TERMS & CONDITIONS
Welcome to Halal Catering!
AGREEMENT TO TERMS
1.1 We are HalalCatering, a brand of http://www.halalcatering.com, owned and operated by Halal Catering, Inc., unless otherwise stated. HalalCatering.com is a mobile and online halal food order and delivery system exclusively created for consumers of Islamic faith to order zabiha halal meals for home delivery or for catering services for indoor and outdoor parties and events. The service allows users to select any of their favorite restaurants from among our participating restaurants and place a single order for home, or catering order for an event for as large as 25,000 guests. We have carefully selected restaurants and catering companies who are certified as halal zabiha food establishments meaning that all ingredients in the cooked meals they use strictly adhere to zabiha halal guidelines. The process for single order for home delivery is completed online with average food delivery time between 30 and 45 minutes. Catering service orders for corporate and private parties/events are handled by HalalCatering’s managers directly with the consumers and the catering restaurants once our catering order form have been submitted by consumers.
2.3 "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by HalalCatering;
2.4 "we", "us", "our", and " HalalCatering" are references to the Company;
2.5 "Goods" is a reference to any goods which we may offer for sale from our Website from time to time;
2.6 "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website;
2.7 "Participating Restaurant" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
2.8 "Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Restaurants and for both of which our Participating Restaurants take full responsibility; and
2.9 "Website" is a reference to our Website http://www.halalcatering.com or our mobile applications on which we offer our Goods or Services.
2.10 “Halal” or “Zabiha” is a reference to Islamic way of slaughtering permitted animals, which includes: a) that slaughter is conducted by a mature and sane Muslim who understands all the rules and principles of the halal way of slaughtering; b) is conducted in a way that causes minimum pain and suffering to the animal which includes swift and deep cuts using a sharp knife cutting the jugular vein of the animal; c) the name of Allah is recited during slaughter to seek Allah’s permission to kill the animal for sustaining life; and d) while slaughtering, the animal should be placed in a way that it faces Qibla which is the direction where the holy city of Mecca is located.
2.11 “Halal Food” is a reference to halal meat and other halal ingredients in cooked meals and food items such as oil, spices, etc. It also implies that the manufacturing process for all ingredients or cooking methods utilized comply with halal principles.
2.12 “Home Delivery” is a reference to orders placed on the website for home delivery for an individual or family.
2.13 “Catering Orders” is a reference to larger orders for corporate or private parties and events where customers submit “Catering Order Form” online and rest of the transaction is completed via emails and phone calls between Halal Catering staff and customers.
3.0 Ownership and Use of Website, Copyright and Trademarks
3.1 By using this website or mobile application, or working with our employees or agents by any means (including telephone, text, email, chat, in-person, or any other mechanism), you accept our Agreement. We reserve the right to make changes to our websites, our mobile applications, our services, and the Agreement at any time. Your use of our services or working with our employees or agents after any changes have been made constitutes acceptance of the changes.
3.2 This website or mobile application is the sole property of HalalCatering or our affiliates, partners or content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this website or mobile application, the content, and all software used on this website or mobile application, are the exclusive property of HalalCatering or our affiliates or partners and are protected by U.S. and international copyright laws. Title to any part of this property shall not pass to you or to any other person or entity.
3.3 This website, mobile application, compilation, content and software may only be used as a personal e-commerce resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, sale, resale, unauthorized use, or other exploitation of any part of the website, mobile application, compilation, content and software without express prior written permission from HalalCatering is strictly prohibited, may violate copyright, trademark and other laws, and may result in your being responsible for any and all associated damages. The application or linking of this website, mobile application, compilation, content or software into any other website, mobile application, compilation, content or software without express prior written permission from HalalCatering is also strictly prohibited.
3.4 halalcatering.com, the HalalCatering logo, HalalCatering name, and certain other product or service names referenced are trade or service marks of HalalCatering. Certain product, company, trade, and service names referenced are trade or service marks of their respective owners. None of these marks may be used in connection with any product or service different from that correctly associated with the mark, in any manner that disparages or discredits the mark's owner, or in any manner that is likely to cause confusion.
3.5 HalalCatering and our affiliates and partners reserve the right to refuse service, terminate accounts, and/or modify or cancel orders at our discretion, for any cause or without cause.
4.0 Ownership of Certain Information
4.1 If you post names of, reviews of, or comments on products or companies on HalalCatering's websites or mobile applications, you grant HalalCatering and our affiliates and partners a non-exclusive, royalty-free, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such names, reviews, and comments throughout the world in any media. You also grant HalalCatering and our affiliates and partners the right to use the name (if any) that you submit with any name, review, or comment in connection with such name, review, or comment.
