Terms and Conditions of Use

Welcome to our online mobile application (Asmaky), whereas this page has been designed to guide you with the terms and conditions of using our application and what our partners do to provide you with their products through our application which is available on the Apple and Android stores. Kindly read all of the terms and conditions carefully before ordering any products from our app. Using our application and placing an order indicates that you will be completely committed to follow our company’s terms and conditions, and our policy.

If you have any questions regarding our terms and conditions, kindly contact us on the following email Asmaky.ae@gmail.com before placing an order. If you do not fully accept our company’s terms and conditions, please do not use our service.

1-INFORMATION ABOUT OUR COMPANY (ASMAKY APPLICATION)

Asmaky is an online mobile application that is managed by ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C, it was established and registered in the department of economic development in Abu Dhabi, United Arab Emirates.

2-TERMS OF ACCESS TO OUR SERVICES

Our application is designed in a way that allows you to easily access all of our services and receive your order rapidly. In addition, we have the right to withdraw or modify access to our App or Service without former notice. We will not handle any responsibility at any time If our application or service is not available. We may restrict accessing some or all parts of our application and services for the users who have registered in our App. You are responsible of maintaining the confidentiality of your login details and any activities that occur while using your account. If you have any concerns regarding your login details or you believe that they have been misused, Kindly contact us immediately on Asmaky.ae@gmail.com to deactivate your account.

3-ACCEPTABLE USE

You may only use our application for the purpose of registering in our App and obtaining your orders through our services. You may not use our App or Service in any way that violates any applicable local or international laws or regulations. You may not send, upload, or download, use or reuse any material that does not comply with our content standards in paragraph 6 mentioned below. You also agree to not access any part of our application or services or any electronic network and equipment used in presenting our services without permission or interfere with, damage or disable any part of our application.

4-INTERACTIVE FEATURES FOR OUR APP

We may offer features that allow you to interact with us through our Application and services from time to time, as well as providing you a way to contact our admin in the event of facing any worries or difficulties.

5-OUR APPLICATION AND SERVICES REGULAR CHANGES

We aim to maintain our App and services updated regularly. Therefore, we may change our content at any time. If necessary, we may suspend or stop access to our App and Service to an indefinite period of time. Some of the present details on our App or Services may be out of date at any given time, we aren’t under any obligation to update these details.

6-CONTENT STANDARDS

These content standards are applied to all of the products and services that are offered by our application or any interactive services related to it. Therefore, after registering with our application and benefiting from our services, you should apply all of these standards and avoid taking any actions that contradicts with its publication as follows:

1. Must not contain any material that is defamatory to any person, obscene, offensive, hateful or enticing or promoting any sexually explicit material, violence, or encourages discrimination based on race, sex, religion, nationality, disability, or age.
2. Must not infringe any copyright, database right, or trademark of any other person.
3. Must not deceive or violate any legal duty owed to a third party, such as the contractual duty, duty of confidentiality, and the duty of avoiding to promote for any illegal activity.
4. Must not contain any threatening, or abuse, or violation of others privacy, or causing any annoyance, unneeded worries, or likely to cause any embarrassment.
5. Must not be used to impersonate any person, distort your identity, or your belonging to a person, or calling, promoting, and helping spread illegal acts such as copyright infringement or computer misuse.

7-SUSPENSION OR TERMINATION OR EXPIRATION

Failure to comply with section 3 (Acceptable Use) and/or 6 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

1. Immediate, temporary or permanent withdrawal from the use of our services.
2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our services application.
3. Issuing you a warning.
4. Taking legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5. Disclosure of such information to law enforcement authorities to impose reasonable and penalties and fees.

The procedures and conditions specified in this paragraph are not limited, and we may take any other measures that we find appropriate.

8-SERVICES AVAILABILITY

ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C offers an ordering and delivering service from our partners in all over the emirate of Abu Dhabi. Every partner has a prescribed delivery area. This is to ensure that their products reach to their customers with high quality. If you live outside the delivery areas, a message will appear on screen to notify you that ordering online through our App will not be possible.

