Terms & Conditions

Last Updated 16 March, 2020

Welcome to [abyat.com] ("Platforms"). Please find below the terms and conditions governing your use of the Web Site. Please take a few minutes to review these terms and conditions (“Terms”) as they apply to your access and use of the Web Site and your visits to and interactions with us at any of our stores or through any services, applications, platforms or tools we make available for use by you (collectively the “Web Site”). Your use of the Web Site constitutes your agreement to and acceptance of these Terms. If you do not accept these Terms then you cannot use the Web Site. ABYAT K.S.C.C. is a company incorporated in the State of Kuwait with Commercial Registration number [*] (“We”, “Us”, “ABYAT”, “Our”)

These Terms and Conditions May Change

We reserve the right to update or modify these Terms at any time, we may provide notice of updates to you in writing to the last address provided, by email, by posting on the Web Site or by any other reasonable means of communication. We also reserve the right, at any time, to modify or update our Privacy Policy in the same manner. You confirm your acceptance of the modifications or updates by continuing to use the Web Site.

Eligibility

You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Web Site and our mobile applications with permission from your parent or legal guardian.

Your Account

You may be required to register with Us in order to access certain services or areas of the Web Site. Our Privacy Policy explains how we protect and use your information. If you create an account, your username and password are for your personal use only and you are responsible for maintaining the confidentiality of your account information (including your password) and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available, We reserve the right, in our sole discretion, to terminate your account, refuse service to you, refuse access to or use of the Platforms or cancel orders. You agree at all times to provide accurate, complete and up-to-date information in connection with your use of the platform and agree not to provide any information which may be false, misleading or disparaging. You further represent and undertake to update information as soon as reasonably necessary to prevent such information from becoming inaccurate, false or misleading.

User Content

You may, from time-to-time, upload, submit, store send and receive content or data in connection or through your use of the Platforms, including comments, reviews, dimensions and measurements. ("User Content").

When you upload, post, submit, send, or receive any User Content to or through the Platform, you are giving us permission to reproduce your content as follows: you grant Us a license to use, host, store, reproduce, modify, create derivative works (such as translations and adaptations) publicly perform, publicly display, and distribute your User Content. This license is for the purpose of operating and improving the Platform and the services offered to you. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others, and we may use your User Content to advertise and promote ABYAT WLL and the Platforms. Our license to your User Content is non-exclusive, meaning you or any others you grant a right to use the User Content. This license is fully-paid and royalty free, meaning you are not entitled to and we do not owe you any monies or compensation in connection with our use of your User Content.

You hereby agree, represent and warrant:

• you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above;
• your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party;
• you will not post anything obscene, immoral, disparaging or anything which would be deemed a violation of law in the jurisdiction which you are accessing the Platforms or in the State of Kuwait;
• you will not post anything misleading, false, or inaccurate.

In addition to the above, we may refuse your User Content or remove your User Content from the Web Site in our sole discretion. We may refuse to accept or transmit User Content for any reason with or without notice. We may remove User Content from the Web Site for any reason with or without notice.

We expressly disclaim any liability for any User Content posted in violation of law, which is harmful or offensive, immoral or disparaging and you agree not to hold us liable in the event you view or upload any User Content in violation of these Terms and Conditions.

Shipping and Processing and In-Store Pick-Up

When using the Web Site, you may request to have your product shipped and delivered to you or have the product picked up in store. There are various charges related to both shipping and in-store pickup related to our costs associated with processing such orders.

Intellectual Property

The Web Site, including all of its information and contents such as photographs, images, text, data, wallpapers, icons, characters, artwork, graphics, page layout, form, music, sound, messages, software and the code used to generate the pages on the Web Site (collectively, the "Materials"), is the property of ABYAT or and is protected by intellectual property and other applicable laws.. Except as otherwise provided on the Web Site or in these Terms, you may not download, upload, copy, print, display, reproduce, publish, license, post, distribute, or otherwise use any Materials from the Web Site in whole or in part for any reason other than for personal purposes without our specific prior written permission. We are the owner of any other registered or unregistered trademarks, trade names, logos, designs, titles and product names appearing on the Web Site, and are the copyright owner or licensee of the Materials on the Web Site, unless otherwise indicated. You may not use any metatags or any other "hidden text" utilizing any of Our names or trademarks without Our express written consent and approval. You may not use any of our Materials in a way which would be reasonably likely to cause confusion to Our Customers and you may not use any of our Materials to disparage or discredit ABYAT or in anyway affect our good-will.

