Terms and Conditions

Thank you for using Fougito. The terms and conditions mentioned in this page are designed to inform you of your rights under the law and obligations regarding your use of Fougito’s website and any related mobile applications. The terms apply to all current and prospective customers of Fougito, and include but are not limited to customers who have access to the restaurant business page, automobile listing page that manage their own listings. Read the terms carefully. When you access or use Fougito, you are agreeing to these terms and entering into a legally binding contract with Fougito. You cannot access the services without agreeing to these terms. The use of Fougito is entirely at your risk and there is a possibility that you could come across content that is offensive or inappropriate in any way.

Definitions of terms

Customer

The user of our services is referred to as the customer or you or your. A customer is anyone who uses the services with the intention of sharing display or publishing, hosting or transacting images, information or other views or someone who is using the services.

Restaurant

Restaurant means the restaurants that are listed on Fougito website or mobile applications.

Automobile

Automobile refers to the automobiles found on Fougito's website or mobile applications.

Use of services

The use of services that you have purchased indicates that you are 18 years of age or above and that you understand the terms, conditions, obligations, representations, and warranties set forth in these terms.

Using the services, you will be in compliance with all applicable laws and regulation of the country that you are residing in. You are agreeing to utilise the services in accordance with the terms of services and any applicable law that is not in violation of our rights or the rights of any third parties.

Modifications in the terms & conditions

We may alter, modify or update the terms and conditions at any time, at our sole discretion.

It is your responsibility to review the terms and conditions regularly, ensuring that you are still conforming to these terms. Your continued use of Fougito, following any modification to the terms and conditions, will be considered an acceptance of these modified terms and conditions.

Provision of services by Fougito

Fougito aims to provide the best possible services to its customers.

As a customer, you agree to and acknowledge the terms that based on the nature of services, Fougito may necessitate certain changes in its offerings, and Fougito also reserves the right to cease all or any of its products or make changes to the entirety of its products and services at any point, without notice.

The software application that we make available to download may have the ability to check for upgrades automatically. If your devices or computer does not allow the use of upgrades or updates, then you acknowledge that these will be upgraded or updated periodically. You may have to download certain updates to the software application to be able to continue using the services. Any updates or upgrades you receive through us in accordance with the terms shall be deemed as part of the services.

You also acknowledge and accept that when Fougito blocks your access to your account, you will be blocked from accessing its services, your account information, or any other files or information stored within your account.

You agree to the disclaimer that Fougito does not assume any responsibility for any information that may be outdated since the last time it was updated. Fougito is entitled to make any changes or corrections to any portion of its content or services at any time without any notice. Fougito cannot guarantee the quality or authenticity of its products as well as the price of items listed in the services.

The images on our services or website are digitised by Fougito itself. No other person is allowed to reproduce or republish the digital copies in any form, in any way, without the written consent of Fougito. You can send an email to the webmaster if you believe that the content on our services violates your copyrights in any way. Also include the specific URL of the page in your message.

Any certificates, licences, permits, or any information regarding certification on the restaurant, automobile, real estate, or retail trade listing pages on Fougito is only intended for informational purposes. Fougito does not guarantee the authenticity, reliability, or accuracy of certifications, or any information displayed on its pages that is provided by these third-party providers (restaurants, automobiles, real estate, retail trade). Fougito does not accept any responsibility for any loss or damage that may result from the use of this information, or for any errors, invalidity, or discrepancy in the certification, or any violation of local laws and regulation by any of these third-party providers.

How customers use services

It is necessary for you to register an account on Fougito to make use of certain features provided by its services. The use of any private information that you share on your account registration processes is subject to the privacy policy. Your sole responsibility is to keep your account secure and its information (any accounts, modifications, updates, submission, etc.) confidential.

When creating an account or claiming a listing, you guarantee that the information you provide to us during the procedure is accurate, true and complete. You will update your information as often as needed to keep it up-to-date. If you are creating accounts or claiming a listing for your business, you guarantee that you are the proprietor or authorised representative of the business.

You must not impersonate anyone other than yourself, establish accounts on behalf of any other person than yourself, provide an email address that is different from your own, set up multiple listings in absence of any authorization from us, and provide false information to gain access to any company’s profile on services, which, legally, you are not qualified to claim. Understand that any false claim to a listing can result in significant economic losses of Fougito or other entities involved, for which you could be held accountable.

You are accountable for all and any actions that take place within your Fougito account. You agree to inform the Fougito team immediately upon any illegal usage of your account to allow us to take appropriate corrective actions. You acknowledge that you won’t let any third party access your Fougito account to serve any reason, and you will be held accountable for any unauthorised access.

Other terms

You agree to use the services only for the purposes that you are authorised to under the terms and conditions along with the applicable law, regulation, or generally accepted guidelines or practices under the jurisdiction of UAE.

You consent to using information that is owned by Fougito solely for your personal use and not for commercial one, other than the context of ‘Claim your Business Listing’, unless you have an agreement with Fougito in writing.

You must not attempt to use the services via any other method other than the ones offered by Fougito, unless you are specifically authorised to do so in an agreement with Fougito. You agree not to attempt to get access to any services by any automated means.