Working hours will vary depending on local trading conditions and the availability of our partner.

Our aim is to provide the best services possible. 

Unfortunately, things don’t always go as planned, some factors and obstacles such as traffic conditions and weather may prevent us from achieving our targets. We will do our best to ensure delivering your orders in the specified timing that is mentioned on our email and application. The timing of your order is determined by considering the number of orders and the circumstances being faced by the Partner at that time.

Delivering time that appears on the partner’s store logo interface as average of 45 minutes for example, means that it’s the average time of the delivery and it is not a fixed time because the delivery time may be more or less depending on partners and the traffic conditions. 

9-ORDERS

When you place an order through our application-services, the order gets accepted by the partner through our application. The contract for the supply of any product you order through us will be between you and the partner, and will only be formed when you have been sent a confirmation email by us.  Kindly ensure that you have given us a correct email address because this is the way we’ll be contacting you regarding your orders. Please also ensure that you provide an accurate address and telephone number to ensure that your order arrives at the correct location. If you did not communicate or respond to our driver’s telephone calls within 5 minutes since his arrival to the actual registered address, we reserve our right to leave the building and you will be charged for the product.

ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C seeks to provide quality services and will be the first to contact in the event where you are facing an issue with your order. We monitor our partners very closely and it is very important to us that they comply with our standards and help us maintain our reputation. Kindly let us know if you have any comments related to our partners or in respect of the orders by emailing us.

10-DELIVERY PROCEDURES

1. Asmaky’s application works on delivering your order within your specific location range, it may vary from a delivery area to another as we’ve referred to in section 8 in the above. The area delivering ranges are determined based on your location details that you enter and the application represents to you all of the nearby partners that are close to your location. Delivery areas may expand or change depending on various circumstances such as the weather, traffic, force majeure and so on.
2. Our company offers delivery services in all areas of Abu Dhabi and its suburbs.
3. Asmaky’s application will deliver your order to the delivery address that you registered with the app, the order tracking process will appear on the application. Delivery timings may vary depending on order quantity, distance, peak periods, (weather conditions, traffic, etc.)
4. To avoid any unsuccessful order deliveries, please make sure to personally be available in the delivery location or to send someone on your behalf to receive your order.

Wrong Order, Missing Order, Defective Items

If you discover that there are any issues with your order upon receiving it such as (wrong order, defective order, or missing items), Please contact us through our email which is specified for our Asmaky application. We may request in some cases for photographic proof and/or additional information to properly investigate the issue with your order. If we found that the order you received isn’t in a good condition/quality, we will try to solve the problem via email.

Contactless Delivery

Asmaky’s mobile application offers multiple delivery options, one of the options is that the customer may select (for some of the offered goods) contactless delivery (the delivery of the order to the front door of a specified delivery address without face-to-face interaction for instance). Asmaky application shall not be liable for theft, damage, contamination and/or other deterioration of the goods that occur after delivery has taken place.

Unsuccessful or Failed Deliveries

Without prejudice to any other clauses in these Terms, in cases where we attempt to deliver an Order but we are unable to do so due to the reasons caused by you, including but not limited to:

1. Nobody was present or available to receive the order.
2. Customer was uncontactable despite multiple attempts to reach the customer via the phone number provided.
3. Lack of appropriate or sufficient access to deliver the order successfully.
4. Lack of a suitable or safe place to leave the order.

You will be contacted via email to be informed about the unsuccessful delivery and the next steps to fix this issue. In such cases, Asmaky reserves its right to cancel the order without any refund or remedy to you.

11-ORDER CANCELLATION

You can cancel an order during a reasonable period of time and before the order starts being prepared.

Any order that gets canceled by the customer after being prepared won’t be refunded.

Your order can be canceled by ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C or by the partner. In the event of a cancellation, you will be informed, and you can try ordering from the same Partner again in a few minutes or ordering from another Partner. You will not be charged for any orders cancelled by ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C or the partner in accordance with this clause.