License to Use Web Site

We grant you a personal, limited, non-exclusive, nontransferable license to access and make personal use of the Web Site and the Materials and other information contained on the Web Site. This license does not include any resale or commercial use of the Web Site; any collection and commercial use of any photographs or other Materials published on the Web Site; any non-personal use of Our product names, listings, descriptions, or prices; any derivative use of the Web Site; any downloading, copying, or other use of the Web Site or the Materials for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may use the Web Site only as permitted by law. All rights not expressly granted to you in these Terms are reserved and retained by Us and/or our suppliers and licensors. The licenses granted by Us to you automatically terminate if you do not comply with these Terms. If you do not agree with these Terms you may not use the Web Site. If you do not comply with these Terms, you may not use the Web Site.

You are responsible for your use of the Web Site whether such use is made using your account or a guest account. Our goal is to create a positive, useful, and safe user experience so we prohibit conduct that may be harmful to Us or other users of the Web Site. When you using the Web Site, you may not:

• Violate any law, rule or regulation, regardless of whether those laws, rules or regulations relate to the country where you are accessing the Web Site from, or if those laws, rules or regulations relate to the State of Kuwait;
• Infringe upon, violate, or misappropriate the intellectual property rights of any third party;
• Infringe upon, violate or misappropriate any other legal rights available to Us or any third party
• Post or share any content which is morally offensive;
• Engage in data mining, harvesting, or installation of spyware, malware, viruses or trojans designed to, inter alia, gather data from or harm the system;
• Transmit any viruses or other computer instructions or use any other technological means for purposes of disrupting, damaging or interfering with Our computers or the computers of any other User;
• Attempt to circumvent any technological safeguards implemented by Us or our third-party security providers;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used as part of the Web Site;
• Advocate, encourage or assist any third party to do any of the above.

Open Source

The Web Site may include open source components, which are licensed for use and distribution under applicable open source licenses. Use of any open source components is governed by and subject to the terms and conditions of the applicable open source license.

Hyperlinks to other Web Sites

To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which we do not control and any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource. For the avoidance of doubt, we shall not be held liable for any consequences resulting from your engagement with a hyperlink displayed on the Web Site.

Data Ownership & Privacy

For questions related to Data Ownership, Privacy and our use of Cookies, please review our Privacy Policy which can be found at Cookies & Privacy Policy .

Disclaimer

THIS WEB SITE AND ALL CONTENT AVAILABLE ON THE WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEB SITE THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE, AND ABYAT K.S.C.C. ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEB SITE OR OUR MOBILE APPLICATIONS.

IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ABYAT K.S.C.C. AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEB SITE, OR THE CONTENT OF THE WEB SITE OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE WEB SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ABYAT K.S.C.C.. AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEB SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEB SITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEB SITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEB SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ABYAT K.S.C.C.. OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE WEB SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLE OR WERE FORESEEABLE.

Product Pricing Information

The prices displayed on our Web Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. Web Site prices will be displayed in the local currency of the jurisdiction from which you are accessing the Web Site and Platform. The prices displayed in our printed catalogs offered in store are quoted in Kuwaiti Dinars and are valid and effective only in the State of Kuwait. In the event there is a pricing error displayed on the Platforms or Web Site (an “Incorrect Price”), we reserve the right to cancel any orders placed where such order or item had an Incorrect Price displayed on the item. If we need to cancel an order, we will communicate such need to cancel or adjust the order at the email address provided to us by you.

Special Offers

Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.

Inaccuracy Disclaimer

From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We expressly reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless ABYAT K.S.C.C. and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Arbitration Agreement & Waiver of Certain Rights

You and We agree that any disputes arising out of or in connection with these Terms shall be submitted to and finally resolved by Arbitration in accordance with the DIFC-LCIA Arbitration Rules then in force, which Rules are deemed incorporated by reference into this Clause. The seat, or place of the Arbitration shall be Dubai, United Arab Emirates. The number of Arbitrators shall be 3 and the language used in such Arbitration shall be English. These Terms shall be governed and construed in accordance with the laws of the State of Kuwait.

If any provision of these Terms is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. The arbitrators may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis.