Alshamil - Terms And Conditions

Terms & Conditions

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The ALSHAMILONLINE mobile applications and services (collectively, the “Services”) are made available to you by ALSHAMILAUCTIONS L.L.C, subject to these Terms of Service and the Privacy Policy given in this app (collectively the “Terms”). You agree to comply with these Terms and any ALSHAMILONLINE policies made available to you on the Services. By accessing, using or uploading or downloading any information or materials to or from the SERVICES, or by indicating your assent to these Terms by CREATING AN ACCOUNT, clicking “Sign up” or any similar mechanism, you are agreeing to these Terms. If you do not agree to these Terms, do not access or use the Services.

If you access or use the Services on behalf of a company or other entity, you represent that you have authority to bind such entity and its affiliates to these Terms and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Services. These Terms contain disclaimers of warranties and limitations on liability that may be applicable to you.

Notice Regarding Dispute Resolution: These Terms contain provisions that govern how disputes between you and ALSHAMILONLINE are resolved, including an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration and limit you to claims against ALSHAMILONLINE on an individual basis, unless you opt-out in accordance with the instructions below.

Registration and Accounts

The Services are intended solely for persons who are residents of (U.A.E) or any other country and to be 13 years old or older. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your legal guardian has reviewed and agreed to these Terms.

To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (“Member Data”) and (b) maintain and promptly update the Member Data. You agree that ALSHAMILONLINE may use your Member Data to provide Services for which you have expressed interest and as otherwise set forth in these Terms. If you provide any information that is inaccurate or not current, or ALSHAMILONLINE has reasonable grounds to suspect that such information is inaccurate or not current, ALSHAMILONLINE has the right to suspend or terminate your account and refuse current or future use of the Services. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.

You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below) or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the Services or its contents. You agree to immediately notify ALSHAMILONLINE of any unauthorized use or your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Member Data and any other information or content you provide to ALSHAMILONLINE.

Account Deactivation

You may deactivate your account at any time or you may request deletion of your personally identifiable information by contacting us at (EMAIL: [email protected] ). Once deactivated, your account, activities and place on trader list cannot be reinstated.

Payments and Fees

Payments

To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, or any other payment method made available by ALSHAMILONLINE) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks and payment processors to receive, store and encrypt your payment information. No refunds or credits will be provided by ALSHAMILONLINE, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via EMAIL: [email protected] And in respect of any amounts paid to reserve the numbers or any other goods through the site is refunded in full in favor of the buyer and this only in the event of no waiver or sale by the advertiser or advertiser and the buyer has no right to claim any other entitlements from Shamil or the seller or advertiser except The amount paid for the reservation of the goods or the number, but in the event that the buyer does not pay the remaining amount on time, the amount paid in favor of the bidder shall be confiscated according to the company's procedures and laws

Member Content and Conduct

Content

You own the information, data, text, photographs, graphics, video, messages, posts, tags, or other materials you make available in connection with the Services (“Content”), whether publicly posted, privately transmitted, or submitted through a third-party API. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with the Services. This license ends when you delete your Content or your account unless your Content has been shared with others, and they have not deleted it.

You understand that you, and not ALSHAMILONLINE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. ALSHAMILONLINE does not control, screen or monitor the Content posted to the Services by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. ALSHAMILONLINE may, in its sole discretion, screen, monitor, refuse or remove any Content, or remove any Content that violates the Terms or is otherwise objectionable. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ALSHAMILONLINE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available on the Services. You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that ALSHAMILONLINE is not responsible for, and does not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and ALSHAMILONLINE, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with ALSHAMILONLINE is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place ALSHAMILONLINE in a position that is any different from the position held by members of the general public, including with regard to your Content. Your Content will not be subject to any obligation of confidence on the part of ALSHAMILONLINE other than as set forth in the Privacy Policy, and ALSHAMILONLINE will not be liable for any use or disclosure of any Content you provide.

The Services may provide you with the option of making certain Content that you submit to the Services as private or available only to select users of the Services. If, upon submission of Content to the Services, you initially elect to mark such Content as private or available for a limited group of members, ALSHAMILONLINE will maintain the privacy of such Content in accordance with your election. However, if you do not elect to mark your Content as private or available for a limited group of members, or later change such designation to allow such Content to be made publicly available, you are responsible for the public nature of the content. Please review our Privacy Policy for more information on how to manage your privacy settings.

