Terms of Use
1.1. The “A&L For You” mobile application (the “App”) is operated by A&L Foods, Inc. (the “Company”) or anyone acting on its behalf, through Mobisoft Ltd. (“Mobisoft”). The Company enables users to order and purchase its products through the App, under the terms set forth below. Use of the App is subject to these Terms of Use, which is published in the App and constitutes an integral part of these Terms of Use. Please review these Terms carefully. A user who does not agree to these Terms of Use (in whole or in part) may not use the App in any way.
1.2. These Terms of Use constitute the agreement between you and the Company regarding your use of the App and the ordering and purchasing of the Company’s products, in addition to any other agreement, if any, between you and the Company. Nothing in these Terms shall derogate from or amend any other agreement between you and the Company. In the event of any conflict between these Terms and other specific documents, the provisions of such specific documents shall prevail, unless expressly stated otherwise. Without derogating from the foregoing, in any case of conflict or inconsistency between these Terms and any terms or provisions published in any other media with respect to the App, the provisions of these Terms of Use shall prevail.
1.3. The Company reserves the right to amend and update these Terms of Use from time to time. You may view the updated Terms at any time by pressing the “Terms of Use” link in the App. Material changes will be notified as required by applicable law.
1.4. It is clarified that the services are not offered to you if you are present in a location where their use is not permitted under local law.
1.5. These Terms are drafted in the masculine form for convenience only and apply to all genders equally. Section headings are for ease of reading only and shall not be used in interpreting these Terms of Use.
For the purposes of these Terms, the following terms shall have the meanings set out below, unless expressly stated otherwise:
2.1. “Products” – the Company’s products that may be ordered and purchased via the App, as may be updated from time to time in the App and actually supplied by the Company.
2.2. “Device” – the computer, communication equipment (including modem), telephone, mobile phone (including smartphones), and any equipment, hardware and software that you use in order to use the services, as well as all functions associated with them.
2.3. “User” – any person who uses the App, whether on a regular or occasional basis.
2.4. “Services” – ordering Products through the App and any related service, including payment of invoices and receiving information about the status of the customer or the customer’s orders with the Company, and any other service made available through the App, as may be updated from time to time.
2.5. “Customer” – a User who wishes to purchase Products.
3.1. The individuals authorized to use the Services and the App shall be those who meet all of the following conditions:
3.1.1. A person aged 18 or older who is legally capable of entering into binding legal obligations without the approval of a guardian; if not, their use of the App will be deemed as if such guardian’s approval has been obtained;
3.1.2. Access to the Services will only be available to a User who has completed online registration to the App and has provided the Company with certain details as determined by the Company;
3.1.3. By using the App, you confirm that you meet the above conditions. If you do not meet these basic conditions, you are not permitted to use the App and are requested to immediately exit the App.
3.2. In order to register for the App, you will be required to provide certain information about yourself. Registered users will receive access to a personal area within the App, through which they will be able to perform certain actions and access the Services (the “Personal Area”).
3.3. During the registration process, you may be assigned access credentials, including a username and password (the “Access Credentials”), which will enable you to log into the Personal Area. You must keep these details strictly confidential and avoid disclosing them to any unauthorized third party, including avoiding storing such data on a computer, mobile device, or any other device that can connect to the internet.
3.4. When registering to the App or completing any user details, you are obligated to provide all required details fully and truthfully. It is prohibited to enter details on behalf of any person who is not physically present at the screen during registration, or who does not consent to these Terms. For the avoidance of doubt, impersonation is a criminal offense.
3.5. Upon registering for the Services, you authorize the Company to retain certain information about you. The use of this information and any other information about you shall be subject to the Company’s Privacy Policy, as published and updated from time to time.
3.6. Use of the Access Credentials is personal only, and you may use only the Access Credentials assigned to you (if any). You confirm that any use made with your Access Credentials will be deemed to have been made by you. You undertake to bear any damage caused as a result of the use of your Access Credentials (even if done by another person), and you release the Company from any damage arising from such use. It is clarified that the Company is not obligated to verify the identity of Users and the details provided by them, including their correctness, accuracy, or completeness.
3.7. You are responsible for ensuring that the Device you use to connect to the App complies with all technical requirements necessary to allow you to access and use the App and that the Device is suitable for using the App.
3.8. You may use the App solely for the purpose of placing orders for Products for a Customer on whose behalf you are authorized to place orders.
3.9. The Company reserves the right not to allow any User to make purchases through the App, without any obligation to provide reasons.
3.10. The Company may, from time to time, modify the App, its structure, design, content, the Services and the availability of the Services and content offered therein, in whole or in part, without prior notice.
4.1. Use of the App is limited to use that complies with all applicable laws and regulations, including any law relating to any rights of others (including copyright, publicity or privacy rights, confidentiality, and trademark rights).
4.2. The User shall be subject to the provisions of these Terms of Use.
4.3. The User undertakes to refrain from performing the following actions in connection with the App:
4.3.1. Browsing, scanning, or using the App via software designed to collect information or perform actions by simulating a regular user, including bots, crawlers, or similar tools;
4.3.2. Manipulating the URL address of internal pages to access internal pages to which the User has no direct access (URL hacking);
4.3.3. Uploading or transmitting content or performing actions that involve violation of any law; transmitting or publishing content that infringes another’s copyright, trademark, trade secret, or other intellectual property, or that constitutes defamation, obscenity, or invasion of privacy;
4.3.4. Taking any action with respect to the design of the App, its source code, elements, or contents displayed in the App;
4.3.5. Any illegal or unauthorized use or use for an illegal or unauthorized purpose. The User shall not impersonate any person or entity, shall not provide information that is not fully accurate, shall not upload information that is false or unlawful, shall not upload any information containing a computer virus or any other code designed to destroy, disrupt, or limit the use of any computer, server, hardware, or software used by the App or any other user; shall not copy, reproduce, modify, distribute, transfer, publicly display, publish, or create derivative works of any part of the App;
4.3.6. Using any robot, spider, search or retrieval application, or any other automatic or manual tool designed to index, retrieve, or gather information from the App, or any tool designed to expose the App’s databases;
4.3.7. Interfering with or disrupting access to the App, use of the App, or enjoyment of the App by others, including interference with server operations or the computer networks that enable the App;
4.3.8. Making any commercial or profit-oriented use of the information contained in the App. The User is not permitted to permit any third party to use the information, whether for consideration or not. The User must use the App for personal, internal business purposes only. It is clarified that no use may be made of information published in the App for the purpose of displaying it on the internet or in any other service, without the Company’s prior written consent and subject to these Terms;
4.3.9. Accessing parts of the App that are not open to public use;
4.3.10. Making any changes to the App.
4.4. It is the User’s responsibility to examine, prior to using the App, that the App indeed meets their needs, and the User shall have no claim for lack of suitability of the App to their needs.
4.5. It is hereby clarified that the Company does not undertake that the App will operate 100% of the time, and from time to time the Company will update and upgrade the App systems.
4.6. It is the User’s responsibility to ensure, prior to use of the App, the proper functioning of their internet connection. The Company shall bear no responsibility for any damage that may be caused to the User due to issues with the User’s internet connection.
5.1. Through the App you may place an order for Products (an “Order”). The Company may at any time update or change the range of Products, replace or add any Product, all without the need to provide prior notice. The Company is under no obligation to maintain any particular assortment of Products.
5.2. Orders may be placed in the App at any time of day, except when the App is down for maintenance or for any other reason.
5.3. It is clarified that Product images displayed in the App are for illustration purposes only and are not binding on the Company.
5.4. The User may add Products displayed in the App or in their personal product list (if any) to the shopping cart that the Customer wishes to purchase. The Company may propose certain Products to the User, including based on analysis of previous Orders.
5.5. The User may add to the Order Products that are marked as “out of stock” or a similar phrase. “Out of stock” (or similar) means that the Product is not available in the Company’s inventory at the time of Order placement. In such case, if the Product is not supplied, or in any case where ordered Products are out of stock, the Customer will not be charged for such Product.
5.6. Product prices in the App are the prices applicable at the time the Order is placed. The Company may update Product prices in the App from time to time, regardless of the date on which Orders are placed.
5.7. Products may be offered for sale to each User at a personalized price, based on the discount rate the Customer is entitled to under their commercial arrangement with the Company. Products offered at promotional prices or with other benefits will be supplied at the promotional price, provided that the delivery date is within __ days from the date of Order. Products purchased with a benefit against redemption of a personal coupon will be supplied with the benefit applicable to such coupon on the delivery date.
