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:
a.disrupt, place unreasonable burdens or excessive loads on, interfere with, interrupt or attempt to gain unauthorized access to any portion of the website, its computer systems, servers or networks;
b. sell access to the use of the website or the Content;
c. redistribute the Content in any manner whatsoever including by means of printed publication, fax broadcast, web pages, email, web newsgroups or forums, or any other electronic or paper-based service or method;
d. intentionally alter the format in which the website or the Content is displayed;
e. embed or import the Content into any information services (whether or not web-based), data files or application software;
f. reproduce any portion of the website or the Content; and
g. undertake any other practice or activity the purpose or effect of which is to adversely affect the website or the Content.
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).
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.
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.
International Users and Choice of Law