Terms and Conditions for
Smiley’s Food Industries
IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS (“TERMS”). THEY CONTAIN LIMITATIONS ON Smiley’s Food Industries LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
- By installing, accessing or using any websites, mobile apps, email newsletters and subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Smiley’s Food Industries,( “we”, “our” or “us”) in Egypt, which it controls and operates from its headquarters at Asetana Industrial Complex, First Industrial District, Elobour, Egypt.
- By accepting these terms, you also understand and consent to Smiley’s Food Industries Privacy Statement, which is incorporated into, and part of, this agreement. Our Privacy Statement describes how we collect, use and share information.
- The online services are not intended to be used by, or targeted to, anyone under the age of 16. You must be at least 16 years old to use the online services. If you are at least 16 but not yet 18 years old (or the legal age of majority if different in your jurisdiction), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
- If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that Smiley’s Food Industries close any online services account that you have created. You can request account deletion by sending an email to [Contact@smileyshomefoods.com], please include the email address of the account that you want deleted.
About the online services
- You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. Smiley’s Food Industries does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iPhone iOS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.
- Smiley’s Food Industries has the right to update or terminate the online services. You understand and consent that (with or without notice) Smiley’s Food Industries may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Smiley’s Food Industries mobile app that you have installed on your device.
- Updates to these terms: Smiley’s Food Industries may also update these terms at any time and at its sole discretion. If Smiley’s Food Industries makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Smiley’s Food Industries close any online services account that you have created. To close your account, you can email us at [email@example.com].
- How to contact us: If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit www.smileyshomefoods.com or call us at 16070.
Our information practices and communications with you
- Smiley’s Food Industries Privacy Statement: These terms incorporate Smiley’s Food Industries Privacy Statements part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.
- How we communicate with you: Through the online services, you may opt in to receive emails. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Smiley’s Food Industries. Smiley’s Food Industries may use the information you have provided to us to communicate with you in accordance with Smiley’s Food Industries Privacy Statement.
- Opting out of communications generally. You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Whilst we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from other developmental licensees or partners of Smiley’s Food Industries Corporation, or from Smiley’s Food Industries Corporation itself, then you will need to opt out from them directly.
- Additional information on text messages. When you opt in to any of our text message programs, you understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please visit www.smileyshomefoods.com
Ownership and Licenses for the online services
- Smiley’s Food Industries intellectual property ownership: Any and all rights in the online services are and shall remain the exclusive property of Smiley’s Food Industries or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Smiley’s Food Industries or its licensors’ rights.
- Trademark information: Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Smiley’s Food Industries or licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective ownersYour license to use the online services. Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you, Smiley’s Food Industries reserves all other rights.
User submissions and unsolicited ideas
- User submissions. Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Smiley’s Food Industries through the online services (together, “submissions”). You understand that by submitting any information to Smiley’s Food Industries through the online services, you grant Smiley’s Food Industries a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Smiley’s Food Industries will not be required to treat any submissions as confidential.
- Unsolicited ideas. It is Smiley’s Food Industries policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Smiley’s Food Industries, we’re unable to review new ideas from outside the Smiley’s Food Industries system. You expressly waive any and all claims against Smiley’s Food Industries and Members of Smiley’s Food Industries System in connection with Smiley’s Food Industries consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.
Acceptable uses and restrictions for the online services
- Acceptable uses and other restrictions. With respect to the online services (which includes content), you may not, and may not allow third parties, to:
- Use the online services for any purpose that is unlawful or prohibited by these terms;
- Delete or change any copyright, trademark, or other proprietary notices;
- Attempt to obtain ownership or title to the online services, including the content;
- Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services in any commercial manner;
- Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services;
- Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services;
- Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations;
- Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers;
- Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services or any user accounts associated with the online services.
Limitations on liability and disclaimers
- Limitations on Smiley’s Food Industries liability: neither Smiley’s Food Industries nor any other members of the Smiley’s Food Industries system shall be liable for any direct or indirect lost profits or lost business damage, special, indirect, consequential, exemplary or incidental damages, including lost data, personal injury, or property damage related to or arising out of the online services. Nothing in this section is intended to limit Smiley’s Food Industries liability for damages to the extent caused by Smiley’s Food Industries own groos negligence or intentional or unlawful misconduct. Additionally, nothing in this section that cannot be limited or altered under applicable law. Smiley’s Food Industries reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.
- Smiley’s Food Industries provides the online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. Smiley’s Food Industries provides the online services “AS IS” and without warranties of any kind either expressed or implied. Smiley’s Food Industries disclaims all warranties of merchantability and fitness for a particular purpose Smiley’s Food Industries does not warrant or make any representation that the online services will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, or that the online services are free of viruses or other harmful components. you assume total responsibility related to your use of the online services. your sole remedy against Smiley’s Food Industries and all other members of the Smiley’s Food Industries system for dissatisfaction with the online services is to stop using them. this limitation of relief is a part of the bargain between the parties.
- Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Smiley’s Food Industries does not endorse and is not associated with any of these third-party services. Smiley’s Food Industries has and all other members of the Smiley’s Food Industries system have no responsibility for any loss or damages arising from or related to these third-party services.
- Events beyond our control. Smiley’s Food Industries and other members of the Smiley’s Food Industries system have no responsibility for Smiley’s Food Industries failure to perform any of its obligations under these terms caused by or related to any event beyond Smiley’s Food Industries reasonable control. if such an event occurs, then Smiley’s Food Industries obligations under these terms will be suspended for the duration of the event; and Smiley’s Food Industries may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.
Membership system for Smiley’s Home Foods
- Any member of Smiley’s Food Industries has a “user name” and “password” which are determined by the member herself/himself. The “user name” is personal to the member and the same “user name” is not given to two different members. The “password” is only known by the user. The user can change the password at any time. It is solely under the responsibility of the user to select and protect the password. Smiley’s Food Industries is not liable for any problems, which may arise from the use of password. Smiley’s Food Industries informs the user about the promotions, which take place in the user’s area and from which the user may benefit, by emails. For the user to connect to the services, which require a membership of Smiley’s Food Industries, the user must enter the user name and password. This process is called “login” to Smiley’s Food Industries.
- By using this site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the site or by contacting us, you agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.
- Members’ passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.
- You may not use the site for any unlawful or unauthorized purpose, including without limitation to:
- distributing any unlawful, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material
- transmitting material that constitutes a criminal offense, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
- Interfering with any other persons use or enjoyment of the site, Damaging, disabling or impairing the operation of this site or attempting to gain unauthorized access to this site or to networks connected to it, through hacking, spoofing or other such similar means.
Ratification of the Agreement
- To be a member of the website of Smiley’s Food Industries, first of all it is required that you fill in the registration form and then agree and undertake to comply with the provisions of the user agreement for Smiley’s Food Industries. By filling in and ratifying the registration form or getting any services or ordering a meal using this system, the user agrees to be bound by the user agreement of Smiley’s Food Industries website.
- The terms and conditions apply to Smiley’s Food Industries website and its associated applications on iPhone, iPad, Android, and mobile site platforms.
Guidelines for Reviews
Reviews are approved based on the following criteria:
- Reviewers must have had an experience with the product firsthand.
- Smiley’s Food Industries are not obligated to approve reviews on the site. A subset of the potential reasons for rejection are:
- Offensive Language: Profanity, abusive, racist, and hate language is not tolerated in our interactive sections.
- Irrelevant or non-indicative contentDiscrimination based on the grounds of religion, race, gender, national origin, age, marital status or disability.
- References to illegal activity or uncorrelated references towards society’s traditions and values.
- Allegations of health code violations.
- Outdated and obsolete information
Reviews are not endorsed by Smiley’s Food Industries, and do not represent the views of Smiley’s Food Industries, our parent companies, and our subsidiaries. Smiley’s Food Industries does not assume liability for any review or for any claims, liabilities or losses resulting from any use of our sites, or information on our site.
Reviews are owned by Smiley’s Food Industries exclusively in perpetuity. We have the right to reproduce, modify, translate, transmit, and/or distribute all materials relating to reviews. Smiley’s Food Industries is under no obligation to pay the author or anyone else for their reviews.
Authority of Smiley’s Home Foods
- Smiley’s Food Industries may temporarily suspend or completely cease the system operation at any time.
- Smiley’s Food Industries shall not have any responsibilities against the members of Smiley’s Food Industries or any third parties due to the temporarily suspension or completely cessation of the system operation.
- The user name and password shall be displayed and approved after the filling of the application parts to be submitted to the clients by Smiley’s Food Industries. Smiley’s Food Industries may prevent its clients who have filled in all parts or have connected although they have passwords from having a new password or from using their passwords for an indefinite period of time if it is deemed necessary by Smiley’s Food Industries.
- Smiley’s Food Industries has the right to back-up and delete all or some of the files, messages which are provided by the members during the use of services for some periods deemed suitable by Smiley’s Food Industries. Smiley’s Food Industries shall not be held responsible for back-up and delete processes.
- Smiley’s Food Industries has the ownership and copyrights arising from the ownership of the information, documents, software, designs, graphics and etc. which are produced by itself and/or bought from outside.
- Smiley’s Food Industries has right to post any information, documents, software, designs, graphics, etc. (such as the messages, poets, reports/news, file posted to the bulletin board) which are member generated and uploaded to the system by the members and/or to transmit them to another place within the site deemed as appropriate by Smiley’s Food Industries. It is probable that this information is copied and/or posted by other users. In such cases, the users shall not demand any royalty from Smiley’s Food Industries.
