TERMS AND CONDITIONS
If you have any questions relating to these terms and conditions please contact firstname.lastname@example.org before you place an order. If you do not accept these terms and conditions in full please do not use our Service.
1. INFORMATION ABOUT US
2. Flashh Deals is a website and app operated by Flashh deals w.l.l ("we" or "us" or "Flashh"), incorporated and registered in the Kingdom of Bahrain under license No. 109990-1. Flashh is a business where the food is prepared by independent restaurants (our "Partner Restaurants") and delivered by either the Partner Restaurants or by US.
4. The purpose of our Service is to provide a simple and convenient service to you, linking you to the Partner Restaurant and menu of their choice and allowing you to order items or meals from them.
5. SERVICE AVAILABILITY
6. Flashh offers an ordering and delivery service from our Partner Restaurants throughout Bahrain . Each Partner Restaurant has a prescribed delivery area. This is to ensure that their Meals reach your door when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. We do not accept orders from individuals to an area in which we do not have a Partner Restaurant. Operating hours will vary depending on local trading conditions and the availability of our Partner Restaurants. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order to your chosen Partner Restaurant.
8. When you place an order through our Service, an email thanking you for your order and confirming your order has been received and accepted by the Partner Restaurant (the "Confirmation Email") will be sent to you by us on behalf of the Partner Restaurant. The contract for the supply of any Meal you order through us will be between you and the Partner Restaurant and will only be formed when you have been sent the Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive to the correct location. If you do not open the door or respond to telephonic correspondence within 5 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal. Flashh seeks to provide a quality service and will be the first contact in event in there is a problem with your Meal either in regards to food quality and/or temperature. We do monitor our Partner Restaurants very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Please let us know if you have any comments relating to our Partner Restaurants or in respect of the Meals by emailing or calling us.
10. All Meals are subject to availability. Your Partner Restaurant may offer an alternative for any Meal it cannot provide you with. Our Partner Restaurants may use nuts or Common Allergy Triggers food in the preparation of certain Meals. Please call our Partner Restaurant prior to ordering if you have an allergy. Flashh cannot guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.
11. AVAILABILITY AND DELIVERY
12. Our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your Meal is delivered by the time specified in the email, webpage and app. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant at that time,the average time, it is not a fixed time for the delivery, it would be more or less depends on restaurants and the roads conditions. On the other hand, the expected delivery time is not fixed time it can be less or more for 15 minutes.
14. You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. A Partner Restaurant will classify a bad order as any order which is cancelled after food has been used to start preparing the order (a "Started Order"). Customers can cancel an order by contacting the Partner Restaurant. Flashh and the Partner Restaurant may cancel any order and will tell you once we cancel an order and will tell you the reason of cancellation. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Flashh or a Partner Restaurant will usually be reimbursed using the same method you used to pay for your order and if the payment was not cash the refund will be within Seven working days. Any order cancelled after it becomes a Started Order will be charged to you. Flashh alone will determine whether an order is a Started Order or not.
15. PRICE AND PAYMENT
16. The price of any Meals will be listed on our Service. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Meals listed on our Service may be incorrectly priced. The relevant Partner Restaurant will normally verify prices as part of the order process. Payment for all Meals can be made by cash on delivery or credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorized and the amount marked for payment. Payment is made directly to Flashh and is subsequently passed on by Flashh to the Partner Restaurant. We are authorized by our Partner Restaurants to accept payment on their behalf and payment of the price of any Meals to us will discharge your obligations to pay such price to the Partner Restaurant.
◦ All coupons are one-time use only.
◦ Applicable for All restaurants (unless otherwise stated)
◦ Coupon amount does not include delivery charge (unless otherwise stated)
◦ Not redeemable for cash or credit.
◦ Cancelled orders paid with coupons cannot be redeemed for credit or cash
◦ Cancelled orders paid with coupons cannot be redeemed for credit or cash
◦ Only one code can be used per order.
◦ Minimum order for free delivery coupon is to be determined based on the coupons.
◦ Coupon validity is limited and differs for each coupon.
◦ Coupon codes cannot be redeemed against sale items.
◦ If a user did not redeem full amount of the coupon, same coupon cannot be used again to redeem remaining amount.
◦ Flashh reserves the right to cancel or modify any order, or revoke the use of Coupons for any reason, including due to: Suspicious or fraudulent purchasing activity or coupon use; coupon abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or coupon used in bad faith (including resold Vouchers )
18. Debit Card Saving
19. If as a Debit card user, you select to save your Debit card user data, your data will be cached locally on your device. You have the option to accept or decline to save your data in this manner. Whenever you update your data, your cached data will be updated automatically. At any time you can disable this feature and remove your data through your profile settings. Where you have selected to save your data as specified above, such selection is entirely at your own risk and you irrevocably waive any rights you may have under any laws regulations or otherwise, now or in the future to make any claims, demands or take any actions against us, our employees, agents, affiliates, or contractors (together the Releasees) in connection to your data including (without limitation) any claims demands or actions for any accessing, theft, processing or tampering with the data. You also agree to hold harmless and indemnify each and every one of the Releasees from and against any claims of whatsoever nature and howsoever arising, including legal expenses and costs, which may be made now or in the future against them by you and/or any other party, in connection with any of the matters recited above.