You also agree to never engage in any action or activity that causes disruption to any of Fougito services as well as the networks that are linked with Fougito. You must not erase or modify any content that is posted by another customer(s) and engage in spamming activities, including but not limited to any type of emails, postings, or messages.

Content

Fougito is the sole copyright owner of its content and services. We hold the exclusive trademarks, copyrights, logos, servicemarks, trade names, trade dress and other rights of intellectual and prosperity nature across the globe in connection to Fougito content and services, that are secured by patents, copyright trademarks, and other rights to intellectual property and proprietary law.

You agree to safeguard Fougito’s intellectual property and proprietary rights of all the persons who have rights to our services throughout and beyond the period of this agreement. You also agree to meet all written requests from Fougito or our third=party suppliers and licences for content or ways to safeguard their legally-binding statutory and common law rights with respect to the services.

You are not allowed to employ any framing method to hide any trademark or logo or any information that is a property of Fougito. You also cannot erase, conceal, or cover any copyright notice or other proprietary notice or source identifier.

Any infringement of the above-mentioned rights will result in appropriate legal action against you in an appropriate forum to seek all remedies possible under the laws applicable.

Your licence to Fougito content

You have a limited, non-exclusive, and non-transferable right to use and access our services only in accordance with what is provided in these terms and conditions.

You must not utilise Fougito services to serve any unlawful purpose, in any manner that is incompatible with the terms and conditions. You may make the information accessible through our services, but only for your private and non-commercial use. You are not permitted to anything in any form, except for that which we have provided permission in writing.

We do not grant any implied or express right or licence to Fougito content, and its services as well as any of our IP rights.

Any breach of the licence terms by you that are included in this section will cause immediate suspension of your rights to use the Fougito services, in addition to possible liability for copyright and IP rights infringement depending on the conditions.

Representation regarding customer content

You are accountable for your content. You warrant that you are the sole owner of, possess, and control the rights of your content, or have received explicit permission from the right owner to upload your content. You guarantee that your content was not copied or based in total or in part upon any work.

The use of your content by us or third-party providers will not infringe or violate any of your rights or any other third party. Your content is true and correct. Your content is also legal and does ot infringe any of the guidelines and policies or any applicable laws.

Content removal

We have the right to remove, block, or disable your access to content, at any point and without any notification, for any reason whatsoever we believe to be unsuitable, (for instance, it violates the terms and conditions, or is otherwise detrimental to our services or our Customers at our at our sole discretion as compiled by law).

Third-party content

Some content available on the services or hyperlink to content may belong to third-party providers, for example, a third-party reservation service, food delivery, or others. Keep in mind that any time you make use of these third-party services, it is controlled and managed by these third-party providers themselves, based on the conditions of their services and the confidentiality policies applicable to them. We may obtain contact numbers, business addresses, and other contact details from these third-party suppliers who collect their information from public data sources.

We do not have any control over, and do not guarantee the accuracy and relevance of copyright compliance, legality of the information, its completeness, timeliness, or the quality of any products advertising, services, or other content that appears within or linked from our services. We do not review or screen the content of these third-party providers prior to or after it is added to our services.

Any content that is provided by the third party such as content uploaded by our customers, does not reflect the views of Fougito or those of subsidiary, parent affiliated branches, employees, officers, directors, or shareholders. We do not take responsibility for any of your content or the content of any third party.

You acknowledge that you understand and agree that Fougito is not responsible for any loss or damage that you may suffer because of the accessibility of these websites or other resources, or the result of any trust placed on the accuracy of advertisements, products or other information on Fougito website or other resources.

We disclaim all responsibility for infringing, offensive, defamatory, unlawful, or unjust content that is made available by any third party.

Restriction on use

You agree that Fougito does not have any obligation to monitor you or any other person’s accessibility to the services in case of a violation of terms. However, we reserve the right to conduct surveillance to ensure smooth operation and make improvements to the services to ensure compliance with any applicable law, or the requirements of a legal procedure, court, or any government body.

Customer feedback

If you communicate any suggestions or ideas regarding Fougito’s conduct of business, you consent to Fougito’s use of your information. Your feedback must not be harmful to the customers, vendors or Fougito’s employees in any way. Please provide specific feedback regarding our current products or marketing strategies.

Advertising

Our certain services are financed by advertising revenues such as displaying ads and promotions. These advertisements are targeted at the content that is stored in the services and queries made through the service. The manner in which the advertisements are placed through Fougito may change without any notification to you. In exchange for Fougito providing access to the use of services, you consent that Fougito can place any such ads in the services.

Additional terms and conditions for customers

Fougito services

Our services include online ordering and take-away, where we enter into a contractual agreement with the restaurants on a principal-to-principal basis for the purpose of listing their menu items on Fougito for online ordering by customers.

Fougito also provides a list of automobiles that we have contractual agreements with, again on a principal-to-principal basis for listing their services on Fougito to be available to our customers.

We also have contractual agreements with real estate agents/brokers on a principal-to-principal basis for the purpose of listing their property sales or rental information on Fougito applications for the customers to access. Same can be said for the retail trade services offered through Fougito.

