Terms & Conditions

“Graviss Good Foods Foodstuff Trading LLC ” maintains the http://thebrooklyncreamery.ae/ (“The Brooklyn Creamery/”TBC”/The Company”)

“United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

The displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.

The Brooklyn Creamery accepts payment by Visa or Master card debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of COMPANY. All refunds will be made onto the original mode of payment.

ELIGIBILTY AND CONSENT

By visiting the Website, 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 company 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.

By accessing the Website, the user(s), or the parent or legal guardian of the user(s) who are Minors (as defined below), as the case may be (“User” or “Users” or “you” or “yours”), acknowledge that they have read, understood and agree to be bound by these Terms including the additional terms and conditions and policies referred to herein.

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 The Brooklyn Creamery to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by The Brooklyn Creamery to do so. The content and software on this Site is the property of The Brooklyn Creamery. The cardholder must retain a copy of transaction records and Merchant policies and rules.

If you use the company site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

USE OF WEBSITE

Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Website, which allows you to access and use the Website on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Website on the Devices solely for your own personal and non-commercial use.

YOUR ACCOUNT:

The User will have to register with us in order to access certain services or areas of the Website. With respect to any such registration, we may refuse to grant to you the User-name you request. Your User name and password are strictly meant for your personal use only.

It shall be the sole responsibility of the User to maintain the confidentiality of their account, password, and to prevent unauthorized access. If you become aware of any unauthorized use of your password, you should notify the Company immediately. The Company disclaims any liability and responsibility for damage caused as a result of improper use of passwords.

In furtherance to the foregoing, any User who wishes to modify the details of his/her account can do so by clicking on the ‘Your Account’ section on the Website.

The User acknowledges that they are using their account only for the purpose of placing orders of the products available on our Website.

THIRD PARTY DISCLOSURE

TBC may share statistics and personal information between themselves and with companies that are related to TBC including our other affiliates and international branches to help and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services.

Personal information that you submit to TBC may be disclosed to a third party: such as our suppliers, as mailing houses, who are employed to provide some of our services such; to meet the purpose for which it was submitted.

TBC may disclose your Personal information if required to do so by law or in good faith belief that such disclosure is reasonably necessary in court proceedings or required in compliance to court orders or other legal processes.

ACCESS, ACCURACY AND SECURITY

The Brooklyn Creamery will take reasonable steps to ensure that the personal information collected is accurate, complete and up-to-date. You can access and request correction of any personal information concerning you at any time.

You may also request that your personal information be deleted at any time. Any such requests should be made directly by contacting us. The Brooklyn Creamery will take reasonable steps to protect personal information from misuse, loss and unauthorized access, modification or disclosure.

HEALTHCARE INFORMATION

The information contained in the products assuring any health benefit is intended for educational purposes only. It is not intended as medical advice for individual conditions or treatment, it is not a substitute for a medical exam, and it does not replace the need for services provided by medical professionals. Talk to your doctor before taking any products. Only your doctor can provide you with advice on what is safe and effective for you.

SENSITIVE INFORMATION

The Brooklyn Creamery will not collect, use or disclose sensitive information except with your specific consent

COOKIES
A Cookie is a piece of information that our web server may send to your machine when you visit The Brooklyn Creamery site. A Cookie helps us to recognize you when you re-visit our sites and to co-ordinate your access to different pages on the sites. For example, once you have placed a new ice-cream order you may be offered the opportunity to personalize your order so that the system remembers it for future use.

A cookie will be set on your machine that enables us to recognize your computer when you return to order your favourite ice-cream next time. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stored. If you want to do this, refer to your Browser instructions or help screen to learn more. If you disable all cookies, you may not be able to take advantage of all the features of our sites.

