Terms & conditions

  • 1. Acceptance of Terms.

    These Terms of Use ("Terms") govern the access or use by you, an individual, from within the United Arab Emirates of applications, websites, content, products, and services (the "Services") provided through the Magneto application ("Magneto") and made available in the United Arab Emirates by Magneto Delivery Services LLC and its subsidiaries and affiliates (collectively, "Magneto") andUnited Arab of Emirates is our country of domicile. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to".

    • 1.1. Magneto and the Services are provided to you subject to this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using Magneto, the Services or our website located at www.magento.ae (the "Site"), you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity (and its affiliates, as the case may be) to this TOS, in which case the terms "you" or "your" shall refer to such entity (and its affiliates, as the case may be). If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use Magneto, the Services, or the Site.
    • 1.2. We reserve the right, at our sole discretion, to change or modify portions of this TOS at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new TOS.
    • 1.3. You may be required to register with Magneto in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services' registration form. Registration data and certain other information about you are governed by our Privacy Policy. Minors under the age of 18 shall are prohibited to register as a User of the services and are not allowed to transact or use the website.
    • 1.4. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree (a) immediately to notify Magneto of any unauthorized use of your password or account or any other breach of security, and (b) to the extent that you should properly exit from an active session, to ensure that you exit from your account at the end of each such session when accessing the Services. Magneto will not be liable for any loss or damage arising from your failure to comply with this section.
    • 1.5. All calls done by an employee from Magneto including but not limited to : "call center agents, drivers and account managers", can be monitored and recorded for record-keeping, training and quality-assurance purposes. These recording are the property of Magneto and will only be made available to a third party if so required by law. Your participation in a telephone conversation with any party mentioned above serves as express consent to be monitored or recorded.
    • 1.6. In addition, when using the Services, you will be subject to any additional terms applicable that may be presented to you from time to time, including, without limitation, the Privacy Policy as per clause 17 below. All such terms are hereby incorporated by reference into this TOS.
    • 1.7. Please make sure that your package is properly packaged and secured before handing it over. Magneto does not provide packing material to secure your items.
  • 2. Description of Services.

    The "Services" include
    (a) the Site,
    (b) Magneto's packaging and shipping services, and
    (c) Magneto's restaurant delivery services and
    (d) food online ordering services and
    (e) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content"). Any new features added to or augmenting the Services shall also automatically become subject to this TOS. Each of the Services have specific terms of service which are detailed below in section 17 this TOS.

  • 3. Mobile Services:

    The Services include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device,
    (ii) the ability to browse the Services and the Site from a mobile device and
    (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Magneto and other entities by SMS, MMS, text message, email or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Magneto account information to ensure that your messages are not sent to the person that acquires your old number.
  • 4. General Conditions/ Access and Use of the Services.

