicited or
  unauthorized Content, including advertising, promotional materials, email, junk mail,
  spam, or other form of solicitation.  or use any meta tags or other hidden text or
  metadata utilizing a Earlybird trademark, logo, URL, or product name without
  Earlybird’s written consent.
- You will not attempt to do anything, or permit, encourage, assist, or allow any third
  party to do anything, prohibited in this Section, or attempt, permit, encourage, assist,
  or allow any other violation of these Terms of Use

  1. Prohibited Content

    You agree that you will not publish content in connection with earlybird.ae that:

- is false, fraudulent, inaccurate, or misleading
- violates the laws of the Untied Arab Emirates, international laws or is otherwise
  tortious.
- is obscene, indecent, pornographic, or otherwise objectionable
- is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or
  embarrassing to any other person or entity.
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on
  the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
- is violent or threatening, or promotes violence against, or actions that are threatening
  to, any individual or group
- contains advertisements, solicitations, or spam links to other web sites or individuals.
- impersonates another business, person, or entity, including Earlybird, and its
  employees
- is intended to cause harm, damage, disable, or otherwise interfere with earlybird.ae or
  our partners

  1. Published Content

Earlybird and its suppliers publish different content. The content is for informational purposes only, and might not be free of errors. Before you act in reliance on any content or information, you should confirm any facts that are important to your decision.  Earlybird makes no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any content.  If you find an error or notice something that does not look quite right on earlybird.ae, we would appreciate it if you let us know by contacting us.

Earlybird.ae provides descriptions, and images of goods and services. Such products and services may be made available by us or by third parties.  We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such product/service listings, descriptions, or images (including any features, specifications, and prices contained on earlybird.ae).  Such information and the availability of any Product are subject to change at any time without notice.

We try to display product attributes including applicable colors as accurate as possible.
However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish.  In addition, certain weights, measures, and similar descriptions are approximate and are for general information only. 

Earlybird has no liability to you for content on earlybird.ae that you find to be offensive, indecent, or objectionable.  Certain products (i.e. tobacco) have age restrictions. By ordering an age restricted item, you certify that you fulfill the age restrictions.

EarlyBird is not responsible for, and cannot guarantee the performance of, goods and services provided by third parties. We always try to provide accurate information, product packaging and ingredients including the product description, country of origin, nutrition, ingredient, allergen, and other information.  Always read labels, warnings, directions, and other information provided with the product before using or consuming the product.  For additional information about a product, please contact the manufacturer. 

  1. Other Sites

References on earlybird.ae to any names, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.  Earlybird is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which earlybird.ae operate or otherwise interact, nor is Earlybird responsible for the acts or omissions of any operator of any such site or platform.  Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).
 

  1. Order and payment at earlybird.ae

Once you have placed an order at earlybird.ae we will send you an order acknowledgment by email setting out what you have ordered.  This is not an order confirmation or acceptance from us. 

There may be a minimum order value, which may change from time to time.  In addition to the price of goods, a service fee for delivery may apply depending on the service selected as shown at checkout. All prices quoted are inclusive of tax. In case there is a change in taxation between the order date and the desired delivery date the applicable tax on delivery date will be charged. 

Due to shipment options and delivery times, there are limitations on when changes or cancellations to orders can be made.  Priority orders can only be cancelled within 15min. after order placement. Convenience deliveries need to be cancelled min. 3h before the delivery is going to happen. Please contact the Earlybird call center by phone on +971 4 338 70 90

Title to the goods purchased by you and all related risks hereto i.e. damage, loss, expiry on these items passes to you upon delivery of the items to you.

Earlybird might at its sole discretion provide you with a refund in certain circumstances.  If you are not satisfied with your order, please contact the Earlybird call centre on +971 4 338 70 90 during our regular opening hours.

For certain products which by nature cannot be returned are excluded from refunds. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body products, ice cubes, crushed ice, personal grooming products etc.).

Earlybird accepts the following payment methods: online credit/debit card, or cash, credit/debit card on delivery.

If you place an order on earlybird.ae which you pay online by credit/debit card you confirm and guarantee that you have the right to use any credit card or other means of payment that you provide to us. By providing credit/debit card information to us, you authorize us to store and use the card as a payment method for purchases made on earlybird.ae

All billing information provided by you must be truthful and accurate.  Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order.  