Conduct

The Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the Services, use of the Services or access to Content. You may not use the Service, or assist or encourage any other party, to engage in any of the following Prohibited Activities:

Copying, framing or mirroring any part of the Services;
Accessing the Services to monitor its availability, performance or functionality;
Accessing the Services to monitor its availability, performance or functionality;
Permitting any third party to access the Services;
Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract the source code of the software underlying the Services or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to ALSHAMILONLINE;
Publishing, transmitting, distributing or storing content, material, information or data that: (1) is illegal, obscene, defamatory, threatening, harassing, abusive, or hateful or that advocates violence; (2) is harmful to or interferes with the Services or any third party’s networks, equipment, applications, services or websites (e.g., viruses, worms, Trojan horses, etc.); (3) infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets or other proprietary information (including unauthorized use of domain names); or (4) is fraudulent or contains false, deceptive or misleading statements, claims or representations (such as “phishing”);
Attempting to disrupt, degrade, impair or violate the integrity or security of the Services or the computers, services, Accounts or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of ALSHAMILONLINE internet protocol space;
Avoiding payment of charges or fees payable by you with respect to the Services;
Committing any act that may be harmful to minors;
Distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to ALSHAMILONLINE than a human can reasonably produce in the same period of time by using a conventional web browser;
Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
Collecting or harvesting any personally identifiable information, including account names and information about users of the Services, from the Services;
Using the Services for any commercial solicitation purposes;
Accessing any content on the Services through any technology or means other than those provided or authorized by the Services;
Submitting to the Services or to ALSHAMILONLINE, any personally identifiable information, except as necessary for the establishment and operation of your account;
Submitting to the Services or to ALSHAMILONLINE any information that may be protected from disclosure by applicable law;
Bypassing the measures, we may use to prevent or restrict access to the Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
Violating any applicable law, statute, ordinance or regulation, or encouraging any conduct that could constitute a criminal offense or give rise to civil liability;
Removing any copyright, trademark or other proprietary rights notices contained in or on the Services; or
Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not intended for you.

You understand that use of certain features of the Services may require you to purchase third party equipment or materials. While ALSHAMILONLINE may recommend the equipment or materials of certain third-party traders, ALSHAMILONLINE shall have no responsibility for your acquisition or use of any third-party equipment or materials and does not guarantee that third party equipment or materials will function with the Services or will be error-free.

You understand that you are responsible for any charges associated with sending communications via your device. You hereby acknowledge that you have the right to communicate with your contacts via the Services.

You represent and warrant that: (i) you are authorized to create your account, whether individually or on behalf of an organization; (ii) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (iii) the posting and use of your Content on or through the Services does not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.

You acknowledge, consent and agree that ALSHAMILONLINE may access, preserve and disclose your Member Data, Payment Method information and other Content as set forth in the Privacy Policy, or if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ALSHAMILONLINE, its members and the public. Subject to the foregoing, ALSHAMILONLINE will use reasonable efforts to maintain the confidentiality of your Member Data and Payment Method information.

Interactions with Members

The Services function as a venue to connect members in a virtual information place. As a neutral facilitator, ALSHAMILONLINE is not directly involved in the actual interactions between members of the Services. As a result, ALSHAMILONLINE has no control over the truth, accuracy, quality, legality, or safety of postings made by members of the Services. ALSHAMILONLINE shall have no responsibility to confirm the identity of members. ALSHAMILONLINE shall also have no responsibility to confirm or verify the qualifications, background, or abilities of members of the Services. You shall at all time exercise common sense and good judgment when dealing with any member of the Services.

If you elect to use our features to inform your contacts about the Services, track your activities, or share your information with others, ALSHAMILONLINE may require you to provide contact information. ALSHAMILONLINE may contact that friend via a one-time email or text message. You represent that you are authorized to provide any third-party contact information that you provide to ALSHAMILONLINE and that ALSHAMILONLINE may store it pursuant to the Privacy Policy.

Third Parties

Third party products and services made available on the Services are made and offered directly by the applicable third party. When you pursue or purchase any such product or service, you acknowledge that you are contracting directly with such third party and not with ALSHAMILONLINE. Your interaction with, or participation in promotions of, third parties found on or through the Services, including payment and delivery of goods or services, and any other terms, are solely between you and such third party. You are not obligated to use or transact business with any third party that appears on the Services. YOU AGREE THAT ALSHAMILONLINE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES.

ALSHAMILONLINE or third parties may provide links to other internet sites or resources through the Services. ALSHAMILONLINE does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You acknowledge and agree that ALSHAMILONLINE is not responsible for the availability of such external sites or resources.

Electronic Communications

The Services may provide you with the ability to send or post messages to forums or chat rooms, speak via internet voice connections or send similar messages and communications to third party service providers, advertisers, your personal contacts, other members and/or ALSHAMILONLINE. You agree to use communication methods available on the Services only to send communications and materials related to the subject matter for which ALSHAMILONLINE provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using communications methods available on the Services, you agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by ALSHAMILONLINE (unless expressly stated otherwise by ALSHAMILONLINE) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by ALSHAMILONLINE in any manner, though ALSHAMILONLINE reserves the right to do so at any time at its sole discretion. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.

Proprietary Rights

You acknowledge and agree that the Services, any necessary software used in connection with the Services (if any), any aggregated data based on Content on the Services, and any Content available or made available on the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by ALSHAMILONLINE or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software or Content available on the Services (other than Content that you may submit), in whole or in part.

ALSHAMILONLINE grants you a personal, revocable, non-transferable and non-exclusive right and license to access and use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the interfaces that are provided by ALSHAMILONLINE.

