Terms | The Fisherman Lounge

TERMS AND CONDITIONS

Here are our terms and conditions. Thanks for connecting to the The Fisherman Lounge (henceforth called TFL) platform.

The TFL terms & conditions (updated April 2020) outline TFL's and Your obligations and responsibilities on the TFL Platform. In this update to our Terms and Conditions, TFL has provided information, including, but not limited to, our contact information, TFL’s and user obligations, online store terms, the scope of our services and delivery.

User Agreement: www.thefishermanlounge.com

TFL operates an online website allowing Users to have access to TFL’s products info, and to enable online and takeaway services for The Fisherman Lounge restaurant.

This website is operated The Fisherman Lounge Ltd. Throughout the site, the terms “we”, “us” and “our” refer to The Fisherman Lounge Ltd. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new feature or tool which is added to the current online platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1.1 CONTACT INFORMATION

The Fisherman Lounge Ltd, Valentina Mall, M2 Highway, Phoenix, Mauritius. BRN C19167850, VAT 2774312. We are reachable, during opening hours, on 5 449 3474 and hello@thefishermanlounge.com. Our opening hours are currently from 10am-5pm.

1.2 ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age and hold the legal capacity to enter into an agreement with us.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Your role as a user is highlighted in 1.2.2.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

1.2.1 TFL’s ROLE AND OBLIGATIONS

TFL provides the TFL online platform, to enable Users to access product and services information provided by The Fisherman Lounge, and the ability to order food online.

TFL only permits individuals over 18 years of age to become Users.

Users must be natural persons, but can specify within their account description that they represent a business entity.

At its absolute discretion, TFL may refuse to allow any person to register or create an account with TFL or cancel or suspend any existing account.

Registering and creating an account with TFL is free.

TFL accepts no liability for any aspect, including but not limited to the description, performance or delivery of Services.

TFL has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability to perform tasks or supply items, or the honesty or accuracy of any information provided by third party providers.

Except for liability in relation to any Non-excludable Condition, the TFL Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, TFL specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. TFL does not warrant that your access to the website (thefishermanlounge.com) will be uninterrupted or operate error free, that any defect will be corrected or that the website and their servers are free from computer viruses, and other harmful material. TFL does not warrant it will be able to prevent any illegal, harmful or inappropriate use, modification or update to the website. TFL does not warrant or make any representation about the correctness, timeliness, accuracy, reliability, quality or otherwise of the website or its contents. Your use of the website and the information on it is at your own risk.

1.2.2 USER OBLIGATIONS

You will at all times:

(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;

(b) only post accurate information on the TFL Platform;

(d) ensure that You are aware of any laws that apply to You, as a User, or in relation to using the TFL Platform.

You agree that any content (whether provided by TFL, a User or a third party) on the TFL Platform may not be used on third party sites or for other business purposes without TFL's prior permission.

You must not use the TFL Platform for any illegal or immoral purpose.

You must maintain control of Your TFL account and must not deal your account in any way, including by allowing others to use

Your account, or by transferring or selling Your account or any of its content to another person.

You grant TFL an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the TFL Platform for the purpose of publishing material on the TFL Platform and as otherwise may be required to provide the TFL Service, for the general promotion of the TFL Service, and as permitted by this Agreement.

You agree that any information posted on the TFL Platform must not, in any way at all, be potentially or actually harmful to TFL or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by TFL.

Without limiting any provision of this Agreement, any information You supply to TFL or publish, and is related to TFL, must be up to date and kept up to date and must not:

(a) be false, inaccurate or misleading or deceptive;

(b) be fraudulent or involve the sale of counterfeit or stolen items;

(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;

(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);

(e) be defamatory, libelous, threatening or harassing;

(f) be obscene or contain any material that, in TFL's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or

(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any TFL Platform, including, but not limited to viruses, trojan horses, worms, time bombs, or other computer programming routines that may damage, modify, delete, adversely interfere with, sneakily intercept, access without authority or expropriate any system, data or Personal Information.

1.3 GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Personal or sensitive information (such as payment card data) is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1.4 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

1.5 MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

1.6 SCOPE OF TFL SERVICES

TFL provides the TFL Platform to enable Users to have access to information related to products and services provided by The Fisherman Lounge restaurant.

1.6.1 TFL maintains the http:/www.thefishermanlounge.com/; Website ("Site").

1.6.2 Mauritius is our country of domicile” and stipulate that the governing law is the local law.

1.6.3 Visa or MasterCard debit and credit cards in AED will be accepted for payment

1.6.4 We will not trade with or provide any services to OFAC and sanctioned countries

1.6.5 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

1.6.6 Cardholder must retain a copy of transaction records and TFL Portal policies and rules

1.6.7 User is responsible for maintaining the confidentiality of his account

1.6.8 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

1.6.9 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

1.6.10 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

1.6.11 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

1.7 ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. All prices are inclusive of 15% VAT.

