Terms of use
Welcome to www.umaski-sa.com (“Site”).
These Terms of Use and all policies and additional terms (if applicable) posted on the Site set out the terms on which we offer you access to and use of our Site, services, and applications including our mobile application (collectively, the “Services”). These Legal Documents are incorporated by reference into these Terms of Use.
By accessing, registering, and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect. These Terms of Use and the Legal Documents are subject to change by us at any time. Your continued use of the Site following any such change constitutes your agreement to these Terms of Use and Legal Documents as so modified.
References in these Terms of Use to “you” (or similar) are references to you as an individual or legal entity as the case may be.
ABOUT OUR SITE
The Site is an e-commerce platform that allows individuals and enterprise entities to buy products.
We reserve the right to introduce new Services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
ELIGIBILITY AND REGISTRATION REQUIREMENTS
You are eligible to register as a buyer and benefit from the Services if you meet the following eligibility criteria:
you are above the legal age for purchasing products in your country of residence; and
you are able to provide an address in the Kingdom of Saudi Arabia (“KSA”) for delivery of products.
In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We reserve the right to undertake such checks as are necessary to verify your identity.
Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 6 of these Terms of Use.
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INTELLECTUAL PROPERTY RIGHTS
Except for the rights expressly granted under these Terms of Use:
all content included on the Site, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all right, title, and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
all rights, title, and interest in and to any information, materials, or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.
You agree that you have no right to use any of our trademarks without our prior written consent.
All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.
WARRANTIES, REPRESENTATIONS & UNDERTAKINGS
You warrant, represent, and undertake that:
you shall fully comply and will at all times continue to fully comply with all applicable laws, statutes, and regulations, including, without limitation, all privacy laws and content regulation;
you have full power and authority to enter into these Terms of Use and the execution and performance of your obligations under these Terms of Use does not conflict with:
any laws, rules, regulations, or governmental guidelines to which you are subject to; or
any other agreements to which you are a party to or to which you are otherwise bound by;
if you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Use. Such account is deemed to be owned and controlled by the business entity;
you own or have the authority to grant the rights and licenses granted to us by you under these Terms of Use; and
any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).
Subject to clause 5.1, the Services are provided to you on an “as is” basis without representations, warranties, or conditions of any kind. We disclaim all warranties, conditions, and representations of any kind, whether express, implied, or collateral, including, but not limited to, all conditions, representations, or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error-free or will operate without interruption or will be provided in a timely or proper manner or at all.
Furthermore, whilst we attempt to be as accurate as possible, we do not warrant that product descriptions or other content of any Service is accurate, complete, reliable, current, or error-free. Additionally, as a buyer, you agree that we are not responsible for examining or warranting the listings or content provided by us or third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies or defects in any of the listings.
LIABILITY & INDEMNITIES
Nothing in these Terms of Use shall limit or exclude a party’s liability:
for fraud, including fraudulent misrepresentation, perpetrated by that party;
for death or personal injury caused by the negligence of that party; or
for any other liability that cannot be limited or excluded under applicable law.
Subject to clause 5.1, in no event will we, our parent company, subsidiaries, and affiliates, and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty, or otherwise arising out of or in relation to these Terms of Use for loss of profits, loss of data or information, business interruption, or other pecuniary loss or for any special, indirect, incidental, or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors, or suppliers have been advised of the possibility of such damages.
In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries, and affiliates and our, and their directors, officers, agents, employees, suppliers, subcontractors, or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from: