Terms and Conditions

Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AS THEY IMPOSE LEGAL OBLIGATIONS UPON YOU ARISING THROUGH YOUR CONTINUING TO ACCESS AND USE THIS WEBSITE.  ACCESS TO AND USE OF THIS WEBSITE IS GOVERNED STRICTLY BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE.  PLEASE NOTE IN PARTICULAR THE LIMITATION OF LIABILITY AND EXCLUSION OF WARRANTIES CLAUSES SET OUT BELOW.

Terms and Conditions

1. Introduction

Welcome to the website of Art Jameel LLC (“Art Jameel Shop”), located at the domain and URL https://shop.artjameel.org/store (the “Website”).

 

The Website is a website owned and operated by Art Jameel LLC, a limited company registered in Dubai, United Arab Emirates, a company incorporated and registered in Dubai with its registration number 743215 and whose registered address is at offices 1, 2 and 4 Jaddaf, Bur Dubai, Dubai, United Arab Emirates (the “Company”).  The Company has sole responsibility for the content included on the Website.

 

This webpage (together with the documents referred to in it) informs you of the Terms and Conditions upon which you may make use of the Website, information, services, and content distributed through or in conjunction with or made available on the Website or through any mobile applications, plug-ins, or other means (collectively, the “Services”) is strictly subject to your acceptance of these Terms and Conditions, our Privacy Policy, Cookie Policy, Shipping Policy , Refund Policy, and any other notices or amendments posted through the Services.  Use of the Website includes accessing, browsing, linking to or registering to use the Website.

 

By accessing and using the Services, or any of the information and/or content presented in any areas of the Services, you are acknowledging that you have read and agree to be bound by these Terms and Conditions, our Privacy Policy, Cookie Policy, Shipping Policy, Refund Policy , other notices posted through the Services.

 

You further warrant and covenant that you have the power and authority to enter into this agreement.  If you do not acknowledge and agree with the above, you may not access or use Art Jameel Shop’s content or Services.

 

Each time you use the Website, you confirm you accept these terms of use and you agree to comply fully with them.  If you do not agree to these terms of use, you must not use or access the Website and must leave the Website immediately.

 

Art Jameel Shop shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms and Conditions at any time (“Changes”).  You will be notified of any Changes through a posting on the Website, a notification in the Services, or via email.  Any Changes shall be effective with immediate effect following the posting of such Changes (the “New Effective Date”).  The most recent version of these Terms and Conditions may always be found at here.  You agree to review these Terms and Conditions from time to time and agree that any subsequent use by you of the Services following the New Effective Date shall constitute your acceptance of all such Changes.  If you do not agree to any or all of the Changes, you must stop using the Services immediately.

 

These Terms and Conditions were last modified on 28/10/2020.

2. Purpose of Website

Any and all information and content made available through the Services (“Information and Content”) is provided solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.

3. Remedies for Violations

Art Jameel Shop reserves the right to seek all remedies available at law and in equity for violations, or for suspected violations, of these Terms and Conditions, including but not limited to the right to block access from a particular IP address to the Services and their features.

4. License of Your Content to Art Jameel Shop

By uploading, posting, transmitting, sharing, or otherwise disclosing through the use of the Services, any information or content, or submitting any materials for use on the Services, you grant (or warrant and represent that you have procured that the owner of such rights has expressly granted to) Art Jameel Shop or its designee a perpetual, royalty-free, irrevocable, fully-paid, non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, sublicense, translate, reformat, create derivative work(s) or adaptation(s) from, and distribute such information, content, and/or materials and that as applicable all moral rights associated with any of the foregoing has been duly waived to the extent possible at law. Art Jameel Shop retains the right, at its absolute discretion, to edit or remove any information, comments, messages or other content posted or delivered by any user or visitor to the Website.

 

5. DISCLAIMER

THE SERVICES AND ALL INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ART JAMEEL SHOP, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. ART JAMEEL SHOP DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO: (I) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES AND ALL INFORMATION AND CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (II) ANY THIRD PARTY WEBSITES OR THIRD PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (III) THE UNAVAILABILITY OF THE SERVICES, INFORMATION AND CONTENT, OR ANY PORTION THEREOF; (IV) YOUR USE OF THE SERVICES OR RELIANCE ON ANY INFORMATION AND CONTENT; (V) PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON’S, COMPUTER AS A RESULT OF USING THE SERVICES, OR; (VI) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.

 

ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. ART JAMEEL SHOP DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS IN THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SOFTWARE, INFORMATION AND CONTENT, OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.  AS A VISITOR TO THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AND CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.

 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ART JAMEEL SHOP BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. ART JAMEEL SHOP SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, LOSS OF GOODWILL AND LOSS OF BUSINESS OPPORTUNITY, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH: (I) THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN; (II) YOUR PARTICIPATION OR RELIANCE ON ANY INFORMATION AND CONTENT ACCESSED IN CONNECTION WITH THE SERVICES; (III) ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.

 

TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, ART JAMEEL SHOP’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE VALUE OF ANY ORDER PLACED FOR ITEMS VIA THE APPLICATION TO WHICH A CLAIM MAY RELATE OR FOR ALL AND ANY OTHER CLAIMS THAT MAY ARISE IN CONNECTION (WHETHER DIRECTLY OR INDIRECTLY WITH THE USE OF THE SERVICES SHALL BE LIMITED TO AED100.