    • 4.1. Subject to the terms and conditions of this TOS, you may access and use the Services only for lawful purposes. All rights, title and interest in and to the Services and its components will remain with and belong exclusively to Magneto. You shall not
      (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise make the Services available to any third party, except as set forth in Section 11;
      (b) use the Services in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Services or its components or otherwise violates our AUP (as defined below), or
      (c) modify, adapt or hack the Services, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Magneto provides you or publishes in connection with the Services, and you shall promptly notify us if you learn of a security breach related to the Services.
    • 4.2. You may not tender for shipment any of the following prohibited items including, but not limited to: alcoholic beverages, firearms, hazardous materials, tobacco products, live animals as well as any other items that are prohibited by law, and such items will not be accepted. Magneto reserves the right, at its absolute discretion, to refuse any goods, without having to provide any reason therefor. Moreover, Magneto may decline to accept some goods depending on their size. We may inspect your shipment at any time and may permit government authorities to carry out such inspections as they may consider appropriate. We may also photograph items in your shipment for our internal use in order to provide the Services. We reserve the right to reject or suspend the carriage of any prohibited items or items that contain materials that may damage other shipments or that may constitute a risk to our equipment or employees or to those of our service providers.
    • 4.3. In addition to (and without limiting the generality of) the other terms and conditions of this TOS, you hereby agree to comply with Magneto's acceptable use policy ("AUP"), as described in this section. You will not use the Services to (or assist another person to): 1. Upload any content that
      (i) infringes any intellectual property or other proprietary rights of any party;
      (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships;
      (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
      (iv) poses or creates a privacy or security risk to any person;
      (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or
      (vi) in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Magneto or its users to any harm or liability of any type; 2. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or 3. Violate any applicable local, state, national or international law, or any regulations having the force of law; 4. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or 5. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.
    • 4.4. Any software that may be made available by Magneto in connection with the Services, including without limitation the bookmarklets or plug-ins, ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Magneto hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software solely in connection with the Services, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Services by any means other than through the interface that is provided by Magneto for use in accessing the Services. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Magneto or any third party is granted to you in connection with the Services.
    • 4.5. You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or store (hereafter "post(ing)") in connection with or relating to the Services ("Your Content"). You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. Magneto reserves the right to access your account in order to respond to your requests for technical support. By posting Your Content on or through the Services, you hereby do and shall grant Magneto a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Services and to improve Magneto's products and services, subject to the terms and conditions of this TOS and our Privacy Policy. Magneto has the right, but not the obligation, to monitor the Services, Content, or Your Content and to disclose your Your Content if required to do so by law or in the good faith belief that such action is necessary
      (i) to comply with a legal obligation,
      (ii) to protect and defend the rights or property of Magneto,
      (iii) to act in urgent circumstances to protect the personal safety of users of the Services or the public, or
      (iv) to protect against legal liability. You further agree that Magneto may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
    • 4.6. You understand that the operation of the Services, including Your Content, may be unencrypted and involve
      (a) transmissions over various networks;
      (b) changes to conform and adapt to technical requirements of connecting networks or devices and
      (c) transmission to Magneto's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Magneto will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
    • 4.7. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, browsers, modems, hardware, servers, software, operating system, networking, web servers and internet service (collectively, "Equipment"). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in Magneto's published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
    • 4.8. The failure of Magneto to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a binding contract enforceable against you in accordance with its terms, even though it is electronic and is not physically signed by you, and it governs your use of the Services and takes the place of any prior undertakings and commitments that you may have made.
    • 4.9. Subject to the terms hereof, Magneto may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
  • 5. Payment.

    • 5.1. To the extent the Services or any portion thereof is made available for any fee, you will be required to provide Magneto information regarding your credit card or other payment instrument. You represent and warrant to Magneto that such information is true and that you are authorized to use the payment instrument. 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 secured connection. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. When you arrange for shipment, all charges for the shipment and any additional fees payable to Magneto ("Charges") will be charged to the credit card or other payment instrument associated with your account. You hereby authorize Magneto to bill your payment instrument for Charges in accordance with this TOS. Except as otherwise agreed by the parties, all charges, fees, or surcharges shall be those in effect at the time of shipping or transaction, available either via email, on the Site or in-app. The applicable Charges will be based upon the characteristics of the shipment or transaction actually tendered to us. If you dispute any Charges you must let Magneto know within sixty (30) days after the date that Magneto bills your payment instrument, failing which you shall be deemed to have accepted the Charges. We reserve the right to change Magneto's rates. If Magneto does change any of its rates, Magneto will post the new rates with respect to the Services, effective as of the posting date. Your continued use of the Services after any price change becomes effective constitutes your agreement to pay the changed amount. The cardholder must retain a copy of transaction records and Merchant policies and rules.Refunds will be done only through the Original Mode of Payment.We accept payments online using Visa and MasterCard credit/debit card in AED currency.
  • 6. Social Networking Services.

    You may enable or log in to the Services via various online third party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Magneto's use, storage and disclosure of information related to you and your use of such services within Magneto (including your friend lists and the like), please see our Privacy Policy in clause 17. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Magneto shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services. In addition, Magneto is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Magneto is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Magneto enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

  • 7. Representations and Warranties.

    You represent and warrant to Magneto that
    (i) you have full power and authority to enter into this TOS;
    (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Magneto to perform its obligations) in connection with the Services without obtaining any further releases or consents;
    (iii) Your Content and other activities in connection with the Services, and Magneto's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and
    (iv) you are eighteen (18) years of age or older, or you are thirteen (13) years of age and older and have obtained the consent of your parent or guardian to use the Services.