The maximum discount allocated on any bill is the lower of (i) x% of the bill amount or (ii) Rs500. Discounted offers can be removed during specific events or periods like December. Loyalty customers are eligible for 10% off from their first bill only, after their membership is activated. Any discount for a loyalty member should be allocated during the payment of the bill and not at other times. The discount is capped at Rs500. Any discount will be reflected in the final bill.

1.8 DELIVERY POLICY

Deliveries are available for products ordered from the delivery section on our website in accordance with this section related to the delivery policy.

1.8.1 Door to door delivery

Only one delivery address is allowed per order placed through our ordering system.

Door-to-door delivery is charged based on the location (address) where the delivery will take place. The delivery fee will vary and be calculated automatically based on the radius (distance) from the restaurant to the location where the delivery will take place.

Delivery will take place only in selected areas as allowed on the ordering platform.

The products will be cooked by TFL, and delivered by TFL delivery team and/or a designated third party food delivery company, at the address given upon placing the order.

We endeavor to deliver within one hour once order is placed, unless specified otherwise in the order. Order Hours are between 10H00 and 17H00. However, there are some external factors that may likely affect delivery times such as inter alia, force majeure, and traffic. If we ever find ourselves unable to achieve this goal, you shall be notified accordingly.

Delivery is made between 11H00 and 16H30 and without prior notification.

If no one is present to take delivery at the delivery address, we will endeavour to make a second attempt at delivery. Should we be unsuccessful at delivery on this second attempt, your order will be redirected to TFL and we will inform you accordingly by phone or email for collection.

1.8.2 Information

The information on the website are presented on best-effort basis. We do our level best to be accurate but certain conditions beyond our control could delay orders. If this occurs, we will make reasonable resolutions to solve the problem.

The photographs of food items are only indicative.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, photographs, products, services, contained on the website for any purpose.

1.8.3 Takeaway Collection

Customer collections can be arranged from our Restaurant premises at:

The Fisherman Lounge,

Le Valentina Mall

Phoenix, Mauritius.

BRN C19167850, VAT 2774312.

We are reachable, during opening hours, on 5 449 3474 (FISH).

1.8.4 General Terms

Delivery and collection is made when the customer signs the delivery/collection slip.

The delivery person will call You once he or she has reached your address, to allow you to receive the order.

You have to show your National Identity Card (NIC) as well as quote your Order Number before delivery or collection can be made. Your NIC/passport number will be noted down by the carrier or by our agent at the chosen pick-up point.

If a third party takes delivery of your order, he/she will also have to show his/her own NIC/passport before delivery can be made.

The carrier or agent at the pick-up point will note down his/her NIC/passport number.

We will not be liable for the late or non-delivery of the products or for any loss, damage and/or prejudice suffered as a result of any incorrect delivery or other information you have provided us or occasioned by events beyond our reasonable control.

1.8.5. Refund Policy

Once food is ordered through the Home delivery webpage and payment made, TFL agrees to deliver the ordered meal within the provided time frame. No refund or return policy is applicable once order and payment is affected. The only return and refund policy applicable is when food is not delivered to the person at the stated location.

1.9 BUSINESS PARTNERS

Certain content, products and services available via our Service may include materials from our third party business partners.

For your security and protection, we also make use of a third party to process your payment information, as part of the payment gateway system. This ensures that full compliance of your payment card data is maintained, and regularly receive validation from our service providers confirming their compliance status. All card data is encrypted and managed in strict confidence in line with the requirements of our bankers and the Payment Card Industry Data Security Standard (PCIDSS)

Third-party links on this site may direct you to third-party websites that are not affiliated with us. Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the TFL Platform as a convenience to our Users who may find the Third Party Services of interest or of use. If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

1.10 FEEDBACK

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

1.11 ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

1.12 PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

1.13 DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall another, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

1.14 INDEMNIFICATION

You agree to indemnify, defend and hold harmless another and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

1.15 SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

1.16 TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

1.17 ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

1.18 GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of Mauritius.

1.19 NO AGENCY

No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular,

You have no authority to bind TFL, its related entities or affiliates in any way at all. TFL endorses that all Third Party Services that may be promoted on the TFL Platform are provided solely by such Third Party Service providers. To the extent permitted by law, TFL specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.

1.20 PRIVACY POLICY

TFL's Privacy Policy, which is available at https://www.thefishermanlounge.com/privacy-policy, applies to all Users and forms part of this Agreement. Use of the TFL Platform confirms that You consent to, and authorize, the collection, use and disclosure of Your Personal Information in accordance with TFL's Privacy Policy.

Third Party Service providers will provide their services based on their own Privacy Policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their privacy policy.

TFL will endeavor to permit you to transact anonymously on the TFL Platform. However, in order to ensure TFL can reduce the incidence of fraud and other behavior in breach of the Community Guidelines, TFL reserves the right to ask Users to verify themselves in order to remain a User.

1.21 MODIFICATIONS TO THE TERMS

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You can review the most current version of the Terms of Service at any time at this page.

LAST UPDATED 10th May 2020