1. Introduction

1.1 Welcome to www.emakan.ae. These website Terms and Conditions (“Terms of Use”) set out the terms on which you can access and use the eMAKAN Site and the use of any services, information and functions made available by us including our mobile application (collectively “eMAKAN Services”). By registering, accessing or using our eMAKAN Services, you agree to be bound by these Terms of Use and all other terms and conditions and policies pertaining to the use of the eMAKAN Site and/or eMAKAN Services including its amendments and you consent to the processing of your personal data as described in the Privacy Policy.

1.2 The eMAKAN Site is operated by EMAKAN PORTAL LLC, a limited liability company duly registered with the Dubai Economic Development under license no. 976838, with its office located at Al Qusais Industrial, Dubai, UAE including its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “our”). All references to eMAKAN Site in these Terms of Use shall be deemed to refer to the aforesaid entity in the inclusion of the online portal.

1.3 The provisions stated in these Terms of Use may be changed or modified by us as necessary and your continued use and access to this eMAKAN Site constitutes your agreement to such changes.

2. e-Makan Site

2.1 TThe eMAKAN Site operates as a marketplace designed to allow entities (the “Merchants”) to offer and sell products and services (the “Products”) and for you (the “Buyer”) to order, purchase, avail and buy said Products. Thus, we have no control over the quality, safety, morality or legality of any aspect of the Products listed, the truth or accuracy of the listings, the ability of Merchants.

2.2 We reserve our right to amend, modify, add, remove or suspend all or any portion of the eMAKAN Site and/or eMAKAN at any time.

2.3 We may also impose limits on certain features or restrict your access to parts of, or the entire, eMAKAN Site and/or eMAKAN Services at our sole discretion and without notice and/or liability.

 

3. Your Account

3.1 Eligibility.  Use of the eMAKAN Site is only available to persons who are of legal age for giving consent and/or “competent to contract” pursuant to the Applicable Law. By accepting our Terms of Use or using or accessing the eMAKAN Site, you irrevocably declare and undertake that you are of legal age capable of entering into a binding contract.

3.2 Registration. To access and use the eMAKAN Site and/or Services, you shall register by creating a user account with us.

 

1. You agree to provide true, accurate, current and complete information about yourself as prompted by our registration form (the “Registration Data”). You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete to continue to be eligible to use eMAKAN Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use any other terms and conditions and policies as set out in this eMAKAN Site, we will have the right to indefinitely suspend, limit, cancel or withdraw your current and future use and access to the eMAKAN Site and/or eMAKAN Services.
2. You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur through your account and password. You agree that you will contact us immediately if you suspect an unauthorized third party may be using your account or if your account information is lost or stolen or exposed to any other breach of security.
3. In no event we will be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the breach of security and/or disclosure of your username and/or password.

3.3 Registration Data. Subject to the Privacy Policy and other terms and conditions as we may impose as necessary, you expressly allow and permit us (including our affiliates and authorized third party providers) to access, collect and retain your Registration Data. You also acknowledge that some or all of your Registration Data could be shared to our authorized third-party providers to aide in the successful completion of your transaction in the eMAKAN site.

 

4. Your Responsibilities

4.1 The eMAKAN Site and eMAKAN Services may be used only for lawful purposes and in a lawful manner. You must comply at all times with these Terms of Use and all other terms, conditions and policies imposed by us as necessary pertaining to the use and access of the eMAKAN Site and eMAKAN Services.

4.2 For the operation, maintenance, access and use of your account in the eMAKAN Site, you shall be responsible for the following:

 

1. 1. Compliance of your content with these Terms of Use and all other terms, conditions and policies imposed by us as necessary pertaining to the use and access of the eMAKAN Site and eMAKAN Services including laws, rules and regulations.

