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
3.2 Registration. To access and use the eMAKAN Site and/or Services, you shall register by creating a user account with us.
- 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.
- 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.
4. Your Responsibilities
4.2 For the operation, maintenance, access and use of your account in the eMAKAN Site, you shall be responsible for the following:
- Representing and warranting that:
- You are not impersonating any person or entity, or otherwise misrepresent yourself in association with any person or entity.
- You agree to provide accurate information that includes without limitation mode of payment information for purchasing the Products ordered on eMAKAN Site.
- You warrant that you will not use any payment information or instrument that you do not legally own or authorized to use.
- 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.
- You will not use the eMAKAN Services and eMAKAN Site for fraudulent purposes.
- You will not collect any information about other users which include any of their personal data or information.
- You will not use the eMAKAN Services to violate the privacy of others or to harass other users.
- 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.
- You will not conduct any surveys, contests, or comparisons.
- 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.
- 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
5.2 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.
- If the Products ordered are found counterfeit or refurbished or not to be original;
- If you purchase Products in the eMAKAN Site in breach of any third-party agreements or proprietary rights;
- On any loss of your personal information;
- 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.
7.3 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.
- 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),
- 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,
- access or use the eMAKAN Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, or
- Resell or sublicense the eMAKAN Services.
8. Suspension and Termination
- 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.
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.
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
- 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
- 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. 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;
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