General

Welcome to our website. This website, https://ashasme.com/ (the “Web Site“) is provided by M. H. Alshaya Co. WLL, a company registered in Kuwait under company number 2070 with its registered office at at P.O. Box 181, Safat 13002, Kuwait (“Alshaya“). Access to, the viewing of or the use of any content, information, data, feature, product or service or part(s) thereof that are made available, accessible by or through any part or parts of or distributed in conjunction with the Web Site (the “Content“) by any user shall be governed by the following terms of use (“Terms of Use”). Access to or the use of the Web Site or the Content is offered to you on your acceptance of these Terms of Use and our Privacy Policy, as well as any other notices or policies posted on the Web Site or incorporated by reference into these Terms of Use from time to time. By accessing or using the Web Site or the Content you acknowledge and agree to these Terms of Use, our Privacy Policy and any other notices or policies posted hereto. If you do not agree to be bound by and comply with all of the foregoing, you may not access the Web Site.

Limited License

Subject to the terms and conditions set forth in these Terms of Use, Alshaya grants you a non-exclusive, non-transferable, limited right to access and make personal use of the Web Site and the Content, but not to download (other than page caching) or modify it, or any portion of it.

Certain Disclaimers

The Web Site and the Content and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible through or distributed in conjunction with the Web Site is intended to provide general information about our business which may be of general interest to you and is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or any other uses by you in any form or manner whatsoever, other than as set forth in these Terms of Use. Neither the Web Site nor the Content should be used or relied upon for any other purpose.
The Web Site and the Content and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible at or distributed in conjunction with the Web Site may contain inaccuracies, typographical errors or other clerical errors. Accordingly, Alshaya gives no representation, warranty, or guarantee (and expressly disclaims responsibility) with respect to the accuracy, timeliness, reliability or completeness of the Web Site, the Content or any and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible through or distributed in conjunction with the Web Site.

Disclaimer of Warranty

The performance or display of the Web Site, the Content and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible at or distributed in conjunction with the Web Site are provided to you on an “as is”, “where is”, “as available” basis and without any warranties. Alshaya makes no representation, warranty or guarantee of any kind whatsoever, including, without limitation, any express or implied warranties or warranties of merchantability, fitness for a particular purpose, non-infringement of the rights of third-parties with respect to the Web Site or the Content or any and all similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible through or distributed in conjunction with the Web Site. You agree that Alshaya shall also not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, internet access providers, hardware, software, or any combination thereof including any injury or damage to your or any other person’s device as a result of using the Web Site.

Limitation of Damages

You acknowledge and agree that any access to, use of, or reliance upon, by you, in whole or in part, of the Web Site or the Content or of any similar content made available or accessible in connection with any website(s) or internet based interface or portal accessible at or distributed in conjunction with the Web Site shall be entirely at your own risk. In no event shall Alshaya or any of its affiliates be liable to any person, legal or natural, for any direct, indirect, consequential, incidental, special, exemplary damages or any other damages (including, without limitation, any loss of profits, business interruption, loss of hardware, computer systems, information or programs, or other data on your system, etc.) that are related to the performance, access to, the use of or the inability to access or use the Web Site or any website, portal or interface linked from, within or to it, or the Content even where Alshaya has been advised of the possibility of such damages.

User Conduct and Obligations

You agree to follow all applicable international and/ or domestic laws and regulations when using the Web Site. Furthermore, you agree that you shall not or shall not attempt to do any of the following, except with the prior express written consent of Alshaya:

• disrupt, place unreasonable burdens or excessive loads on, interfere with, interrupt or attempt to gain unauthorised access to any
portion of the Web Site, its computer systems, servers or networks;
• sell access to the use of the Web Site or the Content;
• redistribute the Content in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
• intentionally alter the format in which the Web Site or the Content is displayed;
• embed or import the Content into any information services (whether or not web-based), data files or application software;
• reproduce any portion of the Web Site or the Content; and
• undertake any other practice or activity the purpose or effect of which is to adversely affect the Web Site or the Content.
If you are under 21, you may use https://alshaya.com/ only with the involvement and express permission of a parent or guardian.