20. OUR LIABILITY
21. To the extent permitted by law, Flashh provides our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Flashh nor any Partner Restaurant shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Flashh or the Partner Restaurant is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order. This does not include or limit in any way Flashh or any Partner Restaurant's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.
22. EVENTS OUTSIDE OUR CONTROL
23. No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 10 shall excuse the Customer from any payment obligations under this Agreement.
25. Neither you, Flashh nor the Partner Restaurant shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.
27. If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
28. ENTIRE AGREEMENT
29. These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
30. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
32. LAW AND JURISDICTION
Kingdom of Bahrain courts will have
jurisdiction over any claim arising from, or related to, any use of our
connection with them or their subject matter or formation (including
non-contractual disputes or claims) shall be governed by and construed in
accordance with the law of Kingdom of Bahrain.
1. ACCESSING OUR SERVICE OR OUR SERVICES
2. Access to our Site and to our Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Site or our Service, or our entire Site or Service to users who have registered with us. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your account. If you have any concerns about your login details or think they have been misused, you should contact email@example.com straight away to let us know. We can deactivate your account at any time.
3. ACCEPTABLE USE
4. You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.
5. INTERACTIVE FEATURES OF OUR SITE
7. CONTENT STANDARDS
8. These content standards apply to any and all material which you contribute to our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in Kingdom of Bahrain and in any country from which they are posted. Contributions must not:
◦ contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability or age;
◦ infringe any copyright, database right or trademark of any other person;
◦ be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidentiality or promote any illegal activity;
◦ be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
◦ be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
◦ advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
9. SUSPENSION AND TERMINATION
◦ immediate, temporary or permanent withdrawal of your right to use our Service;
◦ immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
◦ issuing of a warning to you;
◦ legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
◦ disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
11. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.
12. INTELLECTUAL PROPERTY RIGHTS
13. We are the owners of or the licensee of all intellectual property rights in our Site, application and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.
14. RELIANCE ON INFORMATION POSTED
15. Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.
16. OUR SITE AND OUR SERVICE CHANGE REGULARLY
17. We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.
18. OUR LIABILITY
19. We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we 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 Site, our Service, and any website linked to our Site and any materials posted on it. This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
20. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND USE OF OUR SERVICE
22. UPLOADING MATERIAL TO OUR SITE AND OUR SERVICE
23. Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free license to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.
24. LINKS FROM OUR SITE
25. Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
26. JURISDICTION AND APPLICABLE LAW
30. YOUR CONCERNS
If you have any concerns about material which
appears on our Service, .
we are a mediator between the customer and the restaurant, we are not a restaurant to be under the law of the ministry of commerce & will charge for delivering the order to your place with the best service or charge on behalf of the restaurant a delivery charge.
MISSING ITEM OR PARTIAL CANCELLATION
In case of receiving an order with a missing item, the customer has the right to ask for a new item or the amount of the item to be back to the customer in these ways:
1. In case the customer placed an order by cash
and there was a missing item, and the customer refused to accept the item again
and they want the cash back, Customer can get the money of the missing item
back by as Credits on the application.
2. In case the payment was debit or Credit card
and the customer refused to accept the item again, it’s not possible to refund
the money back to the card, we don’t return the amount of the missing item by
cash also, and we only can return the amount as customer credits on the app as
this an electronic standard method by us.
If there is item(s) not available at restaurant we can remove the item(s) from the total invoice & In case the payment was debit or Credit card it’s not possible to refund the money back to the card, we don’t return the amount of that item(s) by cash, we only can return the amount as Customer credits on the app as this is an electronic method.
Debit card PAYMENT CUSTOMER IS NOT REACHABLE
In this special case when the driver reaches to the customer on time without any delays, The driver calls the customer many times, Customer care agents will also try to call but customer is unreachable in this case the driver will wait for 10 minutes from arrival at customer, If the customer is still unreachable the food will be returned back to the restaurant and it will be as a delivered order (Normal order), no refund for the customer as it is his/her mistake.
Subscription (Flashh plus – Terms and Conditions)
These T&Cs apply to you if you subscribe to
Flashh plus. These do not replace the Terms and Conditions of Service for your
Flashh account, which will continue to apply to the extent of these T&C
vary them. Due to the fact that these T&Cs are long and time consuming to
go through, you can contact us and we’re happy to answer any inquiry you have!
Any response you get on your inquiry from Flashh team should not be used as a substitute for reading the Flashh plus Terms and Conditions.
1. Flashh plus
What is it?
Flashh plus, is a subscription base program that allows users to subscribe to receive unlimited free delivery on orders through our Service, Flashh plus users will receive a special deals dedicated to subscribed users.
Subscribers to Flashh plus will receive unlimited free delivery on all orders placed.
