ELMENUS, SAE

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY ELMENUS ("ELMENUS"), AN EGYPTIAN JOINT STOCK COMPANY. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE ELMENUS MOBILE APP OR WEBSITE AT HTTP://WWW.ELMENUS.COM (THE "SITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OFFERED BY ELMENUS (COLLECTIVELY WITH THE SITE, THE "SERVICE").

Acceptance of Terms.

By registering for and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate the Privacy Policy and all other operating rules, policies, and procedures that may be published from time to time on the Site by Elmenus, each of which is incorporated by reference and each of which may be updated by Elmenus from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Elmenus from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, and restaurants that have a page on the Service.

Access.

Subject to these Terms of Use, Elmenus may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Elmenus performs for you, any applications offered by Elmenus that you download from the Site or, subject to the terms set out under the "Third-party Sites and Services" section below, from third party application stores (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace) authorized by Elmenus, as well as the offering of any materials displayed or performed on or through the Services (including Content (as defined below)).

Registration and Eligibility.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Elmenus and represent, warrant, and covenant that you provide Elmenus with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Elmenus account. We recommend but do not require, that you use your own name as your User Name so your friends can recognize you more easily.

You shall not:

• create any account for anyone other than yourself without such person's permission;
• use a User Name that is the name of another person with the intent to impersonate that person;
• use a User Name or Elmenus account that is subject to any rights of a person other than you without appropriate authorization; or
• use a User Name that is a name that is otherwise offensive, vulgar or obscene, or otherwise unlawful.

Elmenus reserves the right to refuse registration of or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Elmenus password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Elmenus in writing of any unauthorized use of your account, or other account-related security breach of which you are aware.

You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. Elmenus may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules, and regulations applicable to you and the right to access the Service is revoked where these Terms of Use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way.

Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Elmenus cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, "shouts", videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Elmenus on or through the Service. Content added, created, uploaded, submitted, distributed, posted, or otherwise obtained through the Service by users, including Contervice in connection with users linking their accounts to third-party websites and services, is collectively referred to ent that is added to the Sas, "User Submissions."

Elmenus Content.

The Service contains Content specifically provided by elmenus or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Subject to these Terms of Use, elmenus grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution, or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from elmenus, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third-party right.

User Submissions.

We may use your User Submissions in a number of different ways in connection with the Site, Service, and elmenus’s business as elmenus may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant elmenus a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and elmenus (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Service, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Service and Third Party Media. For clarity, the foregoing license grant to elmenus does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with elmenus.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that elmenus will not be liable for any errors or omissions in any Content; and that elmenus cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service. Additionally, you shall abide by all applicable local, state, national, and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit, or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

• infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful, or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by elmenus in its sole discretion;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");
• other than appropriate use of an Add-to Link, involves commercial activities (whether or not for profit) and/or sales without elmenus's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• contains software viruses or any other computer codes, files, worms, logic bombs, or programs that are designed or intended to disrupt, disable, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of elmenus or any third party;
• impersonates any person or entity, including any employee or representative of elmenus;
• includes anyone's identification documents or sensitive financial information; or
• breaches the Privacy Policy, the House Rules and/or any of the other policies and rules incorporated herein.
• If the User Submission includes a photograph, elmenus's Photo Guidelines shall apply. elmenus has a zero-tolerance policy against child pornography and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
• You shall not (directly or indirectly):
• take any action that imposes or may impose (as determined by elmenus in its sole discretion) an unreasonable or disproportionately large load on elmenus's (or its third-party providers') infrastructure;
• interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
• bypass any measures elmenus may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service);
• run any form of auto-responder or "spam" on the Service;
• use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site;
• harvest or scrape any Content from the Service;
• modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site Content (other than your User Submissions), except as expressly authorized by elmenus;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction;
• copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
• otherwise take any action in violation of elmenus's guidelines and policies.

elmenus does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. elmenus has no obligation to monitor the Site, Service, Content, or User Submissions. However, elmenus reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if elmenus is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. elmenus also reserves the right to access, read, preserve, and disclose any information as elmenus reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of elmenus, its users and the public.

Warranty Disclaimer.