Third-Party Content / Third Parties

The Web Site may display or make available certain content or data derived from third-parties, including articles, analyst reports, or links or pointers to other websites, portals or interfaces or content, including information or data displayed therein, including references to features, products and services offered by third parties (“Third-party Content”). Third-party Content is not created, approved or endorsed by Alshaya and is made available or accessible through the Web Site for general informational purposes only. All Third-party Content is obtained from sources believed to be reliable; however, no representation, warranty or guarantee is made by Alshaya as a result of the display, availability or accessibility of Third-party Content through the Web Site as to its accuracy, completeness or timeliness. You agree not to hold Alshaya liable in any manner with respect to the display of, your reliance on, use of or inability to use such Third-party Content. You acknowledge and agree that your business dealings (including payment for and delivery of any related goods and services) with any third party(ies) or non-affiliates of Alshaya referred to or displayed through the Web Site are solely as between you and such party(ies).

You acknowledge that in such dealings Alshaya is not the seller or vendor and your agreement of purchase for products or services with any such party(ies) is solely between you and such party(ies) and not Alshaya. Alshaya assumes no responsibility whatsoever for any charges, losses, liabilities or damages that you or any user of your account incurs in connection with any such dealings or the making or completing of transactions with any such party(ies).

Social Networking Sites

These Terms & Conditions also govern any submissions you make on any Alshaya related third party website or page such as Facebook pages, Instagram, Twitter, YouTube or other social networking sites. All comments, images, videos and any other type of material posted on any third party social networking sites do not necessarily reflect the opinions or ideas of Alshaya or its employees and Alshaya is not responsible for any such content. In any event, all material posted on any third party social networking sites must comply with these Terms & Conditions and the third party social networking sites’ own terms of use, as applicable.

Proprietary Rights

All of the Web Site and the Content is protected by applicable, international copyright laws and treaty provisions. By using, or accessing the Web Site or the Content, you agree to comply with all applicable copyright laws. All identifying marks of Alshaya are and shall remain the trade-marks, marks and trade names and or otherwise the exclusive intellectual property of Alshaya. Any unauthorised use of these marks, intellectual property or of any of the rights associated therewith or derived therefrom is unlawful. All other trade-marks or intellectual property rights on this Web Site are the property of their respective owners. Alshaya does not grant any express or implied rights with respect to any trade-marks, copyrights or any other form of intellectual property, content or data and any such rights not expressly granted to you are reserved by us or their owner.

Indemnity

You agree to indemnify, defend and hold us and our affiliates, partners, subsidiaries, officers, directors, employees and agents harmless immediately on demand, from and against all loss, liability, claim, demand, judgment, damages, expense or other loss (including reasonable legal fees) asserted by or awarded to any third party and relating to your access to or use of the Web Site or the Content. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Limitation of Liability

While we will use reasonable endeavours to verify the accuracy of any information we place on our website, we make no warranties, whether express or implied in relation to its accuracy or in relation to any transaction that may be conducted on or through the website (including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade). To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products shown on our website. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms & Conditions for:

• any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• any loss of goodwill or reputation; or
• any special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms &Conditions.
Nothing in these Terms & Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Changes

Alshaya shall have the right, in its sole discretion, to correct, limit, modify, change, add, remove, discontinue or suspend the Web Site or the Content, terms or conditions of these Terms of Use or any policy or notice or any part(s) thereof without notice or liability to you. Any such changes shall be effective immediately following the posting or making of such change(s). You agree that any subsequent access to or use of the Web Site shall constitute your acceptance of all such changes. Alshaya may also impose limits on certain features and services of the Web Site or restrict your access to any part(s) or the whole of the Web Site without notice or liability to you. Alshaya may terminate the authorization, rights and license given above and, upon such termination you shall not and shall not attempt to access or use the Web Site or the Content.

Third party rights

Only you and Alshaya shall be entitled to enforce these Terms of Use. No third party shall be entitled to enforce any of these Terms of Use.

International Users and Choice of Law

The Web Site is operated and administered by Alshaya from its offices within the State of Kuwait. Alshaya makes no representation or other commitment that the Web Site or the Content is appropriate for use or access in or from locations, territories or jurisdictions other than the State of Kuwait. If you access the Web Site from a location outside of the State of Kuwait, you are responsible for compliance with all applicable local laws.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kuwait, without giving effect to its conflict of laws provisions. You agree that the appropriate court in the State of Kuwait will have the exclusive jurisdiction to resolve all disputes arising under these Terms of Use, and you consent to the exclusive jurisdiction of the courts of the State of Kuwait and venue and situs in the State of Kuwait.

Invalidity / Waiver

If any provision(s) of these Terms of Use or any part(s) thereof is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions or part(s) thereof shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

Contact

If you have any questions about the Web Site or these Terms of Use, please feel free to contact us at [email protected]