Dedicated deals for Flashh plus users
Special prices on all deals
2. Eligible Users
To qualify as an Eligible User for a Flashh
plus subscription, you must meet the following criteria both at the time you
sign up for a Flashh plus account and at all times during your Flashh plus
• be 18 years of age or over
• Have a valid and active flashh deals account; sign up to Flashh plus on your personal account.
• agree to not share your flashh account to any other user and not share your flashh account details with any third party at any time during your flashh plus subscription
• have a valid credit or debit card that is not already used to pay
If you do not meet these criteria, you will not
be eligible for a flashh plus subscription. You will be deemed to be in
violation of the terms set out in this paragraph if, at any time during your
Flashh plus subscription, you do not comply with any of the above criteria. If
Flashh becomes aware that you are in violation of the terms set out in this
paragraph, Flashh may (in its sole discretion) immediately suspend or terminate
your Flashh plus subscription (along with any other steps Flashh is entitled to
take in accordance with the Terms and Conditions of Service for your Flashh account).
If it has been determined by Flashh that you do not comply with the above
criteria, but you believe that you do, you should contact the Customer Services
Team by emailing firstname.lastname@example.org
3. To Sign Up
• Either sign up using the website signup page or directly through the application or any authorized flashh plus reseller.
4. Payment ,Billing and services
Payment for flashh plus must be made by a credit, debit cards or coupon code on your profile through our Service ("Payment Method or coupon code”), when you sign up, you will be notified as to which Payment Method will be charged within the applicable.
If payment of the Flashh plus Fee is not successfully settled, due to expiration of your Payment Method, insufficient funds or otherwise, and you do not edit the Payment Method information within 24 hours of being notified of a failed payment, or you cancel your account in accordance with these terms and conditions, Flashh will cancel your Flashh plus subscription effective immediately and you will no longer receive the flashh plus service.
If we cannot charge you, we reserve the right, but are not obligated, to terminate your access to our Service or any portion of it.
By starting flashh plus, you authorize us to charge you for a recurring monthly flashh plus Fee at the current applicable rate within 24 hours of the first day of each flashh plus Subscription Period, provided that you will not be charged any amounts for the provision of the flashh plus service during the Free Period, or if you cancel within the Cooling-Off Period set out below. You acknowledge that any flashh plus Fee billed to you may vary for reasons that may include differing amounts due to promotional offers and you authorize us to charge your Payment Method for varying amounts.
Flashh plus Fees are non-refundable, Once the payment has been placed, you will not be able to refund it, and will be entitled to the entire month of service from (“Start date”).
We reserve the right to adjust pricing of your FLASHH PLUS subscription at any time. In case of any price change in the future, your subscription will be terminated at the end of your subscription period and you can re-subscribe to flashh plus with the new pricing.
7. Managing Your flashh plus Account
All information relating to your flashh plus
membership will be contained in the “My Account” section of your profile under “flashh
plus tab”. From here, you will be able to view the remaining time on your Period,
cancel your flashh plus membership and update your Payment Method.
Cancellation of flashh plus: You may cancel your flashh plus
subscription at any time. Following cancellation, you will continue to receive
the flashh plus service for the duration of your current flashh plus
Subscription Period. If you cancel a free, the flashh plus benefits will cease
Exercising Your Right to Cancel: To exercise the right to cancel under
this section, you must inform our Customer Support Team by email (at
email@example.com) of your decision to cancel your flashh plus membership by
Accidental Cancellation: If you accidentally unsubscribe your
flashh plus membership during your subscription period and wish to continue
with it, a re-subscribe button will appear which will allow you to continue
using your subscription.
9. Termination Or Modification
You agree that flashh, at its sole discretion,
may terminate, deactivate and/or suspend any account (or part thereof) you may
have with us or use of the Service and remove and discard all or part of your
account and/or discontinue, modify or alter any aspect, feature or policy of
the Service or flashh plus.
10. Free / Limited Time Trial Offers
Offers Availability: From time to time, we may offer a no payment,
fixed period, of our flashh plus membership. Terms and Conditions shall apply
for each offer. At the end of the period, you shall be required to pay the
flashh plus Fees. If you do not want to automatically pay the flashh plus Fee
you must cancel your subscription. You can cancel the offer at any time before
the expiry of the period
Eligibility: We reserve the right, in our absolute discretion, to
determine your eligibility for the and to limit your use of the offer. In order
to participate in the offer you will need to provide us with a valid mobile
phone number, that is a currently active user of a flashh account. By providing
this number you consent to us to possibly send you a one-time verification code
which you will be asked to provide back to us as part of the registration
process and in order to activate the offer. If you do not have a valid mobile
phone number you will not be able to participate in our offer. If the phone
number is an inactive you will not be able to participate in out free period.
Please note that while we do not charge you for the SMS, your mobile standard
messaging rates may apply. We may use your mobile phone number for other
Accidental Cancellation: A
offer may only be used once. Please note that if you accidentally cancel your
free offer before it is due to expire during the relevant period you will be
deemed to have completed the free offer and you shall not be eligible to
participate in another free. We reserve the right, in our absolute discretion,
to withdraw or to modify our free offer at any time without prior notice and