5.8. Product prices displayed in the App include any applicable sales tax, if and to the extent required by law.
5.9. Order cancellation terms shall be in accordance with the Company’s general cancellation policy as in effect from time to time. Order cancellation may be subject to cancellation fees charged to the Customer.
5.10. Completion of the purchase process occurs upon pressing the “Order” (or “Place Order”) button, sending the Order, and the display of a “Your order has been successfully submitted” message. The Customer will be required to enter the requested details for closing the Order. Lack of confirmation from the Company indicates that the data has not been successfully received in the App, and it is the User’s responsibility to ensure that the data has been properly received.
6.1. It is clarified that delivery of Products is subject to the ordered Product being available in stock on the scheduled delivery date. If it is not possible to supply a Product, it will be removed from the Order and the Customer will not be charged for it, and if already charged, the Customer will receive a credit. The Customer shall have no claim against the Company for failure to supply Products in such cases.
6.2. It is clarified that delivery of Products under an accepted Order shall be carried out subject to approval of the transaction and the payment method by the Company or by the credit card company.
6.3. Delivery will be made to the address entered during the Order process, subject to the list of geographic areas to which the Company delivers Orders, as determined by the Company from time to time. The Order will be placed at the entrance to the specified delivery location, subject to the delivery terms available in the App. The Customer must be present at the address to which the Order is delivered at the time of delivery, unless the Customer has approved leaving the Order at the address in their absence. In such case, where the Customer has approved leaving the Order in their absence, the Customer acknowledges that the delivery provider shall bear no responsibility for the Order, including its contents or the quality of the Products.
6.4. Orders will be delivered on the Company’s standard delivery days and on the estimated delivery date appearing at the time of Order placement, subject to the following. The Company will make best efforts to deliver the Order in full on the scheduled dates, subject to Product availability and availability of the Company’s delivery services. It is clarified that delivery times are estimates only and the Company will make best efforts to ensure delivery within the scheduled times.
6.5. Products are supplied via dedicated warehouses, logistics centers, or any other location from which the Company chooses, at its sole discretion, to distribute Products to Customers.
6.6. The terms for Product returns and Order changes shall be in accordance with the Company’s product return policy as in effect from time to time, or in accordance with the Customer’s commercial agreement. It is possible that certain Products may not be returnable or that their return will be subject to an additional fee to be borne by the Customer.
7.1. Payment for the Order and any order-related fees shall be made in accordance with the Product price list and applicable rates displayed in the App and subject to the final prices and Product availability determined upon Order confirmation in the App. Changes in Product prices will apply to Orders that have been placed but not yet paid, and such Orders will be charged according to the updated Product prices in the Company’s information systems, which shall be the binding prices. In the event of any discrepancy between the price displayed in the App and the price defined in the Company’s information systems, the latter shall prevail.
7.2. Payment for the selected Products shall be made via the Customer’s account with the Company, according to the specific payment terms signed between the Customer and the Company, or via direct debit authorization or credit card payment through the App.
7.3. It is clarified that online payment transactions are subject to credit card verification by the credit card company, and the Company shall bear no responsibility if the credit card company refuses to authorize payment for any reason. The credit card company may charge the User online payment processing fees. The Company shall bear no responsibility in this regard.
7.4. The Company secures credit card payments by using a third-party payment processor. The User’s credit card details are sent to such third party via an encryption system. Accordingly, such details are never sent to the App’s computerized systems and will not be known to the Company, its employees, or anyone operating the App. If the User chooses to save their credit card details in the App, the Company undertakes to retain only a single key which, combined with additional information, enables authorization of payment for the transaction. All credit card details are always stored and processed only by the aforementioned third party.
7.5. The User acknowledges that their right to use the App and to receive certain Services or specific Orders may be terminated unilaterally if payment cannot be collected for reasons not related to the Company. The User agrees that they shall have no claims or demands against the Company due to termination of services, non-delivery of Orders, or blocking of their user account under such circumstances.
7.6. The User acknowledges that the Company reserves the right to set and change from time to time a minimum payment amount for an Order in the App.
7.7. The User acknowledges that the Company reserves the right to block App usage for a User who deviates from the payment or credit terms agreed with the Company. In such case, the User shall have no claim against the Company in this matter.