Prior to accepting an order we may also request additional information from you.  Verification of information may be required prior to the acknowledgment or completion of any purchase.  We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.  If your order is canceled after your credit/debit card has been charged, we will refund the debited amount to your credit/debit card. In case that your order cannot be fulfilled as placed we will contact you to discuss how to proceed and substitutional products might be offered if an item is out of stock. Earlybird may request a pre-authorization for some orders placed online with a credit or debit card.  This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period.  Your card issuer determines the length of time the pre-authorization is held.  We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the products, as well as all shipping and handling charges and applicable taxes.  

Earlybird cannot confirm the price or availability of an item until after your order is placed.  Pricing or availability errors may occur on earlybird.ae The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.  Earlybird reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation from Earlybird. Earlybird will contact you for instructions or cancel your order and notify you of such cancellation.  

Promotional codes and offers are limited in nature and may expire or be discontinued with or without notice.  Promotional codes are void when the expiry date is reached.  Promotional codes may not be copied, sold, or otherwise transferred.  They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice.  We reserve the right in our discretion to impose conditions on the offering of any promotional code.

Promotional codes can be added to your Earlybird online order by entering the code at checkout.  To apply a Promotional code to your order, please select “Apply Discount Code” at “Review&Payments” in the checkout process.

We reserve the right to withdraw or cancel any Promotional Code at any time, either as a whole, or for specific goods or delivery areas.  If this happens, then the Promotional Codes may not be used for any orders placed after the date of withdrawal or cancellation.  We reserve the right to reject or cancel the use of a Promotional Code where fraud or misuse is suspected.  You will have no claim against Earlybird in connection with such rejection or cancellation of a Promotional Code.  Earlybird will not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any Promotional Code or any failure or inability of a customer to use a Promotional Code for any reason.

 

  1. Delivery

Products ordered or purchased by you will be delivered with the shipping method selected by you. Deliveries will happen to the shipping address stated in your order.  

If the shipping method “click&collect” was selected by you the goods will be ready in our warehouses for pick up by you one hour before the date/time stated by you.

For orders placed with our “regular” service the delivery will happen during our delivery hours. Earlybird cannot guarantee/commit to deliver at a specific time as the drivers have a fixed sequence to fulfil the deliveries.

For “priority” and “convenience” orders there might be events out of our control to fulfill the delivery in the given time frames. Please allow a margin of 30 minutes. It is in the sole discretion of Earlybird to reduce or waive the service fees if a delivery is late. Earlybird does not accept any liability to you out of late deliveries.

  1. Intellectual Property

Earlybird.ae and all materials, and all copyrights, trademarks and other intellectual property rights there (collectively, the “IPR”) are owned or controlled by or licensed to Earlybird, and are protected by international trademark, copyright, and other intellectual property laws.  Materials are licensed (not sold) to end users.  Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Earlybird to use earlybird.ae, you may access, view, download, and print the materials for your personal, non-commercial use only; provided, however, that you a) retain all copyright, trademark, or other proprietary designations contained on all Materials; b) do not modify or alter the Materials in any way; and c) do not provide or make available the materials to any third party in a commercial manner.  In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by Earlybird to use the earlybird.ae and apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use earlybird.ae and earlybird apps on a mobile device that you own or control, solely for your personal, non-commercial use.  If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the earlybird.ae.

No license, right, title, or interest at earlybird.ae or any materials is transferred to you as a result of your use of earlybird.ae or your accessing, viewing, downloading, or printing of the materials.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the materials or earlybird.ae.  earlybird.ae and materials may be used only as a personal shopping resource.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of earlybird.ae and the materials is strictly prohibited.  The compilation (meaning the collection, arrangement, and assembly) of earlybird.ae and materials is the exclusive property of Earlybird and is also protected by international copyright laws.

Earlybird.ae names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through earlybird.ae are trademarks of Early Bird Catering Services LLC, Dubai, UAE.  All other marks are the property of their respective companies.
 

 

  1. Privacy

You acknowledge that any personal information that you provide through earlybird.ae will be used by Earlybird in accordance with its Privacy Policy published on earlybird.ae. If you purchase a product or service sold on earlybird.ae by a Earlybird supplier, Earlybird may share certain information with that supplier to permit supplier, as applicable, to fulfill your order and/or provide customer service.  

