Terms & conditions
Terms and Conditions
These terms and conditions ("Agreement") set forth the general terms and conditions of your use of the Alserkalonline.com website and any products and services or content within or relating to the website (collectively referred to as "Website").
This Agreement is legally binding between you ("User", "you" or "your") and Alserkal Avenue LLC ("Alserkal", "we", "us" or "our"). By accessing and using the Website, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.
If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity.
If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website.
You acknowledge that this Agreement is a contract between you and Alserkal, even though it is electronic and is not physically signed by you, and it governs your use of the Website.
Access to the Website
We grant you a limited license to access and make personal use of this Website on the terms and conditions of this Agreement. You are not allowed to download or modify it.
Registration and Accounts
If you register on the Website and/or create any account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Website. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable in any way for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) in our absolute discretion, if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register on our Website. We may block your email address and internet protocol address to prevent further registration.
Billing and Payments
Where you wish to purchase any products or services of any nature via the Website whether from us directly or which are advertised and sold by any third party, you shall pay all fees or charges for such products or services in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, as well as a copy of a recent bank statement for the credit or debit card used for the purchase.
We reserve the right to change products and services at any time and from time to time. We also reserve the right to refuse any order, purchase or request that you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Website at any time if in our opinion it is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated.
Third Party Services
If you decide to enable, access or use third party services referred to ore linked through the Website, then that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for in any way, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services.
You irrevocably waive any claim against Alserkal with respect to such other services. Alserkal is not liable for any claims, damages or losses of any nature caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services and third parties. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Alserkal to disclose your data as necessary to facilitate the use or enablement of such other services.
During your use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Links to External Resources
Although the Website may link to external resources (such as other websites, mobile applications, and other online platforms), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any such linked resources. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase any product or service, Alserkal may receive a benefit and by using the Website and accepting this Agreement you acknowledge that such affiliate links exist and shall not raise any objection to the same.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties or external resources. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or any of its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, local or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, third party products and services, or the internet;
(h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(i) for any obscene or immoral purpose or anything contrary to Islam, public order or the culture of the United Arab Emirates; or
(j) to interfere with or circumvent the security features of the Website, third party products and services, or the Internet.
We reserve the right to terminate your use of the Website for violating any of the above prohibited uses.
Intellectual Property rights
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any territory and under any jurisdiction in any part of the world.
This Agreement does not transfer to you any intellectual property owned by Alserkal or any third parties whether registered or not, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Alserkal or the third parties owning such rights. All trademarks, service marks, graphics and logos used in connection with the Website, are trademarks or registered trademarks of Alserkal or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any of Alserkal or third party trademarks or any images or content from the Website.
Disclaimer of Warranty
You agree that access to and use of the Website is provided on an "as is" and "as available" basis and that your use of the Website is solely at your own risk.
We expressly disclaim all and any warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We make no warranty that the Website and its use by you, will meet your requirements, or that the Website will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or reliability of any information obtained through the Website or that any errors or defects that may arise in the Website will be corrected.
You understand and agree that any products or services purchased on or availed under the Website or any material and/or data downloaded or otherwise obtained through the use of Website is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data and any virus, infection to your computer or mobile device in accessing and using the Website.
We make no warranty regarding any goods or services purchased or obtained through or applied for on the Website or any transactions entered into through the Website. No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein.
Limitation of Liability
To the fullest extent permitted by all applicable laws, in no event will Alserkal, its affiliates, subsidiary or group companies, its directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by all applicable laws, the aggregate liability of Alserkal its affiliates, subsidiary or group companies, its directors, officers, employees, agents, suppliers and licensors relating to the Website will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to Alserkal for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Alserkal and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your access to and use of the Website or any negligence or willful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding to the fullest extent permitted by all applicable laws and are intended to be limited to the extent necessary only so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect and shall not be impacted or affected.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed and construed in accordance with the laws in force in the Emirate of Dubai and the Federal laws of the United Arab Emirates without regard to its rules on conflicts or choice of. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the Dubai Courts, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to any other jurisdiction or dispute relation forum in relation to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes and Amendments
We reserve the right to modify this Agreement or its terms relating to the Website at any time and from time to time, effective upon either posting of an updated version of this Agreement on the Website, notification to you via email or any alternative method of notification as chosen by Alserkal. Such updated terms of this Agreement shall apply with immediate effect. Your continued use of the Website after any such changes shall constitute your full and unequivocal acceptance of and consent to such changes.
Acceptance of this Agreement
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website.
If you would like to contact us concerning any matter relating to the Website you may send an email to email@example.com
This document was last updated on March 23, 2021