 

6. Service Modifications

You acknowledge and agree that Art Jameel Shop reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) the Services and/or any associated services, Information And Content, or technical specifications with or without notice to you, and that Art Jameel Shop will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.

7. Privacy and Personal Information

You acknowledge that you have read and agree to all of the terms and conditions of Art Jameel Shop’s Privacy Policy, and that you agree to the incorporation of the Privacy Policy into these Terms and Conditions.

8. Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is inherently not secure, and is subject to possible loss, interception, or alteration while in transit.  Accordingly, Art Jameel Shop does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of email with Art Jameel Shop containing your personal information.  While Art Jameel Shop shall take commercially reasonable efforts to safeguard the privacy of the information you provide to Art Jameel Shop and shall treat such information in accordance with Art Jameel Shop’s Privacy Policy, in no event will the information you provide to Art Jameel Shop be deemed to be confidential, create any fiduciary obligations to you on Art Jameel Shop’s part, or result in any liability to you on Art Jameel Shop’s part in the event that such information is inadvertently released by Art Jameel Shop or accessed by third parties without Art Jameel Shop’s consent.

9. Proprietary Rights

“Art Jameel Shop”, “Art Jameel Shop.com”, the Art Jameel Shop logo, and other identifying marks of Art Jameel Shop are and shall remain the trade-marks or registered trade-marks and trade names and exclusive property of Art Jameel Shop, and any unauthorized use of these marks is unlawful.  Other trade-marks on the Services are the property of their respective owners.  All content in the Services, including without limitation all programs, compiled binaries, interface layout, interface text, documentation, and graphics, is the copyrighted property of Art Jameel Shop and is protected by international copyright law. The Information and Content may be used by you only for your personal, non-commercial use. Any rights not expressly granted to you are reserved by Art Jameel Shop.

10. Indemnification by User

You agree to indemnify, defend, and hold Art Jameel Shop and Art Jameel Shop’s affiliates, business partners, officers, directors, employees, and agents harmless from any loss, liability, claim, action, suit, demand, damage, or expense (including reasonable legal fees, costs of investigation and court costs) asserted by any third party relating in any way to, or in respect of, your use of the Services, any third party applications, software, information, content, and/or materials you post or share on or through the Services, or breach of these Terms and Conditions.  Art Jameel Shop reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Any hypertext links or pointers to third party websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by Art Jameel Shop of: (I) the organisations that operate such websites; (II) the information, content, privacy policies or other terms of use on such websites; or (III) such third party products and services.

As Art Jameel Shop has no control or responsibility over, and does not investigate, monitor, or check for accuracy third party websites or information and/or content maintained by other organisations, or for products and services offered by third parties, and Art Jameel Shop does not assume any liability for your use of any of the foregoing.  If you decide to exit the Services and access third party websites, you acknowledge and agree that you do so at your own risk and without any liability on the part of Art Jameel Shop.

11. Unlawful Activity

Art Jameel Shop reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any action Art Jameel Shop deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information.

Art Jameel Shop may decline to provide access to the Website and to the Services to any users at its absolute discretion.

12. General

These Terms and Conditions explicitly incorporate by reference all notices and disclaimers contained in the Services, including but not limited to the Privacy Policy, Cookie Policy, Shipping Policy, Refund Policy, other notices posted through the Services and, except for any agreements with Art Jameel Shop that expressly reference these Terms and Conditions, constitute the entire agreement between you and Art Jameel Shop with respect to access to, and use of, the Services.  Except as specifically set forth herein, these Terms and Conditions supersede any prior agreements, including prior oral and/or written statements or representations not contained herein, between you and Art Jameel Shop relating to the Services.  This agreement is not intended to create a partnership, joint venture or agency relationship between you and Art Jameel Shop.

If any provision of these Terms and Conditions is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable.  In such a case, the remaining provisions of these Terms and Conditions shall be construed in a manner as to give greatest effect to the original intention of the parties hereto.  Art Jameel Shop’s failure to insist upon, or enforce, strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms and Conditions.  You agree that these Terms and Conditions, Art Jameel Shop’s Privacy Policy, Cookie Policy , Shipping Policy, Refund Policy, other notices posted through the Services have been drawn up in English.  Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete.  Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall prevail.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.

If any dispute or claim arises out of, relating to or having any connection with these Terms and Conditions or in any way relates to your use of any of the Services, or to any products or services sold or distributed by Art Jameel Shop or on the Website (a “Dispute”) qualifies for determination through the DIFC Small Claims Tribunal (“SCT”), then the SCT shall have exclusive jurisdiction to settle any such Dispute. For Disputes that do not qualify for determination through the SCT, the courts of the DIFC shall have exclusive jurisdiction to settle such Dispute and each party submits to the exclusive jurisdiction of the courts of the DIFC. For the purposes of this section, you waive any objection to either the courts of the DIFC or the SCT, as applicable, on the grounds that either of them is an inconvenient or inappropriate forum to settle any Dispute.

13. Force Majeure

In addition to applicable disclaimers stated above, Art Jameel Shop’s performance under these Terms and Conditions shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, flood, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labour disputes or controversies, pandemics, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.

14. Contact

If you have any questions or concerns about the Website, Services, or these Terms and Conditions, please feel free to contact us at [email protected]

 


 

Art Jameel