Any payment made prior to an order being cancelled by ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C or a Partner will usually be returned using the same method you used to pay for your order and if the payment was not cash, amount will be refunded depending on the customer’s type of bank.

ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C alone will determine whether an order is an accepted order or not.

12-PRICE AND PAYMENT

All of the prices of any order will be listed in our services, prices will differ from one menu to another. Prices are liable to be changed at any time, but changes won’t affect the orders that have already been placed. In case of an obvious pricing mistake, we will notify you as soon as possible about the pricing issue.

You may be able to cancel your order once you have been notified by us. Despite our efforts to do our best, some of the orders that are listed on our services may be priced incorrectly. Therefore, the relevant partner will verify the prices as part of the order’s process. All payments of orders can be made by cash on delivery or credit/debit card through our services.

Once your order has been confirmed, your credit/debit card or discount and amount marked for payment will become authorized. Payment is made directly to ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C and is subsequently passed on by ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C to the partner. We are authorized by our partners to accept payments on behalf of them, any amount money that is paid to us for an order will discharge your obligations to pay such price to the partner.

13-SERVICE FEES

ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C is an intermediary between the customer and the partner, not a shop that sells fresh fish or a restaurant subject to the regulations of the U.A.E. We charge you the customer for the services that we provide.

Please be aware that our service fees may be increased or decreased at any time.

14-REFUND

ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C takes customer’s satisfaction very seriously. If you have any problem with your order, kindly contact ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C via email, and we will assist you. If you have already been billed by ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C, ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C will issue full or partial refunds, as deemed appropriate and determined solely by us. The amount will be refunded as credit in Asmaky’s application. However, if you paid by your credit card and wish to have the credit refunded to your card, please inform us immediately. Kindly note that the refunded credit to you through Asmaky’s application will expire within three hundred and sixty-five days (365) days of the date in which the credit was refunded.

15-COUPONS

1. All coupons can be used for one time only.
2. Applicable for all restaurants and shops (unless otherwise stated).
3. Coupon amount doesn’t include delivery charges (unless otherwise stated).
4. Can’t be redeemed for cash or credit.
5. Cancelled orders that are paid with coupons can’t be redeemed for credit and cash.
6. Only one code can be used for each order.
7. Coupon validity is limited and differs from one to another.
8. Coupon codes cannot be redeemed against sale items.
9. If the user didn’t redeem the full amount of the coupon, the same coupon can’t be used again to redeem the remaining amount.
10. ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C reserves its right to cancel or modify any order, or revoke the use of coupons for any reason such as, suspicious or fraudulent purchasing activity or coupon use, coupon being misused which includes using multiple accounts or multiple checkouts associated with the same customer or group of customers, or coupon used with bad intentions (such as reselling the coupons).

16-PAYMENT DATA POLICY

If you are a debit card user and you choose to save your debit card data, your data will be temporarily cached 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. You can disable this feature and remove your data through your profile settings at any time. If you choose to keep your data saved as specified above, this selection is entirely at your own risk and you irreversibly 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 legal actions against us, our employees, agents, affiliates, or contractors (for example without limitation) any claims demand or actions for any accessing, theft, processing or tampering with the data. 

17-INTELLECTUAL PROPERTY RIGHTS

We are the owners of or the licensee of all intellectual property rights in our application and our services and in the material published on it (excluding your Contributions). These works are protected by copyright laws and treaties all around the world.  All these 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 application in any way except for your own personal, non-commercial use.

18-RELIANCE OF POSTED INFORMATION

Comments and other materials posted on our services are not intended to reach the limit of advice on which reliance should be placed. Therefore, we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Services, or by anyone who may be informed of any of its contents.