  • 8. Termination.

    You have the right to terminate your account at any time by sending a cancellation request to support@Magneto.ae. Subject to earlier termination as provided below, Magneto may terminate your account and this TOS at any time by providing thirty (30) days' prior notice to the administrative email address associated with your account. In addition to any other remedies we may have, Magneto may also terminate this TOS upon thirty (30) days' notice (or ten (10) days in the case of nonpayment), if you breach any of the terms or conditions of this TOS. Also, Magneto may terminate this TOS immediately without notice if you violate any provision of the AUP, as determined in Magneto's sole reasonable discretion. Magneto reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof). Except as provided above, upon any termination of your account, Magneto may store all of Your Content on the Services (if any), or it may be permanently deleted by Magneto, in its sole discretion. If Magneto terminates your account without cause and you have signed up for a fee-bearing service, Magneto will refund the pro-rated, unearned portion of any amount that you have prepaid to Magneto for such Services. However, all accrued rights to payment shall survive termination of this TOS.
  • 9. Disclaimer of warranties

    The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Magneto or by third-party providers, or because of other causes beyond our reasonable control, but Magneto shall use reasonable efforts to provide advance notice on the Site or by email of any scheduled service disruption. HOWEVER, THE SERVICES, INCLUDING THE SITE, SOFTWARE AND CONTENT, AND ANY SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND MAGNETO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MAGNETO DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SOFTWARE, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM MAGNETO OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
  • 10. Limitation of liability.

    • 10.1. EXCEPT AS PROVIDED IN SECTION 13, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MAGNETO BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE LAST SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM, OR, IF NO FEES APPLY, FIVE HUNDRED UNITED ARAB EMIRATES DIRHAMS (AED 500.00). THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
  • 11. Indemnification.

    You shall defend, indemnify, and hold harmless Magneto from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Services. Magneto shall provide notice to you of any such claim, suit or demand. Magneto reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Magneto's defense of such matter.

  • 12. Reimbursement.

    Magneto always recommends that you have your own shipping insurance. However, subject to the terms below, Magneto will reimburse you for actual loss of or damage to any item (parcel, food or otherwise (collectively called "shipment")), while in Magneto's Possession (as defined below) up to a maximum reimbursement of AED 250 per shipment. However, for clarity, any reimbursement hereunder may not exceed the total value of the original shipment. For purposes hereof, an item shall be deemed to be in "Magneto's Possession" from the point Magneto collects the item from you until the item reaches the end destination via one of our mailing partners. Any insurance must be purchased separately from an insurance provider. If a shipment is lost or damaged while in Magneto's Possession, you may file a claim with Magneto for reimbursement. All claims must be initiated within [30 days] of the mailing date by contacting us at support@Magneto.ae where we will provide more details on how to file a claim. The original receipt of the shipping label and an image or photograph of the damaged item may be required when filing a claim. If the recipient accepts the shipment without noting any damage on the delivery record, we will assume the shipment was delivered in good condition. In order for us to consider a claim for damage, the contents, original shipping cartons, and packing must be available to us for inspection. Written documentation (such as a receipt) supporting the amount of a claim will also be required. All supporting documentation must be submitted within 30 days of claim initiation (60 days of mailing date) of the mailing date.

  • 14. Monetary Liability.

    Magneto hereby disclaims any liability with respect to any monetary instruments (including, without limitation, cash and cheques) that are collected or delivered on your or any other person's behalf, and will not under any circumstances be responsible for or make any reimbursement in the event of any loss of such instruments.

  • 15. Governing Law & Jurisdiction.

    You agree that this TOS, and any disputes or controversies arising in connection therewith, shall be governed by the laws of the United Arab Emirates, and that the courts of the United Arab Emirates shall be the sole competent authority for the resolution of any such dispute or controversy.

  • 16. Assignment.

    You may not assign this TOS without the prior written consent of Magneto, in which case, Magneto may charge a transfer fee. Magneto may assign or transfer this TOS, in whole or in part, without restriction.

