Terms of use

TERMS OF USE

General

Welcome to our website. This website, www.alshayaenterprises.com (the “website”) is provided by Alshaya Enterprises™. Access to, the viewing of or the use of any content, information, data, feature, product or service or part(s) thereof that are made available, accessible by or through any part or parts of or distributed in conjunction with the website (the “Content”) by any user shall be governed by the following terms of use. Access to or the use of the Website or the Content is offered to you on your acceptance of these Terms of Use and our Privacy Policy (which is located at alshayaenterprises.com/terms ), as well as any other notices or policies posted on the Website or incorporated by reference into these Terms of Use from time to time. By accessing or using the Website or the Content you acknowledge and agree to these Terms of Use, our Privacy Policy and any other notices or policies posted hereto. If you do not agree to be bound by and comply with all of the foregoing, you may not access the Website.

Limited Licence

Subject to the terms and conditions set forth in these Terms of Use, Alshaya Trading grants you a non-exclusive, non-transferable, limited right to access and to use the website and the Content.

Certain Disclaimers

The Website and the Content and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible through or distributed in conjunction with the Website is intended to provide general information about our business which may be of general interest to you and is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or any other uses by you in any form or manner whatsoever, other than as set forth in these Terms of Use. Neither the Website nor the Content should be used or relied upon for any other purpose.

The Website and the Content and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible at or distributed in conjunction with the Website may contain inaccuracies, typographical errors or other clerical errors. Accordingly, Alshaya gives no representation, warranty, or guarantee (and expressly disclaims responsibility) with respect to the accuracy, timeliness, reliability or completeness of the website, the Content or any and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible through or distributed in conjunction with the website.

Disclaimer of Warranty

The performance or display of the website, the Content and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible at or distributed in conjunction with the Website are provided to you on an “as is”, “where is”, “as available” basis and without any warranties. Alshaya Trading makes no representation, warranty or guarantee of any kind whatsoever, including, without limitation, any express or implied warranties or warranties of merchantability, fitness for a particular purpose, non-infringement of the rights of third-parties with respect to the Website or the Content or any and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible through or distributed in conjunction with the Website. You agree that Alshaya Trading shall also not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, internet access providers, hardware, software, or any combination thereof including any injury or damage to your or any other person’s computer as a result of using the Website.

Limitation of Damages

You acknowledge and agree that any access to, use of, or reliance upon, by you, in whole or in part, of the Website or the Content or of any similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible at or distributed in conjunction with the Website shall be entirely at your own risk. In no event shall Alshaya Trading or any of its affiliates be liable to any person, legal or natural, for any direct, indirect, consequential, incidental, special, exemplary damages or any other damages (including, without limitation, any loss of profits, business interruption, loss of hardware, computer systems, information or programs, or other data on your system, etc.) that are related to the performance, access to, the use of or the inability to access or use the Website or any website, portal or interface linked from, within or to it, or the Content even where Alshaya Trading has been advised of the possibility of such damages.

User Conduct and Obligations

You agree to follow all applicable international and/ or domestic laws and regulations when using the Website. Furthermore, you agree that you shall not or shall not attempt to do any of the following, except with the prior express written consent of Alshaya Trading:

Third-Party Content/ Third Parties

The Website may display or make available certain content or data derived from third-parties, including articles, analyst reports, or links or pointers to other websites, portals or interfaces or content, including information or data displayed therein, including references to features, products and services offered by third parties (“Third-party Content”). Third-party Content is not created, approved or endorsed by Alshaya Trading and is made available or accessible through the website for general informational purposes only. All Third-party Content is obtained from sources believed to be reliable; however, no representation, warranty or guarantee is made by Alshaya Trading as a result of the display, availability or accessibility of Third-party Content through the Website as to its accuracy, completeness or timeliness. You agree not to hold Alshaya Trading liable in any manner with respect to the display of, your reliance on, use of or inability to use such Third-party Content. You acknowledge and agree that your business dealings (including payment for and delivery of any related goods and services) with any third party(ies) or non-affiliates of Alshaya Trading referred to or displayed through the Website are solely as between you and such party(ies). You acknowledge that in such dealings Alshaya Trading is not the seller or vendor and your agreement of purchase for products or services with any such party(ies) is solely between you and such party(ies) and not Alshaya Trading. Alshaya Trading assumes no responsibility whatsoever for any charges, losses, liabilities or damages that you or any user of your account incurs in connection with any such dealings or the making or completing of transactions with any such party(ies).

Proprietary Rights

All of the Website and the Content is protected by applicable, international copyright laws and treaty provisions. By using, or accessing the Website or the Content, you agree to comply with all applicable copyright laws. All identifying marks of Alshaya Trading are and shall remain the trade-marks, marks and trade names and or otherwise the exclusive intellectual property of Alshaya Trading. Any unauthorized use of these marks, intellectual property or of any of the rights associated therewith or derived therefrom is unlawful. All other trade-marks or intellectual property rights on this website are the property of their respective owners. Alshaya Trading does not grant any express or implied rights with respect to any trade-marks, copyrights or any other form of intellectual property, content or data and any such rights not expressly granted to you are reserved by us or their owner.

Indemnity

You agree to indemnify, defend and hold us and our affiliates, partners, subsidiaries, officers, directors, employees and agents harmless with respect to any loss, liability, claim, demand, judgment, damages, expense or other loss (including reasonable legal fees) asserted by or awarded to any third party and relating to your access to or use of the Website or the Content. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Changes

Alshaya Trading shall have the right, in its sole discretion, to correct, limit, modify, change, add, remove, discontinue or suspend the website or the Content, terms or conditions of these Terms of Use or any policy or notice or any part(s) thereof without notice or liability to you. Any such changes shall be effective immediately following the posting or making of such change(s). You agree that any subsequent access to or use of the website shall constitute your acceptance of all such changes. Alshaya Trading may also impose limits on certain features and services of the website or restrict your access to any part(s) or the whole of the Website without notice or liability to you. Alshaya Trading may terminate the authorization, rights and license given above and, upon such termination you shall not and shall not attempt to access or use the Website or the Content.

International Users and Choice of Law

The Website is operated and administered by Alshaya Trading from its offices within the State of Kuwait. Alshaya Trading makes no representation or other commitment that the website or the Content is appropriate for use or access in or from locations, territories or jurisdictions other than the State of Kuwait. If you access the Website from a location outside of the State of Kuwait, you are responsible for compliance with all applicable local laws. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kuwait, without giving effect to its conflict of laws provisions. You agree that the appropriate court in the State of Kuwait will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to the exclusive jurisdiction of the courts of the State of Kuwait and venue and situs in the State of Kuwait. Invalidity/ Waiver If any provision(s) of these Terms of Use or any part(s) thereof is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions or part(s) thereof shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

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