7.8. Registered Users will be able to view previous invoices via the App and pay them.
7.9. Following submission of an Order and charging of the Customer, an electronic invoice or tax invoice will be issued for the Customer. The Customer hereby consents to receiving an electronic invoice by email or any other electronic means. The Customer may revoke their consent to receive such invoice at any time by notifying the Company.
7.10. In addition, the App will provide Users with account information as follows:
7.10.1. Accounts not yet paid by the User or Customer;
7.10.2. A one-year Customer ledger, including display of invoices selected by the User.
The User acknowledges that the data appearing in the App is pulled from the Company’s systems and that there may be disruptions in data transfer and that the information displayed in the App may not always be accurate or up to date. It is further clarified that the final and correct prices, stock levels, and accounting data are those maintained solely in the Company’s internal systems, and nothing in the information displayed in the App shall be binding on the Company. In any case of discrepancy between the data shown in the App and the information stored in the Company’s systems, the information stored in the Company’s systems shall be binding on the Customer.
8.1. Your use of the App is at your sole and full responsibility. The App is provided “as is” (AS IS). You shall have no claim, demand, or cause of action against the Company in respect of the App or its lack of fitness to your needs.
8.2. The information and Services in the App, and use thereof, are at the User’s sole and full responsibility. The App operator does not represent or warrant that the content in the App is accurate or up to date. The App operator shall not be responsible for any action taken on the basis of information displayed in the App, and the Company assumes no responsibility or duty for any error, omission, or inaccuracy in the information or content displayed in the App.
8.3. The App does not warrant that its use will be uninterrupted, will be provided on time, without pauses, error-free, or immune to damages, malfunctions, failures, or faults in hardware, software, or communication lines to the App.
8.4. Unless stated otherwise, any changes to these Terms, including any new information in the App, whether existing or not yet offered, shall be subject to these Terms of Use.
8.5. The Company shall not be responsible and is not a party to any engagement between a User and a third party, or to the transfer of information or data between a User and any third party, and shall not be responsible for the quality of services, information, or data provided or offered to the User by a third party, or for information or data transferred by the User to any third party.
8.6. You are responsible for taking appropriate safety measures to protect yourself from viruses, worms, trojan horses, and other potentially harmful programs, and to protect your information as you see fit.
8.7. The Company shall not be liable in any case for any damage, loss, or expense that may be caused to a User as a result of use or malfunction or error or interruption in any system developed by a third party that enables interfacing and connecting to the Company’s systems or the App, where the Services are provided to the User via that system and not directly via the Company’s systems or the App.
8.8. Without derogating from the above, the Company shall be exempt from liability for any damage, loss, or expense that may be caused to a User, directly or indirectly, as a result of any of the following events or circumstances, provided such events are not within the Company’s control and the Company has made reasonable efforts to prevent them:
8.8.1. Distortion of data or instructions received in the App, or non-execution or delayed execution of an instruction due to any faults or disruptions in communication lines or malfunctioning electronic or mechanical functioning, whether at the User’s side or at any third party through whom instructions and information are transmitted;
8.8.2. Malfunction of any software or hardware at the User’s premises, including any software or hardware provided to the User by a third party;
8.8.3. Exposure or disclosure of information by the User to any third party as a result of using the App or providing inaccurate details or transferring the App or the Device on which it is installed to another person, including for repair purposes, where such other person may view information received from the Company via the App or perform actions via the App. The User undertakes to bear all damage, loss, or expense incurred by the User or the Company in connection therewith.
8.9. Without derogating from the generality of the foregoing, it is clarified that the Company’s liability shall in any event be limited to direct damages only and shall not include indirect or consequential damages such as lost profits or lost revenues, and that the Company’s liability with respect to any User shall not exceed the amount actually paid to the Company by such User in connection with the Order in respect of which the damage is claimed, or during the month preceding the damage event, whichever is lower.
8.10. The Company’s systems, by their nature as software, hardware, and communication-network–based systems, are exposed to risks inherent in such systems, including malicious software (viruses, trojan horses, etc.), wiretapping of communication lines, hacking by hostile parties, impersonation of the Company’s App or systems, and other online frauds. The Company invests substantial efforts in protecting against these risks, but it is not possible to provide absolute protection and damages or losses may occur as a result of the realization of any of these risks, including disclosure or alteration of information transmitted or displayed in the systems, distortion of instructions or requests, unauthorized actions, malfunctions in system operations or response times, system unavailability, etc. The Company shall not be responsible for any damage caused to a User as a result of the matters described in this section.