Save to the extent required by law, elmenus has no special relationship with or fiduciary duty to you. You acknowledge that elmenus has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release elmenus from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. elmenus makes no representations concerning any Content contained in or accessed through the Service, and elmenus will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.

You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.

THE SITE, SERVICE, CONTENT, AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

eLMENUS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT, AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.

You shall defend, indemnify, and hold harmless elmenus, its affiliates, and each of its and its affiliates' employees, contractors, directors, suppliers, and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other rights of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of elmenus). elmenus reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with elmenus in asserting any available defenses.

Integration and Severability.

These Terms of Use are the entire agreement between you and elmenus with respect to the Service and use of the Site, Service, Content, User Submissions, or Add-to Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and elmenus with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, elmenus must provide you with written notice of such waiver through one of its authorized representatives.

Modification of Terms of Use.

elmenus reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you a notice through the Service or via email. elmenus may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Miscellaneous.

elmenus shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond elmenus's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you and are not assignable, transferable, or sublicensable by you except with elmenus's prior written consent. elmenus may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Credit Card Payments.

Any dispute or claim arising out of or in connection with this website shall be governed and construed in accordance with the laws of Egypt.

Egypt is our country of domicile.

Minors under the age of 18 shall be prohibited to register as a User of this website and are not allowed to transact or use the website.

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 secure connection.

We accept payments online using Visa and MasterCard credit/debit cards in EGP (or any other agreed currencies).

Delivery & Service fees.

How do we calculate our service fees?

We are changing the way we calculate delivery fees and adding a service fee.

We are making these changes to improve the overall experience for our users. The new delivery fee calculation will be more transparent and will reflect the actual cost of delivering food to your location. The service fee will help us to improve the quality of the services provided by our app and provide you with the best possible experience.

What are the changes?

Delivery fees: Our delivery fees have been reduced and are based on the distance between you and the restaurant. It helps ensure we compensate our drivers fairly. Our ultimate goal is to offer you the best and most convenient experience

Service fees: We introduced service fees to help us improve our service for you and our drivers. The service fees will be 5% of the sub-total price of your order and will be applied before any discounts with a minimum of 3.99 EGP and capped at 22.49 EGP

The changes will take effect on [24/07/2023].

Calculation: The service fee is calculated as follows:

Service Fee = (Subtotal Amount * 5%)

Payment: The service fee is due at the time of order. You can pay the service fee using the same method that you used to pay for the food.

Changes: We reserve the right to change the service fee at any time. If we do change the service fee, we will notify you in advance clearly through the app.

Dispute Resolution: If you have any questions or concerns about the service fee, please contact us on our support chat. We will be happy to help you resolve any issues.

Refund Policy.

In case of refunds, elmenus is liable to refund the amount credited from your credit card in case the order has been rejected or canceled after the amount has been debited from your account.

In case you paid online for an order and received a wrong or a missing order, elmenus holds the right to compensate you into your elmenus account using a promo code with an amount at least equivalent to the defaulted items or with a correct order or with a refund to your credit card.

If your refund is approved, we will initiate a refund to your credit card within 1-2 working days.

You will receive your credit in your bank account within 5-45 working days, depending on your card’s issuer’s policy.

Refunds will be done only through the Original Mode of Payment.
You are the only responsible one for setting the delivery location, Elmenus shall not refund the amount of wrong-located orders.

Promotions.

You’re only allowed to use the permitted promos and you’re not allowed to game the system by using promos more than once (such as in the event of bugs) or create multiple accounts for the sake of using promos.

elmenus holds the right to reject orders from promo-abusing users and in some cases, elmenus may ban users from ordering through the platform.

elmenus may disable any promotion at its own discretion.

Promotions granted to specific users may not be shared with other users without elmenus explicitly publicizing the promotion to be shared with others.

Language.

Where elmenus has provided you with a translation of the English language version of these Terms of Use, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with elmenus.

If there is any contradiction between what the English language version of these Terms of Use says and what a translation says, then the English language version shall take precedence.

Contact.

kindly join the chat support for direct contact with us for a faster response
Or via mail: [email protected]

Effective Date: January 29, 2013