Customers can access the items or services listed on the Fougito website or application and can place their online orders through Fougito. Any request for purchase that you make on the services page through Fougito is is irrevocable authority granted to Fougito to make online purchases on your behalf.

Services pricing

The pricing within Fougito services are decided by the third-party service providers (restaurants, automobiles, real estate, retail trade) at the date of publishing on Fougito platform and are listed in accordance with the information that is obtained from them.

While we ensure that these pricing are up-to-date, these pricing are subject to change in accordance to the policies of the third-party service providers. If there is any conflict between the prices, the prices quoted by these service providers will be considered to be the most accurate one.

General terms and conditions

Fougito is not the manufacturer, seller, or distributor of the services, rather Fougito only lists the services on the behalf of the rightful owners i.e. restaurants, automobiles, real estate, or retail trade. Fougito facilitates the sale of services between customers and these service providers under the contract for sale and purchase of the according items/services between the customers and service providers.

Fougito shall not be liable for any acts or omissions on the part of these third-party providers including any deficiency in service, wrong delivery of order, incorrect pricing, delay in order, etc. The third-party service providers shall be solely responsible for any warranty regarding their offerings through Fougito, and in no event shall this be a responsibility of Fougito.

When you place an order, you must share certain information, such as but not limited to, contact numbers and delivery address. You are requested to exercise particular caution when sharing these details and guarantee that this information you are providing is correct and complete. By submitting these details, you agree to Fougito’s terms and policies regarding privacy.

Any amount that is paid by Fougito at your expense as the amount of your order will be inclusive of taxes, if applicable.

The timing for delivery/takeaway after ordering could differ.

Also, the promo codes can only be utilised by the user, subject to terms and conditions stipulated by Fougito from time-to-time.

Cancellation and refund policy

You acknowledge that any cancelation of order attempted or cancellation due to reasons that are not attributable to Fougito, in the event that you provided incorrect information, or that you were unresponsive for the fulfilment of services offered to you, shall be amounted to the breach of your unconditional and irrevocable authorisation in favour of Fougito to place that order at the service providers on your behalf.

If you were found to have breached an authorisation, you will be held accountable for any liquidated damages in an amount equal to the purchase price. You allow Fougito to reduce or collect the amount that is due in liquidated damages by any means as Fougito will decide on the deducted amount from any payment made on your future order, without limitation and at its sole discretion.

In the case that Fougito is unable to accept your orders or cancels your order, due to reasons of but not limited to, technical errors, unavailability of items, or any reason, Fougito will not charge any cancellation fee from you. If your order is cancelled after the payment has been made and you are entitled to a refund, that amount will be returned to you by the service provider itself.

There will be no replacement, refund or any resolution without an explicit permission of the service provider. For any complaint relating to your restaurant order including but not limited to, spilling of food, incorrect delivery of order, poor quality, and others, you must provide the evidence of that complaint prior to resolving the issue.

You will not be eligible for a refund in the event that instructions that are provided with your orders are not executed in the manner that you intended. Restaurant will follow all instructions to the best of their abilities.

All refunds that are received will be treated as credits and will be reflected in your account in accordance with the policies of your bank.

Disclaimer of warranties

You accept the terms that the services provided are offered “as is” and “as available” and your usage of services will be entirely at your own risk.

Fougito, its affiliated companies, respective directors, employees, agents, and their licensors are not liable for any warranties to the fullest extent as allowed by law, regarding their services, including the mobile apps.

Limitation of liability

Fougito will not be held liable for any loss or damage that results from errors, property damage caused by your use of the services, any unauthorised access to personal data stored therein, interruption between servers or bugs/viruses, any loss or damage by use of information, any release of personal information in accordance with these guidelines, your inability to secure your account information, or any loss or damage incurred by you.

Indemnification

You agree to defend and indemnify Fougito from/against any claims or liabilities. Any damage, losses, and costs that are incurred by us from your content, your unauthorised usage of the Fougito services, your access to services, violation of another person’s rights you may have committed, your violation of terms of the services, and any violation you may have committed against the intellectual property rights of another person.

You agree that Fougito has the sole right to negotiate, settle, and pay for, with or without any prior approval, any cause of action that is filed against it. We have the right to assume the defence and management of any issue for which you are indemnifying us and you agree to defend us in the defence we provide for these allegations.

You are not allowed to settle any issue in which we are identified as the defendants. We will use all reasonable efforts to notify you about any such claim, action or proceeding when we learn of it.

End of access to service

You are free to deactivate your account that you have created at any point by reaching out to us. We can terminate or block your access to our services for any reason including, but not limited to, violation of the terms and inability to use the services.

You acknowledge that any suspension of your use of our services could be possible without any prior notice and we have the right to deactivate your account or remove all associated information, and block your login to our services.

Copyright violation notice

Fougito is not responsible for any copyright infringement that is caused by the content posted on or distributed through Fougito, or other items that are sold on Fougito, by users or other third parties.

We completely respect the rights of other people to intellectual property and expect the same from those who use our services. We have all the right to block or remove access to content on the services that violate copyrights. If any customer is found in violation of other users’ copyrights, we will end the rights of that customer to access our services.