The User undertakes to indemnify and compensate the Company for any loss, damage, or expense incurred by the Company in connection with any claim or demand made against it as a result of the User’s use of the App in violation of these Terms of Use; such indemnification shall be made within 30 days from the date the Company first sends a written demand, and without derogating from any other right or remedy the Company may have under this agreement or under any law.
10.1. The Company, its licensors, or anyone on its behalf, hold all intellectual property rights in the App (including the general structure of the App) and in any other content in the App (including text, graphics, software, photos and other images, videos, sounds, trademarks, and logos). Nothing in these Terms grants the User any rights in intellectual property owned by the Company or its licensors.
10.2. You may not copy, distribute, publicly display, publicly perform, transmit to the public, modify, process, create derivative works from, sell, or lease any of the foregoing, whether by you or by any third party on your behalf, in any manner or by any means, whether electronic, mechanical, optical, photographic, recording, or any other method, without obtaining the prior written consent of the Company or other rights holders, as applicable, and subject to the terms of such consent (if given). This provision also applies to any processing, editing, or translation performed by the Company with respect to content that you have provided or submitted to the App.
10.3. If and to the extent any such consent is granted, you shall refrain from removing, deleting, or altering any notice or indication regarding intellectual property rights, such as copyright ©, or trademark ® notices, attached to the content you are permitted to use.
10.4. Trademarks and advertisements of the Company or any third party in the App are their exclusive property. You may not use them without their prior written consent.
10.5. You hereby grant the Company an irrevocable and unconditional license to use the information you provided to the Company (details about collection and retention of such information appear in the Privacy Policy), or information automatically collected during your visit or use of the App (including within the Personal Area), for the creation of anonymous statistical data, including average data, aggregated data, performance tests or benchmarks, user preferences, comparisons, recommendations, or other calculations or derivative works based on information provided by you or collected about you, whether combined with data received from third parties or not (collectively, “Statistical Data”). Without derogating from the foregoing, it is clarified that the Statistical Data shall be the exclusive property of the Company, and the Company shall hold all rights, including copyrights and other intellectual property rights, in the Statistical Data. The Company shall have an unlimited right to use, update, modify, improve, sell, lease, create derivative works from, or otherwise use the Statistical Data without any notice to you or any obligation or liability towards you. For the avoidance of doubt, the User hereby assigns all rights in the Statistical Data to the Company and waives any right or claim in relation to the Statistical Data or any use thereof.
11.1. Some Services may contain links to other applications or sites. Such links are provided for your convenience only. Use of information or other content found in external applications or sites to which a link leads requires caution and careful review. It is clarified that the Company has no control over or rights in the content in such external applications or sites. The Company bears no responsibility if you rely on or act according to anything found in such external applications or sites. The presence of links in the Services shall not be construed as a recommendation, preference, or approval to use any material, content, or products appearing in such external applications or sites, nor as a guarantee of their reliability, accuracy, or completeness. By clicking on a link, you waive any claim, demand, or cause of action against the Company for any damage, payment, or loss incurred by you (if any) as a result of reliance on or use of information appearing in such external applications or sites.
12.1. Use of the Services shall be governed exclusively by the laws of the United States of America and the laws of the State of Maryland, without giving effect to any conflict of laws principles. The exclusive jurisdiction over any dispute relating to the App or the Services shall lie solely with the competent state or federal courts located in Baltimore, Maryland, USA.
12.2. If any provision of these Terms of Use is found by a court or competent authority to be unenforceable, unlawful, or invalid for any reason, such finding shall not affect the validity or enforceability of any other provision of these Terms, which shall remain in full force and effect. The provision found unenforceable or invalid shall be deemed replaced by an alternative provision that most closely reflects, to the maximum extent permitted by law, the meaning and intent of the original provision.
13.1. Notices and updates from the Company, including promotional materials, may be sent to Users via email, regular mail, SMS, fax, automated dialing system, or any other communication method, to the address or contact details you provided when registering to the App, subject to applicable law.
13.2. For any questions, you may contact our support center by phone or WhatsApp at the number appearing in the App under the “Contact Us” page, or by contacting us through the Company’s website (via the “Contact Us” channel or chat with a representative).
13.3. The support center is intended to assist you and provide responses to issues related to the use of the App and to inquiries relating to Orders placed through the App.