PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. Al-Futtaim Group company (Al-Futtaim) maintains this Web Site and other Al-Futtaim web sites that are linked to this site (collectively ‘the Site’) and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively ‘Content’), for the use of its customers, employees and members of the general public but only for the lawful purposes described below. Such content is provided as a convenience to its customers and to the general public. ACCEPTANCE OF CONTRACT TERMS: JURISDICTION In exchange for accessing, browsing and/or using the Site, you agree to be bound by these terms and to comply with all applicable laws and regulations, including without limitation United Arab Emirates (UAE) Federal Law No. 40 of 1992 concerning the Protection of the Intellectual Work and Rights of the Author and the Implementing Regulations thereof. You represent you have the legal authority to accept these Web Site Terms of Use on behalf of yourself or any party you represent. Use of the Site is unauthorised in any jurisdiction that does not give effect to these Web Site Terms of Use, including without limitation this paragraph. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE. The Site is controlled and operated in whole or in part by Al-Futtaim from its offices within the UAE. By accessing the Site you agree that the laws and regulations of the UAE and the Emirate of Dubai without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the Courts of Dubai, UAE. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Al-Futtaim makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal is prohibited. You acknowledge that Al-Futtaim reserves the right in its sole discretion to refuse to terminate access to the Site by you at any time. COPYRIGHT AND RESTRICTIONS ON THE USE OF CONTENT While Al-Futtaim provides the information on this Site to anyone, we retain copyright on all text and graphic images. You acknowledge, having been advised by Al-Futtaim, that the Content is protected in the UAE and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (collectively ‘Rights’). In addition to Al-Futtaim’s Rights in individual elements of the Content, Al-Futtaim or its licensors own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, (and except where otherwise specified or provided by Al-Futtaim, print a single copy of the information for your own personal use) but only for purposes of viewing and browsing through the Site or ordering products or services from the Site if applicable. You are also hereby granted permission to store files on your computer for your own personal use; reference hypertext documents on the Site from your own documents. However, these permissions terminate automatically if you breach any of the Web Site Terms of Use. Al-Futtaim is not granting you any permission to use the Content other than the permission expressly stated in these Web Site Terms of Use. All other use of Content from the Site, including, but not limited to modification, publication, transmission, participation in the transfer of sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another website, reproducing the Site (whether by linking, framing or any other method), ‘mirroring’ the Site or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Al-Futtaim’s prior express written consent. LIMITATION ON SCOPE OF CONTENT The Site contains information regarding Al-Futtaim and promotional programmes. The Products described on this Site contain uniquely UAE specifications and are offered for sale in the UAE. The promotional programmes if any described in this site are available only in the UAE or those Emirates as specifically referred to within the description of the programme. The price information contained in or provided through the Site is for information purposes only and does not constitute an offer to sell the products concerned. The actual prices and terms and conditions of sale will be determined by the authorised distributor/dealer of the Products concerned. TRADEMARKS AND SERVICES MARKS Al-Futtaim and other trademarks, such as products and service names found on the Site (collectively the ‘Trade Marks’) are owned by Al-Futtaim, its associate companies, suppliers, business associates or third parties and registered in the UAE and/or elsewhere or unregistered. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without the written permission of the Trademark owner concerned. The Trademarks may not be used in any way, including in advertising or publicity pertaining to the distribution of Products on the Site, without prior, written permission of Al-Futtaim. SUBMISSION AND COLLECTION OF INFORMATION There are instances where Al-Futtaim requests personally identifiable information from the Site users to provide them with a service or correspondence (promotions and mailed brochures). This information, such as name, mailing address, e-mail address, type of request and possibly additional information, is collected and stored in a manner appropriate to the nature of the data by Al-Futtaim and is used to fulfil your request. Although Al-Futtaim makes every effort to ensure the secure collection and transmission of sensitive user information using industry-accepted data collection and encryption methodologies Al-Futtaim does not guarantee the security of any information transmitted to or from the Site or data gathered from the usage of the Site. The information you provide and the data gathered are used by Al-Futtaim to improve the services we provide you. You hereby grant Al-Futtaim an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute any information you send, and agree that Al-Futtaim is free to use any ideas, concepts, know-how or techniques that you send Al-Futtaim for any purpose. PROHIBITED CONDUCT You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You agree (i) not to use the Site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt the Site or any networks connected to the Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Site or any transactions being offered at the Site (iv) not to use the Site to collect or export personal information, including, without limitation, financial information, about other participants at the Site; (v) not to use the services, products associated with the Site for illegal purposes, and (vi) to comply with all regulations, policies and procedures or networks connected to the Site. DISCLAIMER OF WARRANTY AL-FUTTAIM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, AL-FUTTAIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF THIRD-PARTY RIGHTS. REVISIONS Al-Futtaim may revise or withdraw the Content, in whole or in part, at any time without notice. Al-Futtaim may at any time revise these Web Site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound. PRIVACY POLICY The use of the site is subject to Al-Futtaim’s Privacy Policy. Please click here to view. LINKS TO THIRD-PARTY WEBSITES Al-Futtaim makes no representations whatsoever about any other website which you may access through the Site. When you access a non-Al-Futtaim website, please understand that it is independent of Al-Futtaim and that Al-Futtaim has no control over the content on that website. In addition, a link to a non-Al-Futtaim website does not mean that Al-Futtaim endorses or accepts any responsibility for the content or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of destructive nature. Al-Futtaim makes no representation or warranty as to any third party products. Note also that Al-Futtaim Privacy Policy does not apply to any non- Al-Futtaim website which may be accessed through the Site. Please refer to such non- Al-Futtaim websites’ own privacy policies (if any) to determine the privacy policies which apply when using such non- Al-Futtaim websites. LIMITATION OF LIABILITY Al-Futtaim will not be liable for any damages of any kind including but not limited to, special, incidental or consequential damages arising out of or relating to the use or the inability to use the Site, the Content or links, damage caused by viruses affecting your computer equipment or your reliance on the Content or use of the products or services promoted/advertised at or associated with the Site. INDEMNITY You hereby agree to indemnify, defend, and hold harmless Al-Futtaim and its shareholders, associates, employees and agents from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (i) your use of the Content available at or downloaded from the Site, (ii) your failure to comply with any applicable laws and regulations or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the products and services associated with the Site (iii) your use of the Content in any way contrary to the terms of use, (iv) the sale, purchase, transportation, delivery, use or disposal of any product, or service associated with the Site or available through other sites linked to the Site, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by your use of the Site or any service or product, associated with the Site (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage or handling thereof), and (v) any taxes attributable to the relating to any service or product associated with the Site.