  • 17. Services

    • (a) Magneto's packaging and shipping services

      • (i) Users are responsible for providing accurate and complete shipment information to Magneto, including service selected, number, weight, and dimensions of shipments. If any aspect of the shipment information is incomplete or incorrect as determined by Magneto in its sole discretion, Magneto may adjust Charges at any time. Magneto reserves the right to check the characteristics of the shipment and change the prices accordingly and unilaterally.
      • (ii) You may not remove or export from the UAE or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the UAE or any other applicable laws.
      • (iii)The pricing reflected in the mobile application of Magneto does not apply to all areas where Magneto operates. Indeed, there are certain areas considered "remote" by Magneto. These areas do not fall within our normal timing and regular pricing rules. For these areas, we do not have regular pickup and delivery timings and we follow a limited schedule. Requests to pickup or deliver from or to remote areas outside of our standard weekly times are priced on a case-by-case basis. Please contact us at support@Magneto.us to inquire about remote areas and about pricing.
      • (iv) Orders cancelled prior to assignment of a driver will not incur a cancellation fee. Orders cancelled post assignment of a driver will be charged the full delivery fee. Orders cancelled after pick up will be charged the full delivery fee and the items will be delivered to the Magneto offices, customers will be required to place a new order to get the item returned.
    • (b) Magneto's restaurant delivery services

      • (i) PURPOSE

        The purpose of our Service is to provide restaurants with an outsourced delivery service and improved engagement with their customers.

      • (ii) PAYMENT

        Any pricing facilitated for you through our payment services is subject to the TOS conditions.

      • (iii) OUR LIABILITY

        In the event that Magneto 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 Magneto's 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.

      • (c) Food online ordering services

      • (iv) PURPOSE

        The purpose of our Service is to provide a simple and convenient discounted service to you, linking you to the Partner Restaurant and menu of their choice and allowing you to order Meals from them. Magneto markets Meals on behalf of our Partner Restaurants, concludes orders on their behalf and delivers the Meals to you.
      • (v) SERVICE AVAILABILITY

        Magneto offers an ordering and delivery service from our Partner Restaurants throughout Dubai and elsewhere in the United Arab Emirates. 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.
      • (vi) ORDERS

        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 10 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. Magneto 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.
      • (vii) MEALS

        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 in the preparation of certain Meals. Please call our Partner Restaurant prior to ordering if you have an allergy. Magneto cannot guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.
      • (viii) AVAILABILITY AND DELIVERY

        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 and webpage. 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.
      • (ix) CANCELLATION

        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. Magneto and the Partner Restaurant may cancel any order and will tell you once we cancel an order. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Magneto or a Partner Restaurant will usually be reimbursed using the same method you used to pay for your order. Any order cancelled after it becomes a Started Order will be charged to you. Magneto alone will determine whether an order is a Started Order or not.
      • (x) PRICE AND PAYMENT

        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 credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Magneto and is subsequently passed on by Magneto to the Partner Restaurant. We are authorised 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. As a customer using our services you will be charged a service fee of AED 3 (three) per order placed.
      • (xi) OUR LIABILITY

        In the event that Magneto 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 Magneto's 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.
      • (xii) DISCOUNT TERMS & CONDITIONS

        All discounts are subject to change by the restaurant at any time but will at no time be less than 5%. Discounts advertised are those provided by the partner restaurant and not Magneto.
  • 18. Privacy Policy

    • (i) All credit/debit cards details and personally identifiable information will NOT be stored, sold, shared, rented or leased to any third parties.
    • (ii) The Website Policies and Terms & Conditions may be changed or updated occasionally to meet the requirements and standards. Therefore, the Customers' are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.
    • (iii) Some of the advertisements you see on the Site are selected and delivered by third parties, such as ad networks, advertising agencies, advertisers, and audience segment providers. These third parties may collect information about you and your online activities, either on the Site or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. Please remember that we do not have access to, or control over, the information these third parties may collect. The information practices of these third parties are not covered by this privacy policy.
  • 19. Delivery/Shipment Policy

    • (i) Magento and its services will NOT deal or provide any services or products to any of OFAC sanctions countries in accordance with the law of UAE.
    • (ii) Multiple shipments/delivery may result in multiple postings to the cardholder's monthly statement.
  • 20. Miscellaneous.

    If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Magneto in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Please contact us at support@Magneto.ae

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