These terms of service (“Terms”) constitute a legal agreement between you and Cheers, the Retailer Brand of Tasweek for Trade and Distribution Co. (“Cheers”, “we” or “us”). Please read these Terms carefully. If you do not agree to these Terms, please do not access, install or use our Website, App or Services (each as defined in the next paragraph).
By accessing or using our website www.cheersegypt.com and any subdomains of our website (“Website”), or accessing, installing or using the “Cheers” mobile application (“App”), or using or receiving the Website, App and any services supplied to you by Cheers (collectively, “Services”), you represent to us that you are legally competent to enter into and agree to these Terms.
THE SERVICES ARE INTENDED SOLELY FOR USERS WHO ARE 21 YEARS OF AGE OR OLDER, AND ANY REGISTRATION, USE OR ACCESS TO THE SERVICES BY ANYONE UNDER 21 IS STRICTLY PROHIBITED AND IN VIOLATION OF THESE TERMS.
BY USING THE APP OR THE SERVICES, YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 21 YEARS OF AGE. And if Cheers discover the underage persons has been receiving the order during deliveries, we are going to turn back the requested order with 1000 L.E. Penalties should be paid by the order maker.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of data, content, products and/or services through the Services.
Our Services enable you to search for alcohol beverages and place and schedule orders of your choice from our products portfolio. After having placed your order from the list of available items through the App or the Website, we shall send you an e-mail confirming the content thereof and informing you of the possibility of modifying (adding or removing items) or canceling your order, until dispatch date. We shall inform you by e-mail that your items have been dispatched. The said e-mail shall confirm our acceptance of your order and constitutes therefore the Sale Agreement concluded between you and cheersegypt.com. We reserve the right to reject any order bound for a city or location that Cheers do not cover or for any other reason.
Prices, Payment and Delivery
Prices on the site are displayed in Egyptian Pounds and are inclusive of all Egyptian taxes. Cheers may charge fees in connection with your transaction, including but not limited to shipping or delivery fees in cases where you have placed an order. Cheers shall have the right to amend any shipment fees from time to time without notification at its sole discretion.
The Minimum charge value for online orders is 150 LE and is subject to change according to certain areas.
Payment may only be effected in cash upon delivery.
If Cheers accepts your order request, it will package your order for either pick-up, shipment or delivery, as indicated by you in your order request. The individual picking-up the order or accepting the order shipment or delivery must provide a valid form of photo identification proving that he or she is at least 21 years old and sign for the order at the time of pick-up, receipt of shipment or delivery. Your order request, pick-up, shipment or delivery may be declined for any reason by Cheers, or its employee or agent for any reason Cheers deems appropriate.
YOU AGREE THAT YOU MAY NOT PROVIDE Cheers ANY INFORMATION OF, OR USE THE SERVICES TO PURCHASE OR PICK-UP FOR OR SEND A DELIVERY OR SHIPMENT TO, ANY INDIVIDUAL UNDER 21 YEARS OF AGE.
By using pick-up, shipping or delivery services, you represent that you are of legal drinking age and are in compliance with any local laws and regulations applicable to the purchase, transportation, receipt and/or reporting of your order. You also represent that you have obtained all required permissions, paid all required fees, are working through properly licensed intermediaries where required, are legally entitled to take possession of the order and are legally entitled to take the quantities ordered. You further represent that you are using the Services for lawful purposes and to place orders for personal consumption and not for any re-sale or distribution. You acknowledge that certain Services may not be available to you due to any inconvenience at your location.
Return and Refunds
Damaged items or wrong order delivered shall be replaced or refunded within 24 hours from dispatch providing the return of the damaged or wrong items.
Mobile and Other Devices
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App, Website or Services.
WE DO NOT GUARANTEE THAT THE APP, WEBSITE OR SERVICES CAN BE ACCESSED AND USED ON ANY PARTICULAR DEVICE OR WITH ANY PARTICULAR SERVICE PLAN. WE DO NOT GUARANTEE THAT THE APP, WEBSITE OR SERVICES WILL BE AVAILABLE IN, OR THAT ORDERS FOR PRODUCTS CAN BE PLACED FROM, ANY PARTICULAR GEOGRAPHIC LOCATION.
As part of the Services and to update you regarding the status of deliveries, you may receive push notifications on your mobile device (“Push Messages”), as well as via email or other types of messages. You acknowledge that, when you use the App, Website or the Services, your wireless service provider may charge you fees for data, text messaging and/or other wireless or Internet access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages).
Cheers, in its sole discretion, may offer certain promotions from time to time for users, to the extent permissible under applicable laws. Depending upon where you are, you may or may not receive or be eligible to participate in these promotional offers. Any such promotions and credits are non-transferrable and may only be used in connection with the Services.
Acceptable Use and Restrictions
You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Cheers. You agree that: (i) you will not use the Services if you are not fully able and legally competent to agree to these Terms; (ii) you will only use the Services for lawful purposes and you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct or to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party; (iii) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”; (iv) you will not use the Services to cause nuisance, annoyance or inconvenience; (v) you will not impair the proper operation of the Services’ network; (vi) you will not try to harm the Services in any way whatsoever; (vii) you will not copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part of the Services or content therein without written permission from Cheers ; (viii) you will only use the Services for your own use, not for commercial use, and will not distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity, or use the Services in any service bureau arrangement; (ix) you will not attempt to obtain any information or content from the Services using any robot, spider, scraper or other automated means for any purpose; (x) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (xi) you will only use an access point or data account which you are authorized to use; (xii) you and any recipient of your orders will provide whatever proof of identity and age reasonably requested by Cheers, its employee or agent; and (xii) you will not permit any third party to engage in any of the acts described in clauses (i) through (xi). You understand and agree that you are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the App, Website, any updates to or portion of the App or Website (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App or Website); (y) use any means to discover the source code of the App or Website or to discover the trade secrets in the Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of Cheers and its licensors. If you breach these restrictions, you may be subject to prosecution and damages.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. If you object to any part of the Services, you should cease using the Services.