• Representing and warranting that:

 

1. You are not impersonating any person or entity, or otherwise misrepresent yourself in association with any person or entity.
2. You agree to provide accurate information that includes without limitation mode of payment information for purchasing the Products ordered on eMAKAN Site.
3. You warrant that you will not use any payment information or instrument that you do not legally own or authorized to use.
4. You will not make, publish, post, upload or disseminate any derogatory, abusive, defamatory, profane, inappropriate remarks or statements about the eMAKAN Site and/or its eMAKAN Services or to any of its users.
5. You will not use the eMAKAN Services and eMAKAN Site for fraudulent purposes.
6. You will not collect any information about other users which include any of their personal data or information.
7. You will not use the eMAKAN Services to violate the privacy of others or to harass other users.
8. You will not upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, or any other computer code, files or programs designed to directly or indirectly interfere with, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data.
9. You will not conduct any surveys, contests, or comparisons.
10. You will not upload, email, post, transmit or otherwise make available any unsolicited or unauthorized promotional materials, advertising, ‘“junk mail”, “spam”, “pyramid schemes”, or any other authorized form of solicitation.
11. With any breach of the above warranties and representations, you agree to compensate and reimburse and/or pay any fines or fees imposed by us or by any relevant authority.

 

5. Our Rights

5.1 Notwithstanding the provisions of this Terms of Use and without prejudice to any of our rights and remedies as may be provided by law, rules, regulations and other terms, conditions and policies that may be imposed by us as necessary, we reserve our right amend the Terms of Use, modify or withdraw this from eMAKAN without notice, refuse purchase of any or all Products listed for sale through the eMAKAN Site including the sole discretion to deactivate your account with us.

5.2 We may in our sole discretion use and employ the services of our affiliates and/or third-party processors or such other service providers in connection to the fulfilment of the delivery of the Products as purchased from the eMAKAN Site without any notice to you.

5.3 All Products listed on the eMAKAN Site are on an “as-is” and “as-available” basis. Thus, pictures and/or images of the products are for and by reference only. In case of any variation, infringement claims or any other claims arising with such pictures or Merchant’s content listing, you agree to indemnify us and hold us harmless for all such claims, damages arising from such claims. Any and all Merchants’ content and/or listing of any Products are not endorsed or supported by us and is the sole responsibility of the respective Merchant. We therefore disclaim any liabilities arising out of any such claims to this end.

5.4 We disclaim any and/or all claims and/or liabilities arising from any price revision of the Products purchased online, irrespective whether you have earmarked or wish-listed such Product.

5.5 Notwithstanding any other provisions of this Terms of Use and without prejudice to any of our rights and remedies, you indemnify, defend and hold us harmless for any and all loss (including to the extent that any loss is direct or indirect and/or relates to or includes any costs of investigation or professional fees or expenses) incurred or suffered:

 

1. If the Products ordered are found counterfeit or refurbished or not to be original;
2. If you purchase Products in the eMAKAN Site in breach of any third-party agreements or proprietary rights;
3. On any loss of your personal information;
4. Any other type of fraud conducted as identified on your part.

 

6. Shipping and Delivery

6.1 We reserve our right to employ and use any of our authorized third-party delivery service provider or logistics partner supported by us for the delivery and shipping of your Products ordered on the eMAKAN Site. All deliveries shall be made on a best-effort basis and we will endeavour to deliver the Products on the estimated dates of delivery as provided in the eMAKAN Site.

6.2 We reserve our right to delay the delivery of the Products in case of Force Majeure which includes, without limitation, the following: (1) bad weather; (2) shipping/transport delays; (3) political disruptions or any other unforeseen events. In case of delay in the delivery of the Products, we may, at our sole discretion, notify you of such delay.

6.3 Notwithstanding the above clause, we shall not incur liability and be held responsible in case of failure or delay in the delivery of the Products including any damage or loss caused to the delivery of the Products.

6.4 We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop and/or cancel any order of Products. We also reserve our right to cancel any order that we may, at our sole discretion, determine to be “bulk orders” (quantity is deemed for reselling or hoarding, not for reasonable personal consumption).