- Smiley’s Food Industries may make any changes in the implementation of this agreement, and amend the existing articles or add new articles for the purpose of complying with any technical necessities and legislation which shall come into being in the future.
- Smiley’s Food Industries may change in time the services for which any membership is not required to a form, which requires membership. Smiley’s Food Industries may provide addition services, change some of the services partially or completely, or transform into a paid service.
- This site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavor to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.
- The information, content, products, services, and materials available through the site (whether provided by Smiley’s Food Industries, you, other users or other affiliates/third parties), including without limitation, food/beverage orders, submissions, text, photos, graphics, audio files, video, and links, are provided “as is” and “as available” without warranties of any kind, either express or implied. to the maximum extent permitted by law, Smiley’s Food Industries disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
You have the possibility of receiving offers through the online services. The following general terms apply to the offers:
- The offer may only be available through that particular online service and for the product shown and subject to availability, in participating restaurants only, and until the expiration date.
- Serving times apply (e.g., offers may not be available all the day);
- Unless otherwise stated each offer expires on redemption
- Only one offer can be used per order
- Offers are not transferable and there is no cash alternative. In addition, there may be specific terms that apply to the offer which are stated on the app next to the offer. Not all offers may be combined with orders.
About the products in the online services. All products are subject to availability where you collect your order. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive. Differences may be due your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country and the season of the year.
About the prices in ordering. Prices include local taxes as required under the law of Egypt, including VAT from the date of implementation of that tax in Egypt. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of the product charged to you, please contact us to seek a refund of the difference.
Refunds and your consumer rights. If you desire to seek a refund for any reason, including if the products are unsatisfactory or for other reasons, please contact us regarding any refund due to you. Your legal rights in this respect are not affected by anything in these terms.
- Customer can choose between different payment methods provided on the platforms, which are currently the following: Cash on Delivery, local debit cards and credit cards.
- Smiley’s Food Industries reserves the right to provide other payment methods or to no longer offer certain payment methods.
- Customer bindingly chooses the payment method when placing the respective order, provided that the customer chooses an online payment method, the payment will be processed by an external online payment provider cooperating with Smiley’s Food Industries.
- Card data will be stored for future orders by the external online payment providers, on the condition that the customer has given consent to the storage and future usage.
- Customer is obliged to ensure sufficient cover of the respective account or, when using credit
card, to use the credit card only within the card transaction limit. Customer has to refrain from
causing unauthorized debit charge backs.
Price and Payment and order cancellation
- Once your order has been accepted, this represents an agreement between you the customer and the Smiley’s Food Industries. Cash payments are made directly upon delivery to fulfill the order. If you have chosen to pay with credit or debit card on the Site then the transaction is processed by Smiley’s Food Industries.
- You have the right to cancel an order up to 5 minutes from placing the order on our website.
- While every effort is made to ensure that accurate pricing and descriptions are maintained, we reserve the right to cancel any order that is based on inaccurate information.
- The customer refund procedure might take 2-7 working days to process on the Debit /Credit Cards bank payment gateway. The customer has to follow on with the bank in case of any delay in crediting back the customer’s account with the amount previously paid by the customer. We will send an email to the customer that contains a printout of the refund advice printed from Debit / Credit Cards bank payment gateway as reference in case the customer wants to revise the bank with.
- Customers using the Debit / Credit Cards facility are requested to be available on their respective contact numbers.
- The customer would be reimbursed in case we faced the inconvenience of a missing item (Reimbursement applicable only for the missing item and is subject to our own reimbursement policy).
- Credit or Debit cards used in placing orders through the online payment gateway on Smiley’s Food Industries website or applications must belong to the user. Otherwise, the user must attain the legal permission from the card owner to perform the transaction.The customer is entirely liable for placing an order using the Debit / Credit Cards facility after carefully reading all the terms & conditions.
- During any product delivery and if the client is not available in the address specified in the system, the products ordered by the client shall not deliver to anywhere else. Within the framework of such a case, the member must accept all legal responsibilities arising from ordering a product to an address where he/she does not exist.
Smiley’s Food Industries takes customer satisfaction very seriously. In the case of problems with your food order, please contact Smiley’s Food Industries through our hotline number 16070 and we will assist you. In appropriate cases, if you have already been billed by Smiley’s Food Industries, Smiley’s Food Industries will issue full or partial refunds. In the following cases:
- if you did not receive your order or received an incorrect order, you may be issued a full refund;
- if part of your order is missing, we may issue a partial refund.
- In every event, we will do our best to ensure your satisfaction
Termination of agreement
- Smiley’s Food Industries may terminate this agreement unilaterally at any time.