DEL MONTE FOODS U.A.E FZE TERMS OF USE

These Terms of Use govern your use of any websites and/or social networks operated by Del Monte Foods U.A.E FZE (“DMF”) that display or link to these Terms of Use (the “Sites”). You automatically agree to these Terms and to our Privacy Policy simply by using the Sites or any of the services we offer on the Sites.

1. Modifications and Termination

We reserve the right to modify the Sites at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature altogether. If you don’t like any changes, you can stop using the Sites at any time.

2. Your Account

You may be required to create an account and specify a password in order to make purchases or use certain features on the Sites. To create an account, you must provide truthful and accurate information. Don’t try to impersonate anyone else when you create your account. If your information changes at any time, please update your account to reflect those changes. You may not share your account with anyone else. Please keep your password confidential and try not to use it on other websites. If you believe that your account has been compromised at any time, please contact us at ecomsupport@freshdelmonte.com

3. Content You Post

We may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Content”) on the Sites. You may only post Content if you own all the rights to that Content, or if you have permission from other people who own the rights. In addition, please ensure your Content does not fall under any of the Prohibited Content Categories (as defined under the UAE Telecommunications Regulatory Authority Internet Access Management Regulatory Policy, a copy of which is available on this link: https://www.tra.gov.ae/en/about-tra/information-and-egovernment-sector/internet-guidelines/details.aspx#documents). It is your responsibility to ensure that your Content complies with the laws and regulations of the United Arab Emirates.

You do not transfer ownership of your Content simply by posting it. However, by posting Content, you grant DMF, its agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your Content (“License”). This License continues even if you stop using our Sites.

You agree to indemnify DMF against any and all liability, claims, actions, loss, harm, damage, injury, cost, or expense arising out of any Content you post.

4. Content Posted by Others

We are not responsible for, and do not endorse, Content posted by any other visitors to the Sites. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Content posted by another person.

5. Your Use of the Sites

Please do not use the Sites in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Sites or any features on the Sites (including any technological measures we employ to enforce these Terms). If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to take down Content, terminate your account, prohibit you from using the Sites, and take appropriate legal actions.

Using our Sites does not give you ownership of any intellectual property rights to the content you access. You may not use content from our Sites unless you obtain a written permission from us or its owner, or unless you are otherwise permitted by law.

6. Non-Confidential Information

We do not accept any unsolicited suggestions for product uses, improvements, new product ideas, marketing ideas, or recipes from people outside of our company. We may already be working on a similar idea, and this policy eliminates potential conflicts regarding ownership of the concept.

Any materials, information, or ideas you send us or post on the Sites by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by DMF for any purpose whatsoever.

7. DMF Trademarks and Copyrights

All trademarks, logos, and service marks displayed on the Sites are registered and unregistered trademarks of DMF, DFM’s affiliates and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. All of the materials on the Sites are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.

8. Copyright Protection

DMF has implemented the following procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the applicable intellectual property laws and regulations . DMF accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

If you believe any Content on the Sites infringes your copyrights, you may request that we remove the Content from the Sites (or disable access to that Content) by contacting our Designated Agent (identified below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.

• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information to us by mail or e-mail:

By mail:  Del Monte Foods UAE F.Z.E, Attn. Marketing Dept. – Consumer Services, Dubai , Fruits and Vegetables Market, industrial Area 3, Del Monte Foods UAE Building .

By e-mail: customercare@freshdelmonte.com

Once notification in accordance with the above is received by the Designated Agent, it is DMF policy to: (a) remove or disable access to the Content; (b) notify the provider of the Content or user of the Sites that it has removed or disabled access to such Content; and (c) terminate repeat infringers’ access to the Sites.

If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to DMF Designated Agent within thirty (30) days of the date the Content was removed from the Sites. A counter-notification must be a written communication that includes substantially the following:

• Identification of the material that has been removed or disabled and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and e-mail address
• A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
• A signature or the electronic equivalent of the person submitting the counter-notification.

Upon receipt of a counter-notification in accordance with the above, DMF shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform DMF that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Sites. If DMF receives such notification within ten (10) business days, DMF shall not replace the removed Content or cease disabling access to it. If DMF does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Sites, then DMF shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.

In accordance with the applicable laws and regulations , DMF, in appropriate circumstances and at its sole discretion, may terminate access to the Sites of any user that DMF finds to be a repeat infringer. DMF reserves the right to define the criteria by which DMF will determine that a user is a “repeat infringer.” As a general rule, DMF will define a “repeat infringer” as any person or entity about whom DMF has received three or more notifications of alleged infringement in accordance with the procedures outlined above. DMF will take into account all relevant facts and circumstances when determining whether or not termination of access and/or use privileges of a “repeat infringer” is appropriate.

If you believe that a user is a repeat infringer, please follow the instructions above to contact a DMF Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the Site policy and applicable laws.

9. Social Networks

The Sites may include features that operate in conjunction with certain third party social networking websites that you visit, such as Facebook, Pinterest, Instagram, YouTube, and Twitter (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.

10. Our Warranties and Disclaimers

We provide the Sites using a commercially reasonable level of care, but there are certain things that we cannot guarantee.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, DMF DOES NOT MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT ON THE SITES, THE SPECIFIC FUNCTIONS OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES “AS IS.”

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

11. Liability for our Services

EXCEPT WHERE PROHIBITED BY LAW, DMF SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY’S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF DMF HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

12. Governing Law and Disputes

You agree that these Terms of Use and any dispute or claim arising out of or in connection with these Terms of Use shall be governed by and construed in accordance with the laws of the United Arab Emirates.

You agree that any dispute or claim arising out of your use of the Sites or any products sold on the Sites, including any dispute or claim as to the application, enforceability, scope, or interpretation of this agreement to arbitrate, shall be resolved by binding arbitration, rather than in court.

Arbitration shall be administered by the DIFC-LCIA pursuant to the rules of the DIFC-LCIA in force at the date of the dispute, which rules are deemed to be incorporated by reference into this clause. The arbitral tribunal shall consist of one arbitrator who is to be appointed jointly by you and us, or failing agreement, by the DIFC-LCIA. The seat, or legal place, of the arbitration shall be the Dubai International Financial Centre. The arbitration hearings shall take place in the DIFC. The language of the arbitration shall be English.

13. Additional Details

We may modify these Terms at any time, so be sure to check back regularly. By continuing to use or log in to the Sites after these Terms have changed, you indicate your agreement to the revised Terms. If you do not agree to the changes, you should stop using or logging in to the Sites.

The Sites may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. Similarly, the Sites may contain ads from third parties. We do not control or endorse any products being advertised.

When you use the Sites or send communications to us through the Sites, you are communicating with us electronically. Similarly, you consent to receive communications related to your use of the Sites from us electronically. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from DMF to you shall be deemed delivered and effective when sent to the e-mail address you provide to us.

If you do not comply with these Terms, and we don’t take action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking action in the future).

The Sites are not directed to nor intended to be used by people who are under 13 years old.

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