The term ALSHAMILONLINE, the ALSHAMILONLINE logo and other ALSHAMILONLINE logos and product and service names are the exclusive trademarks of, and are owned by, ALSHAMIL AUCTIONS L.L.C, and you may not use or display such trademarks in any manner without ALSHAMIL AUCTIONS L.L.C prior written permission. Any third party trademarks or service marks displayed on the Services are the property of their respective owners.

ALSHAMILONLINE reserves all rights not expressly granted hereunder.

Your Feedback

We welcome your comments, feedback, suggestions, and other communications regarding the Services and the information and services we make available through the Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to ALSHAMILONLINE a worldwide, non-exclusive, transferrable, assignable, sub-licensable, perpetual, irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly display and perform and otherwise exploit such Feedback and to use, make, have made, sell, offer for sale, import and export products and services based on such Feedback. For this reason, we ask that you not send ALSHAMILONLINE any Feedback that you do not wish to license to us as set forth above.

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. ALSHAMILONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ALSHAMILONLINE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT ALSHAMILONLINE IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS,

(a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b). YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM.

YOU EXPRESSLY AGREE TO RELEASE ALSHAMILONLINE, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH USING ANY OF THE ALSHAMILONLINE WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, ANY ALSHAMILONLINE PLANS), AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY ALSHAMILONLINE (INCLUDING, WITHOUT LIMITATION, ANY ALSHAMILONLINE TRAINING PLAN) WHILE ENGAGED IN ATHLETIC ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ALSHAMILONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ALSHAMILONLINE DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

Indemnity

You agree to indemnify and hold ALSHAMIL AUCTIONS L.L.C and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another person or entity.

Dispute Resolution

Arbitration

The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to the ALSHAMILONLINE’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents) or if you opt out of this agreement to arbitrate, all claims arising out of or relating to this Agreement and your use of the Services shall be finally settled by binding arbitration administered by ALSHAMILONLINE in accordance with its provisions and procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, ALSHAMILONLINE will pay the additional cost. You and ALSHAMILONLINE hereby expressly waive trial by jury. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if ALSHAMILONLINE is a party to the proceeding. This dispute resolution provision will be governed by the UAE Law.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Class-Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception—Litigation of Small-Claims-Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with ALSHAMILONLINE and these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Choice of Law and Forum

Any action related to the Terms, Content, the Services, and your relationship with the ALSHAMILONLINE shall be governed by, and construed and interpreted in accordance with, the laws of UAE without regard to its conflict of laws principles AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Subject to the Section entitled “Dispute Resolution”, the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts embracing UAE and you consent to the exclusive jurisdiction of the federal or state courts embracing UAE. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

UAE Operation

This Services are controlled by ALSHAMILONLINE from its offices within the UAE. ALSHAMILONLINE makes no representation that the Content or the Services are appropriate or available for use in other locations. Access to or use of the Content or the Services from territories where such access or use is illegal is prohibited. Those who choose to access the Services from locations outside of the UAE do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of UAE export laws and regulations.

Termination

You agree that ALSHAMILONLINE may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) non-payment of any fees owed by you in connection with the Services. Termination of your account may include (x) removal of access to all offerings within the Services, (y) deletion of your information, files and Content associated with your account, and (z) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in ALSHAMILONLINE’s sole discretion and that ALSHAMILONLINE shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Member Content Submitted to the Services, Proprietary Rights, Your Feedback, Disclaimer of Warranties and Liability, Indemnity, Applicable Laws and General.

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and ALSHAMILONLINE as a result of the Terms or your use of the Services. The Terms constitute the entire agreement between you and ALSHAMILONLINE with respect to your use of the Services. The failure of ALSHAMILONLINE to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of ALSHAMILONLINE. ALSHAMILONLINE has the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfil its duties and obligations under these Terms and in connection with the Services. ALSHAMILONLINE’s notice to you via email, regular mail or notices, posts, or links on the Services shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Modification of the Terms and Services

Certain provisions of the Terms may be supplemented or superseded by expressly designated legal notices or terms located on particular pages on the Services. ALSHAMILONLINE reserves the right to update the Terms at any time and for any reason in its sole discretion. ALSHAMILONLINE will notify you of any material changes to the Terms or to any service or other features of the Services. By continuing to access or use the Services after we have provided you with notice of a modification, you are agreeing to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.

ALSHAMILONLINE and its third party service providers may make improvements and/or changes in the Services, products, services, mobile applications, features, programs, and prices described at any time and for any reason in its sole discretion. The mobile application may download and install upgrades, updates and additional features in order to improve, enhance, and further develop the Services. ALSHAMILONLINE reserves the right at any time to modify or discontinue, temporarily or permanently, the Services or any portion thereof with or without notice. You agree that ALSHAMILONLINE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Support and Questions

We will respond to any questions regarding the Services and these Terms via (EMAIL: [email protected] )We generally respond support requests within 7-10 days after the request is placed.

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