19-OUR LIABILITY

To the extent permitted by law, ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C provides our Services and content on an "as-is" and "as available" basis and we do not present a pledge or warranty of any kind, expressed or implied, regarding the content or availability of our services or that it will be timely or error-free or that the defects will be corrected. According to what’s mentioned below, neither ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C nor any partners 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 services.

Therefore, our liability is limited to the purchase price of the product you paid for your or, this doesn’t include or limit in any way any liability, ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C and all of its partners is reticent about any illegal matters, result of negligence or fraud or fraudulent misrepresentation for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury.

There are some partners that hold the same role as ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C since their responsibility is solely acting as an intermediary between the customer and the products in exchange only for the delivery fee, without any liability to the entity of origin as it relates to the delivery. For your knowledge, ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C   is only an intermediary and it’s not responsible for the preparation of goods or products.

Therefore, if you suffer from any allergy, ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C   cannot guarantee that any of the Meals sold by our Partners are free of allergens.

Disclaimer

Information, content, products, services, materials that are offered on our application can be issued either by Asmaky’s application behalf, from your side, other users, other affiliates or third parties.

ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C disclaims its liability against any pledges, explicit or implicit guarantees, including for example and not limited to guarantying to ensure marketability and its safety for a specified purpose, or its ownership, or lack of violation, or its lack of computer viruses, and the implicit guarantees that arise from interaction or performance or any other responsibility that has been mentioned in the terms of the agreement.

20-INFORMATION ABOUT YOU AND YOUR VISITS TO OUR APP AND USE OF OUR SERVICES

We collect certain data about you since you are using our services.

21-UPLOADING MATERIAL TO OUR APP AND OUR SERVICES

Any materials that you upload to our services or data that is collected by us is 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. 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 to the extent in which such material is protected by intellectual property rights.

22-LINKS FROM OUR APP

When our application 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. Therefore, we do not hold any responsibility for them or for any loss or damage that may arise from your use.

23-GOVERNING LAW AND JURISDICTION

Any claims that include non-contractual dispute/claims arising from, or relating to, the use of our application or our Services shall be governed by and construed in accordance with the in-forced U.A.E Law in which the conflict occurred in.

24-FORCE MAJEURE

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 good, work, government procedures, war, fire, flood, explosion or civil commotion.

There is nothing herein that shall exempt the customer from payment obligations under these conditions.

25-SEVERABILITY

If any provision in this agreement is judged to be illegal or unenforceable, the continuity in full force and impact of these remaining provisions shall not be compromised.

26-ENTIRE AGREEMENT

These terms contain the whole agreement between the parties relating to its subject matter and supersedes all prior agreements, arrangements, and understandings that are related to that subject matter.

27-OUR RIGHT TO CHANGE THE TERMS AND CONDITIONS

ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C has the right to revise these terms of use at any time by amending this page. Therefore, you are requested to check this page from time to time to take notice of any changes we make, as they are binding on you.

28-YOUR CONCERNS

If you have any concerns regarding the materials that appear on our services, kindly contact us through our email Asmaky.ae@gmail.com and the following pages: Instagram / Asmaky_ae   Twitter/ Asmaky_ae.

• Kindly note that our partners have their own logos that appear on the page interface of the application, they offer their own products and they have their own operating software. Therefore, our partner handles complete liability of the orders. ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C only follows up with its partners in different cases and situations.

29-TERMINATION OR MODIFICATION

You agree that ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C, at its absolute discretion, may terminate, deactivate and/or suspend any account (or part thereof). It may also discontinue, modify or alter any aspect, feature or policy of the services, at any time without prior notice or consent.

ASMAKY FOR FISH TRADING-SOLE PROPRIETORSHIP L.L.C also has the right to amend these terms at any time based on its absolute discretion. The amended terms are immediately applied when published pursuantly to the applicable laws.

You are solely responsible of checking these terms on a regular basis, if you do not partially or fully accept the amended terms, you should stop using the platform and/or any of its services immediately.

If you have any questions about this agreement/ Terms and Conditions of Use, kindly contact us via email at Asmaky.ae@gmail.com