 

7. Intellectual Property

7.1 We reserve our rights, title and interest to all information, content, trademark, logos, intellectual property rights on the eMAKAN Site including the graphics, software application and platform, photos, design and software compilations source code and object code, etc. (collectively referred to as “Intellectual Property”). You agree and confirm that no part of any Intellectual Property rights arising as a result of your use and access to the eMAKAN Site is transferred to you.

7.2 By merely registering to the eMAKAN Site, you shall not obtain rights under this Terms of Use from us or our licensors to the Intellectual Property of the eMAKAN Site, including any related intellectual property rights.

7.3 All Intellectual Property on the eMAKAN Site exclusively belongs either to us or to Merchants and/or any authorized third-party suppliers or partners, as the case may be. Under no circumstance may you infringe on our Intellectual Property rights or of a user or of any other third party while using and accessing the eMAKAN Site.

7.4 You may not use Intellectual Property of the eMAKAN Site including the software licenses and applications utilized to support the eMAKAN Services in any manner or for any purpose other than as expressly permitted by this Terms of Use. Neither you nor any of your permitted users may, or may attempt to:

 

1. modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the eMAKAN Services (except to the extent software included in the eMAKAN Services are provided to you under a separate license that expressly permits the creation of derivative works),
2. reverse engineer, disassemble, or decompile the eMAKAN Services or apply any other process or procedure to derive the source code of any software included in the eMAKAN Services,
3. access or use the eMAKAN Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, or
4. Resell or sublicense the eMAKAN Services.

 

8. Suspension and Termination

8.1 Without prejudice to any of our rights and remedies as provided in this Terms of Use including laws, rules, regulations, including other terms, conditions or any policies as we may impose as necessary, we have the right to unilaterally and immediately suspend, limit, withdraw, revoke or terminate your access to our eMAKAN Site and/or eMAKAN Services upon the occurrence of any of the following:

 

1. Breach of any provision of this Terms of Use in any manner.
2. Breach of any laws, rules, regulations including other terms, conditions or any policies as we may impose as necessary for the use and access of the eMAKAN Site and eMAKAN Services.
3. 3. You fail to reasonably cooperate with our investigation and/or we reasonably believe that your continued access to our eMAKAN Services would expose you or us or our affiliates (including third-party providers) to a material security or regulatory action; or any other events as provided in this Terms of Use or any of our policies as we may amend as necessary.

8.2 You agree that we will not be liable for any claim or compensation directly or indirectly whatsoever to you or to any other person as a result of your suspension or termination of your access and use of the eMAKAN Site.

 

9. Disclaimer

The eMAKAN Site and/or eMAKAN Services are provided “as-is” and “as-available”. We and our affiliates and licensors make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the eMAKAN services or the third-party content, including any warranty that the eMAKAN services or third-party content will be uninterrupted, error-free or free of harmful components, or that any content, including your content or the third-party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, we and our affiliates and licensors disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

 

10. Indemnity and Liability

10.1 To the fullest extent permitted by applicable law and notwithstanding any other provision of this Terms of Use, we, including our authorized third-party providers (including our and their directors, officers, agents, employees, suppliers, subcontractors or licensors) will not be liable to you whether in contract, warranty, tort (including without limitation negligence, whether active, passive or imputed, product liability strict liability or other theory), or other cause of action at law, in equity by statute or otherwise, for:

 

1. Loss of use, loss of profits, loss of revenues, loss of data, loss of goodwill, loss of business opportunities or failure to realize anticipated savings, in each case whether direct or indirect; or
2. Any direct, indirect, incidental, special, consequential or exemplary damages, even if a party has been advised of the possibility of such damages.

In addition to the foregoing, you will defend, indemnify, and hold us harmless including our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, expenses, compensation, reimbursement, or damages (including reasonable attorneys’ fees) arising out of or relating to any third-party claim concerning:

 

1. 1. Your inability to access and use the eMAKAN Site and/or eMAKAN Services, including as a result of any: (1) termination or suspension your use of or access to the eMAKAN Site and/or eMAKAN Services, (2) our discontinuation of any or all of the eMAKAN Services, any unanticipated or unscheduled downtime of all or a portion of the services for any reason, including as a result of power outages, system, server or connection failure, error omission, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros or other interruptions;
2. 2. Breach of this Terms of Use including laws, rules, regulations, including other terms, conditions or any policies as we may amend and impose as necessary; involving alleged infringement or misappropriation of intellectual property rights of any third including the content of your listing defamatory, obscene, slanderous or violates any third-party rights (including privacy rights); or your use of or access to any other website or webpage linked to the eMAKAN Site, even if we or our officers, agents, employees or other authorized third-party providers may have been advised of, or otherwise might have anticipated, the possibility of the same; your reliance on any data or information made available through the eMAKAN Site and/or eMAKAN Services. You should not act on such data or information without first independently verifying its contents; or any investments, expenditures, or commitments by you in connection with your use of or access to the eMAKAN Site and/or eMAKAN Services.

10.2 Notwithstanding the above, if we are found to be liable by competent court, then we and our affiliates, licensors and third-party providers’ aggregate liability will be limited to the lesser of: (a) an amount you actually pay us that gave rise to the claim during the 12 months’ preceding the claim or (b) AED300.

10.3 Any risk of misunderstanding, error, damage, expense or losses arising from the use and access of the eMAKAN Site and/or eMAKAN Services is entirely at your own risk and we shall not be liable.

 

11. Reporting and Notification

In case of you believe that there has been a breach and violation of the Terms of Use, please report and notify us and we will conduct an investigation.

 

12. Miscellaneous

12.1 Modifications. We may modify this Terms of Use at any time by posting a revised version on the eMAKAN Site or by otherwise notifying you. By continuing to use the eMAKAN Services after the effective date of any modifications to this Terms of Use, you agree to be bound by the modified terms. It is your responsibility to check the eMAKAN Site regularly for modifications to this Terms of Use.

12.2 Relationship of the Parties. Nothing contained in these Terms of Use will be deemed or construed by the parties or any third-party to create the relationship of partnership, joint venture, or agency between the parties, it being understood that the parties will, at all times, remain independent parties contracting for eMAKAN Services.

12.3 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Terms of Use where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

12.4 Further Assurances. The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including without limitation assisting each other in complying with applicable law.

12.5 No Third-Party Beneficiaries. This Terms of Use does not create any third-party beneficiary rights in any individual or entity that is not a party to this Terms of Use.

12.6 Notice.

1. To You. . We may provide any notice to you under this Terms of Use by: (1) posting a notice on the eMAKAN Site; or (2) sending a message to the email address associated with your account. Notices we provide by posting on the eMAKAN Site will be effective upon posting and notices we provide by email will be effective the next business day at 9am. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address associated with your account when we send the email, whether or not you actually receive the email.
2. To Us. To give us notice under this Terms of Use, you must contact us as follows: (1) by email to ask@emakan.ae; or (2) by personal delivery, overnight courier or registered or certified mail to c/o eMAKAN PORTAL LLC, Dubai, UAE;

12.7 Language.These Terms of Use shall be made in two (2) languages, Arabic and English,

12.8 No Waivers. The failure by us to enforce any provision of this Terms of Use will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

12.9 Severability. If any portion of this Terms of Use is held to be invalid or unenforceable, the remaining portions of this Terms of Use will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Terms of Use but the rest of the Terms of Use will remain in full force and effect.

12.10 Governing Law, Venue. This Terms of Use and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of United Arab Emirates. Both parties irrevocably agree that the courts of Dubai, UAE (excluding DIFC Court) have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Terms of Use or its subject matter or formation (including non-contractual disputes or claims).
12.11 Entire Agreement. This Terms of Use including any terms, conditions, policies and/or instructions that we may set as necessary is the entire agreement between you and us regarding the subject matter of this Terms of Use. This Terms of Use supersedes all prior representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Terms of Use.