4.2 If you allow us to post your menu, pricing, logo, photographs or other images, delivery terms or delivery requirements, or any other information on our websites or mobile applications, you grant HalalCatering and our affiliates and partners a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such menu, pricing, logo, delivery requirements, or other information throughout the world in any media, subject to our usage of your trade or service marks as specified elsewhere in these Terms.
5.0 Risk of Loss; Guarantee
5.1 All items purchased through HalalCatering are made pursuant to a fulfillment agreement with one or more third parties (such as food providers or delivery companies). Should there be errors, HalalCatering will offer every reasonable assistance in the correction of that error. In any event, however, the risk of loss and title for such items pass to you upon our conveyance of your order to the third party/ies. It may be necessary for you to file claims with those parties.
6.1 You, your employer (if any), and any individual or company (if any) for whom you are a representative, agent, or contractor, agree to indemnify and hold HalalCatering, our subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys' fees, made by any party due to or arising out of (a) your use of this website or mobile application or any HalalCatering services in any way, (b) your fulfillment or attempted fulfillment of any orders sent to you or facilitated by HalalCatering, (c) your delivery or attempted delivery of any orders sent to you or facilitated by HalalCatering, whether sent to you directly or indirectly by HalalCatering, or (d) any other engagement or attempted engagement with HalalCatering.
7.1 Any contract for the supply of Food Delivery from this Website is between you and the Participating Restaurant; for the supply of Goods or Services from this Website any contact is between you and HalalCatering. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
7.2 Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
7.3 Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
7.4 When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
7.5 We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
7.6 Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Restaurant will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
7.7 If the ordered Food Delivery and delivery capacity is available, the Participating Restaurant will accept the contract and confirm it to HalalCatering. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by text message (SMS).
7.8 In the case that Goods offered by HalalCatering were ordered, HalalCatering will confirm availability together with or separately from Food Delivery.
7.9 The confirmation message will specify delivery details including the approximate delivery time specified by the Participating Restaurant and confirm the price of the Food Delivery, Goods and Services ordered.
7.10 If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.
8.0 Prices and Payment
8.1 All prices listed on the Website are correct at the time of publication and have been input as received by the restaurant; While we give great care to keep them up to date, the final price charged to you by the restaurant can change at the time of delivery based on the latest menu and prices of the restaurant. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing restaurants, Goods or Services.
8.2 All prices listed on the Website for Food Delivery by the Participating Restaurant reflect the price the Participating Restaurant charges at the time of listing. In case the price listed is not current and the restaurant informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time.
8.3 All prices for delivery by HalalCatering or a third-party provider assigned by HalalCatering listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future
8.4 The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order for home delivery. For catering orders for events and parties, the total prices to be charged will be communicated directly to the ordering parties via emails or phone calls. Full payment must be made for all Goods despatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card. For catering service orders either the online payment methods can be utilized or paid cash upon delivery.
8.5 If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
8.6 The prices reflected on the website/mobile application/email are determined solely by the Participating Restaurant and informed to HalalCatering at the time of listing or afterwards. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating restaurant.
8.7 All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by the Participating Restaurant and HalalCatering is merely collecting the same on behalf of such Participating Restaurant.
8.8 The entire amount of applicable taxes collected by HalalCatering is directly remitted as is to Participating Restaurants and HalalCatering does not retain any amounts thereof
8.9 HalalCatering is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Participating Restaurant. HalalCatering holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Participating Restaurant.
8.10 The prices reflected on the website/mobile application are determined solely by the Participating Restaurant and informed to HalalCatering at the time of listing. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating restaurant.
8.11 The transaction of sale of food or food items is between Participating Restaurant and the customer, and accordingly, HalalCatering is not liable to charge or deposit any taxes applicable on such transaction
8.12 The final tax invoice will be issued by the Participating Restaurant and delivered to the customer along with the order
9.1 Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
9.2 If delivery is done by the Participating Restaurant, it is the Participating Restaurants sole responsibility to provide Food Delivery in a timely manner.
9.3 In the case delivery is done by HalalCatering, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by HalalCatering in either case. HalalCatering shall charge delivery fee in such cases instead of the restaurant who prepared your food.
9.4 All orders are delivered by a reputable courier. We and the Participating Restaurant will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the participating restaurant first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
9.5 In case of a late delivery, the delivery charge will neither be voided nor refunded by HalalCatering.
9.6 All risk in the Goods and the Food Delivery shall pass to you upon delivery.
9.7 If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance, and other costs which we incur as a result of our inability to deliver, shall be your responsibility and you shall indemnify us in full for such cost.