To verify your identity and prevent fraud for the duration of the business relationship Earlybird will store your IP address with each order placed. See also our Privacy Policy to learn how Earlybird treats your data.

 

  1. Disclaimer of Warranties

The earlybird.ae site and all content, products services and functionality as well as other items included are provided by earlybird.ae on an “As is” and “as available” basis. Earlybird does not make any representations or warranties of any kind, express or implied as to the operation of earlybird.ae or the content, products, services, functionality or other items made available to you through earlybird.ae. To the fullest extend permissible by UAE law Earlybird disclaim all warranties, express or implied including implied warranties for any product or services offered on earlybird.ae. You acknowledge that to the fullest extend provided by UAE law your use of earlybird.ae is at your sole risk. This section does not limit the terms of any product warranty offered by the manufacturer of a product or service that is sold by earlybird.ae. This disclaimer constitutes an essential part of these Terms of Use. To the fullest extent permitted by applicable law, you assume full responsibility for your use of earlybird.ae and agree that any information you send or receive during your use of earlybird.ae may not be secure and may be intercepted or otherwise accessed by unauthorized parties. You agree that, to the fullest extent permitted by applicable law, Earlybird is not responsible for any loss or damage to your property or data that results from any data you access or download from earlybird.ae.   

 

  1. Limitation of Liability

You acknowledge and agree that to the fullest extent provided by UAE law Earlybird will not be liable to you or to any other person under any circumstances or under any legal or equitable theory whether in tort, contract, strict liability or otherwise for any indirectr special incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use earlybird.ae even if an authorized representative of Earlybird has been advised of or should have known the possibility of such damages. To the fullest extent provided by UAE law this disclaimer applies to any damages or injury arising from any failure of performance error omission interruption deletion defects delay in operation or transmission loss of profits loss of goodwill loss of data work stoppage accuracy of results computer failure or malfunction including viruses file corruption communication failure network or system outage as well as theft, destruction unauthorized access to, alteration of, loss of use of any record or data and any other tangible or intangible loss. Subject to the foregoing to the fullest extent provided by UAE law Earlybird will not be liable for any damages in excess of the fees paid by you in connection with your use of earlybird.ae. You specifically acknowledge and agree that to the fullest extent provided by UAE law Earlybird will not be liable for any defamatory offensive or illegal conduct of any shopper or other user of earlybird.ae

  1. Indemnification

You agree to defend at Earlybird’s sole discretion,  indemnify, and hold Earlybird harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of earlybird.ae or any breach by you of these Terms of Use.  Earlybird reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Earlybird if and as requested by Earlybird in the defense and settlement of such matter.
 

  1. Disputes & Arbitration; Applicable Law

Using or accessing earlybird.ae constitutes your acceptance of the following arbitration provision.

All disputes arising out of or related to these Terms of Use or any aspect of the relationship between you and Earlybird, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court. .

These Terms of Use will be governed by and construed under the laws of the United Arab Emirates.  

  1. Termination

The Terms of Use are effective unless and until terminated by either you or Earlybird.  You may terminate these Terms of Use at any time, provided that you discontinue any further use of earlybird.ae.  We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to earlybird.ae, if in our sole discretion you fail to comply with any term or provision of these Terms of Use.  Upon any termination of these Terms of Use by either you or Earlybird, you must promptly destroy all information and other content downloaded or otherwise obtained from earlybird.ae, as well as all copies of such content, whether made under these Terms of Use or otherwise.  The following sections will survive any termination of these Terms of Use: “Use of earlybird.ae”, “Third Party Sites,” “Placing an Order with Earlybird,” “Shipping and Delivery,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.
 

  1. General

These Terms of Use represent the complete agreement and understanding between you and Earlybird and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use.  These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Earlybird.  Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.  If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect.  The failure of Earlybird to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit Earlybird’s rights with respect to such breach or any subsequent breaches.  You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.  Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.”  Notices to you (including notices of changes to this these Terms of Use) may be made via posting to earlybird.ae or by e-mail or by regular mail.  Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 

  1. Contact Us

If you have any questions or comments, please contact us at by e-mail at info@earlybird.ae, by mail: Earlybird Catering Services LLC, PO Box 211467. Dubai, UAE, or by phone +971 4 338 70 90 (Saturday to Thursday from 8:00 a.m. to 9:00 p.m. , Fridays and on public holidays from 9:00 a.m. to 5:00p.m)

Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.