INTELLECTUAL PROPERTY

Unless otherwise specifically mentioned in these Terms, in addition to the content, all of the content available through the Website (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio, User Content and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or respective third-party or licensed to us by a third-party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Website. Our name and logo is our trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks, and logos or of the trademarks, service marks or logos of those other organisations. Materials protected by such intellectual property rights include the design, layout, look, appearance, graphics, photos, images, articles, stories and other materials available on the Website (collectively, “Website Materials”)

Website Materials may only be reproduced, distributed, published or otherwise publicly presented based on a prior written consent by the Company. As an exception to this rule, we grant users a limited, non-exclusive, revocable license to use Website Materials solely for the purposes of downloading, storing, printing, copying, sharing and displaying Website Materials, provided that the Material is unaltered and the source of information is quoted in case any Website Materials are disclosed to third parties. Should you have additional questions on the use of the Website Materials, please contact us.

The right to use the password-protected parts of the Website as user ends on termination of the account by the user without the need for any further actions by us. In the event of termination thereof, the user must delete or destroy all stored, printed or copied materials, unless they must be retained to comply with legal requirements.

DELETING YOUR ACCOUNT

TBC reserves the right to delete your account in case you are found in violation of the Terms.

TBC will not be responsible for any losses arising out of such termination of account.

CONFIDENTIALITY

As elaborated under the Privacy Policy, we will keep all confidential, which shall include your personal information, and shall not disclose it to anyone except as provided in the Terms and required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. we acknowledge that our employees, directors, agents and contractors (“Representatives”) shall use the confidential information only for the intended purpose for which it is provided. We shall use all reasonable endeavours to ensure that its Representatives acknowledge and comply with the provisions of the terms of confidentiality.

PROPRIETARY RIGHTS

The Website is protected by copyright laws as well as other intellectual property laws as applicable. The Company and its licensors, if any, shall retain ownership in and to the Website and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Website subject to these Terms and no intellectual property rights are or will be deemed to be transferred or licensed or assigned to you except as contemplated herein.

PRIVACY POLICY

The Users agree that they have read through the privacy policy (“Privacy Policy”) that is provided on the Website and have understood and agreed to the terms incorporated therein. The Users consent to the use of their personal and non-personal information by the Company in accordance with the terms of as set forth in the Privacy Policy.

INDEMNIFICATION

You agree to indemnify and hold harmless us, our owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and our Representatives, from any claims, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys' fees, made by any third-party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third-party.

ASSIGNMENT

We reserve the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third-party.

LIMITATION OF LIABILITY

In no event shall the Company, or its representatives be liable for any special, incidental, indirect or consequential damages whatsoever resulting from any
(i) errors, mistakes, or inaccuracies of content;
(ii) personal injury or property damage, of any nature whatsoever, resulting from the user’s access to and use of the website;
(iii) any unauthorised access to or use of the secure servers and/or any and all personal and/or business and/or financial information stored therein;
(iv) any interruption or cessation of transmission to or from the website;
(v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third-party; and/or
(vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Company is advised of the possibility of such damages. To the extent permitted by applicable law, neither the Company nor its affiliates shall be liable for any direct, indirect, consequential or other damages whatsoever, including but not limited to property damage, loss of use, loss of business, economic loss, loss of data or loss of profits, arising out of or in connection with your use or access to, or inability to use or access the Website or its content.

We will use reasonable efforts to ensure that the information and materials provided on this Website are correct. However, we cannot guarantee the accuracy of all information and materials and does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information and materials contained on this Website. We do not warrant that the operation of this Website will be uninterrupted or error-free, or that this Website is free from viruses or other components that may be harmful to equipment or software. We do not guarantee that the Website will be compatible with the equipment and software which you may use and does not guarantee that the Website will be available all the time or at any specific time.

You agree to indemnify, defend and hold the Company and its affiliates harmless from any liability or loss, related to either your violation of these Website Terms or your use of the Website

CHANGES
We reserve the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Website, you agree that you are using the Website solely at your discretion and in no way did we induce or invite or solicit you to visit our Website. You should not modify or edit or alter or use any content from the Website in any manner to hamper the position of the Company.