9.8 You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of your failure to provide adequate access or arrangements for delivery.
9.9 Participating restaurants, who will prepare your order, aim
9.10 Participating Restaurants and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
9.11 Please note that it might not be possible for Participating Restaurants to deliver to some locations. If this is the case, our Participating Restaurants or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
10.1 You must notify the participating restaurant immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.
10.2 We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
10.3 If the cancellation was made in time and once the restaurant has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
10.4 In the unlikely event that the Participating Restaurant delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Participating Restaurant can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue shall to be settled directly with the Participating Restaurant.
11.1 Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
11.3 You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
12.0 Linked Sites
12.1 There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
13.1 We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to firstname.lastname@example.org.
14.0 Limitation of Liability
14.1 Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
14.3 We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
14.4 We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
14.5 We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
14.6 If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you because of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
14.7 The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
14.8 We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
14.9 In the event HalalCatering has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, HalalCatering may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, HalalCatering reserves the right to seek compensation from any and all violators.
14.10 Offers are subject to HalalCatering's discretion and may be withdrawn at any time and without notice.
15.1 All prices are in US dollars. GST is included where indicated
15.2 We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
15.3 We may alter or vary the Terms and Conditions at any time without notice to you.
15.4 Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
15.5 Do not use or launch any automated system or program relating to our website or its online ordering functionality;
15.6 Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
15.8 If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
15.9 These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of United States of America. The parties hereto submit to the exclusive jurisdiction of the courts of USA.
15.10 No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
15.11 Customers placing order with HalalCatering are liable of receiving promotional SMS, irrespective of their number being registered under NDNC. If customer wish to not receive promotional SMS, they may contact us on email@example.com
15.12 These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with Laws of the United States. Both we and you hereby submit to the non-exclusive jurisdiction of USA Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
15.13 The voucher calculation is subject to HalalCatering's discretion and may be altered at any time and without notice. The voucher can discount any/all of the components including food cost, taxes and fees and likewise.
15.14 Any Service Fee/Delivery Fee charged by HalalCatering is subject to prevailing GST Rates.
15.15 The restaurants are currently examining the taxability of their supplies applicable in their location States. HalalCatering hence, does not bear any responsibility on the taxes charged by the restaurant in the interim period.
16.1 HALALCATERING AND THIS WEBSITE OR MOBILE APPLICATION ARE PROVIDED BY HALALCATERING ON AN "AS IS" BASIS. HALALCATERING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR MOBILE APPLICATION OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, OR PRODUCTS INCLUDED IN THIS WEBSITE OR MOBILE APPLICATION OR CONVEYED IN HALALCATERING.COM. TO THE MAXIMUM EXTENT PERMISSIBLE, HALALCATERING DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. HALALCATERING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR ITS SERVICES, OR FROM PRODUCTS OR SERVICES ACQUIRED THROUGH THIS SITE OR THROUGH ITS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. HALALCATERING WILL NOT BE LIABLE FOR ANY BODILY INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE PERFORMANCE OF ANY PARTY IN CONNECTION WITH ANY SERVICE ARRANGED BY HALALCATERING.
16.2 HalalCatering disclaims any and all liability for the acts, omissions, and conduct of any users, food providers, delivery companies, third-party users, HalalCatering users, advertisers and sponsors on the websites or mobile applications, and all and any other third parties, in connection with the websites or mobile applications or HalalCatering, or otherwise related to use of the websites or mobile applications or HalalCatering. HalalCatering is not responsible for the products, services, actions, or failure to act of any third party. Without limiting the foregoing, you may report any believed misconduct to HalalCatering at firstname.lastname@example.org. HalalCatering may investigate and handle your claim, at our sole discretion.
16.3 HalalCatering reserves the right to limit purchases and purchase quantities. In the event of any error, you may be limited to a single unit purchase. Pricing on this website or mobile application is subject to change without notice.
17.0 No Agency Relationship
17.1 You agree that HalalCatering is not responsible for any information you convey, in any manner, and that we have no control over any actions you take or statements you make. You agree that you and HalalCatering are independent contractors, and that neither you nor we are in any way an agent for the other party.
18.1 You may not use the HalalCatering websites or mobile applications or any of our services if you are under eighteen years of age.
19.0 Governing Law
19.1 The laws of the State of New York will govern these notices, terms, and conditions, without regard to the conflict of law principles.
Please never hesitate to email us at email@example.com or call us at 1-646-267-3300. You can also write to us at:
Halal Catering Inc.
20 Meacham Ave
Elmont, NY 11003