The laws of the Arab Republic of Egypt shall govern these Terms. Cheers shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in these Terms or to comply with applicable laws. You agree to comply at your sole expense with all applicable Egyptian laws and regulations. Cheers explicitly reserves the right to refuse access to any portion of the Services at any time without notice for your failure to abide by the terms as set forth in these Terms or your failure to comply with applicable laws.
By entering into these Terms and using any portion of the Services, you agree that you shall defend, indemnify and hold Cheers, its licencors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, (b) your violation of any rights of any third party, (c) your use or misuse of the Services, or (d) your negligence or willful misconduct.
Third Party Services and Materials
Certain Services may display, include or make available content, data, information, applications, services or materials from third parties (“Third Party Services and Materials”) or provide links to certain third party web sites and apps. By using the Services, you acknowledge and agree that Cheers is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, availability, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Services and Materials, web sites or apps. Cheers does not warrant or endorse and will not have any liability or responsibility to you or any other person for any Third Party Services and Materials. Third Party Services and Materials and links to other web sites are provided solely as a convenience to you.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY CONTENT, INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SERVICES AND MATERIALS) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY DRINKIES OR ITS AUTHORIZED AGENT OR REPRESENTATIVE WILL BE DEEMED TO CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. DRINKIES MAKES NO REPRESENTATION OR WARRANTY AS TO YOUR LEGAL RIGHT TO PICK-UP OR HAVE ALCOHOL BEVERAGES TRANSPORTED TO YOU OR YOUR INTENDED RECIPIENT.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CHEERS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF USE, DATA OR PROFITS OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, OR THE PROCESSING, PURCHASE, SALE, TRANSPORTATION, SHIPMENT, DELIVERY OR CONSUMPTION OF ALCOHOLIC BEVERAGES, INCLUDING ANY CLAIM, DEMAND OR DAMAGES ARISING FROM ANY TRANSACTION THROUGH THE SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF CHEERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, DEMAND OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES. If, for any reason, a court or arbitral body finds Cheers liable for damages notwithstanding the foregoing, in no event shall Cheers total liability for all damages exceed the amount paid by you to Cheers for your use or receipt of the Services. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
Cheers SHALL NOT BE LIABLE FOR ANY DAMAGES TO GOODS CAUSED BY WEATHER CONDITIONS AND OTHER “ACTS OF GOD” DURING TRANSPORTATION. WEATHER CONDITIONS MAY CHANGE AT ANY TIME, SO CHEERS, CANNOT ASSUME LIABILITY FOR DAMAGE CAUSED BY CHANGES IN WEATHER DURING TRANSPORTATION. “ACTS OF GOD” INCLUDE UNFORESEEABLE DELAYS OR ACCIDENTS, PUBLIC UNREST, CONFISCATION AND NATURAL DISASTERS.
You agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms of these Terms and that Cheers would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Cheers to grant you the rights set forth in these Terms.
- The Services and their content, including “look and feel” (e.g., text, graphics, images and logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Cheers and/or its licensors own all right, title and interest in and to the Services and their content (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests, you do not acquire any rights or licenses under any of Cheers (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms.(B) Any and all (i) suggestions for correction, change and modification to the Services and other feedback, information and reports provided to Cheers by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements thereto, whether made, created or developed by Cheers or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Cheers . You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Cheers and Cheers may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Cheers any and all right, title and interest that you may have in and to any and all Feedback and Revisions. At Cheers request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
We may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the end of these Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, then please uninstall the App and do not access or use the Services.
These Terms are effective until you or Cheers terminates these Terms. Cheers may suspend or terminate your account(s) or cease providing you with all or any portion of the Services at any time for any reason, with or without notice to you. Upon termination, you will cease all use of the Services and will disable or destroy all copies (full or partial) of the App in your possession or control. Termination will not limit any of Cheers other rights or remedies at law or in equity. Sections 6, 8, and 10-21 shall survive termination or expiration of these Terms for any reason.
You agree that you will not export or re-export, directly or indirectly the App, or any portion of the Services and/or other information or materials provided by Cheers here under, to any country without first obtaining the explicit approval of Cheers.
You agree that a breach of these Terms will cause irreparable injury to Cheers for which monetary damages would not be an adequate remedy and Cheers shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES WILL BE RESOLVED BY THE COURTS OF THE ARAB REPUBLIC OF EGYPT.
These Terms may not be modified by you except by a writing executed by the duly-authorized representatives of Cheers. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted under these Terms may be assigned by Cheers but may not be assigned by you without the prior express written consent of Cheers. If any provision of these Terms is or becomes, at any time or for any reason, unenforceable or invalid, no other provision of these Terms will be affected and the remaining provisions will continue to be enforceable and valid according to the terms of such provisions. It is expressly understood that in the event either party fails to perform any term of these Terms and the other party does not enforce that term, the failure to enforce not constitute a waiver of any term. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. No joint venture, partnership, employment, or agency relationship exists between Cheers and you or any third party as a result of these Terms or your use of the Services. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
You may contact us regarding the Services or these Terms through our Customer Service on 19131.