Terms and Conditions
Last revised: July 22, 2019
Coffee Craft may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.
In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control
2. Limited License
3. Eligibility; Account Registration; Site Access
THE SITE IS NOT INTENDED FOR USE BY PERSONS OUTSIDE THE UNITED ARAB EMIRATES OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY COFFEE CRAFT.
You may register to use the Site by verified email address or by connecting through Facebook. By registering through a Facebook account, you represent and warrant that such account is yours and you have all right to provide us with the information in such account according to the terms and conditions of those services. You agree to immediately notify us of any unauthorized use of your account. You are fully and solely responsible for the security of your computer system, mobile device and all activity on your account, even if you were not aware of or did not authorize such activities. Coffee Craft will not be liable for any losses or damage arising from unauthorized use of the Site, and you agree to indemnify and hold Coffee Craft harmless for any improper or illegal use of the Site, and any charges and taxes incurred, unless you have notified us via e-mail at firstname.lastname@example.org that your account has been compromised. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
You agree that the information you provide to Coffee Craft on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times, that you are 18 years of age or older and your use of the Site does not violate any applicable law or regulation or any obligation.
4. Termination by Coffee Craft
If Coffee Craft believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal or inappropriate use of the Site.
You may request termination of your Coffee Craft account at any time and for any reason by sending an email to email@example.com. Any suspension, termination, or cancellation shall not affect your obligations to Coffee Craft and its licenses under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
6. Prohibited Conduct
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
- Harass, threaten, stalk, disrupt or defraud users, members or staff of Coffee Craft or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
- Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account or signing up for more than one account;
- Share Coffee Craft passwords with any third party or encourage any other user to do so;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
- Upload material (e.g. virus) that is damaging to computer systems or data of Coffee Craft or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
- Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
- Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
- Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
- Link to, mirror or frame any portion of the Site;
- Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
- Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. Violations of system or network security may result in civil or criminal liability. Coffee Craft will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
- Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.
Coffee Craft reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
7. Ownership; Proprietary Rights
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Coffee Craft. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. You agree that you are responsible for maintaining the confidentiality of your account.
8. Third-Party Sites, Products And Services; Links
Coffee Craft makes no representations whatsoever about any other website that you may access through this Site. When you access a non- Coffee Craft website, please understand that it is independent from Coffee Craft, and that Coffee Craft has no control over the content on that website. In addition, a link to a non- Coffee Craft website does not mean that Coffee Craft endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk. YOU AGREE THAT COFFEE CRAFT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
9. Disclaimers; No Warranties
COFFEE CRAFT DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. COFFEE CRAFT DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. COFFEE CRAFT DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
UNDER NO CIRCUMSTANCES SHALL COFFEE CRAFT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE ITE, FROM ANY CONTENT POSTED ON OR THROUGH THE SITE, OR FROM THE CONDUCT OF ANY USERS OF THE SITE, WHETHER ONLINE OR OFFLINE
WARRANTIES RELATING TO ANY PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY COFFEE CRAFT ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
10. Accuracy and Integrity of Information
Although Coffee Craft attempts to ensure the integrity and accuracy of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Coffee Craft so that it can be corrected. Coffee Craft reserves the right to unilaterally correct any inaccuracies on the Site without notice. Information contained on the Site may be changed or updated without notice. Additionally, Coffee Craft shall have no responsibility or liability for information or Content posted to the Site from any non-Coffee Craft affiliated third party.
You agree to indemnify, defend, and hold harmless Coffee Craft and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site, including, without limitation, provision of services in connection with the Site shall be in compliance with all applicable laws, regulations and guidelines.
12. Limitation of Liability Regarding Use of Site
COFFEE CRAFT AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF COFFEE CRAFT TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS AED 700 (SEVEN HUNDRED DIRHAMS).
13. App Stores: Apple App Store & Google Play
The following terms apply if you purchased a copy of the Site through the Apple App Store. Apple is not responsible for addressing any claims related to the Site, including, but not limited to: (i) product liability claims; (ii) any claim that the Site fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) claims that the Site infringes the intellectual property rights of any third party. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Site, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
14. Dispute Resolution
Generally, if a dispute arises between Coffee Craft and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Coffee Craft agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any cause of action against Coffee Craft must be brought within one (1) year of the date such cause of action arose.
Choice of Law; Forum:
These Terms shall be governed in all respects by the laws of Abu Dhabi Global Markets (“ADGM”), without regard to conflict of law provisions. You agree that any claim or dispute you may have against Coffee Craft must be resolved by an ADGM court located in the United Arab Emirates, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the ADGM for the purpose of litigating all such claims or disputes.
15. Revisions; General
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
United Arab Emirates is our Country of Domicile. Coffee Craft controls this Site from the U.A.E. Coffee Craft makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
The displayed price will be the same price charged to the Card and printed on the Transaction Receipt. Once the transaction is completed (i.e. payment is made), the confirmation notice will be sent to the client via email within 24 hours of receipt.
Office Foreign Assets Control (OFAC) Sanctioned Countries
Coffee Craft will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific
User Generated Content, Reviews, Feedback and other Postings to the Site
If you submit, upload or post any comments, ideas, suggestions, information or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Coffee Craft that you have the legal right and authorization to provide all User Generated Content to Coffee Craft for the purposes and Coffee Craft’s use as set forth herein. Coffee Craft shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content in whatever manner Coffee Craft desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Coffee Craft is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Coffee Craft does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Coffee Craft the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Coffee Craft and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Coffee Craft harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Coffee Craft arising out of any User Generated Content you post or allow to be posted to the Site.
Representations By You
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to Coffee Craft through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by Coffee Craft to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by Coffee Craft to do so. The content and software on this Site is the property of Coffee Craft. The cardholder must retain a copy of transaction records and Merchant policies and rules.
No Commercial Use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain Coffee Craft prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Coffee Craft will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
Coffee Craft may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
You acknowledge and agree that Coffee Craft will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At Coffee Craft’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to Coffee Craft or perfect these rights, titles or interests in Coffee Craft’s name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. Coffee Craft MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. Coffee Craft ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. Coffee Craft SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF Coffee Craft HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF Coffee Craft WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
By providing materials to Coffee Craft, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted Coffee Craft an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. Coffee Craft may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against Coffee Craft for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to Coffee Craft. Any communication or materials you send to Coffee Craft will be treated as non- confidential and non-proprietary and may be disseminated or used by Coffee Craft for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. Coffee Craft is not responsible for the acts or omissions of any advertiser or sponsor.