Terms & Conditions

1. ACCEPTANCE OF TERMS

1.1 The following terms and conditions govern all use of www.salamakhalfan.com website (the “Site”) and the services available at the Site (taken together, the “Service”). The Service is owned and operated by Salama Khalfan LLC (“Salama Khalfan”). The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Salama Khalfan (collectively, the “Terms of Use”).

1.2 Salama Khalfan reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

2. ABILITY TO ACCEPT TERMS OF USE

2.1 You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

3. SITE ACCESS

3.1 You are responsible for all access to the Site using your internet connection, even if the access is by another person.

3.2 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Site.

4 ACCESS TO SITE OUTSIDE OF UAE

4.1 We make no promise that the materials on the Site are appropriate or available for use in locations outside UAE. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

5 YOUR USE OF THE SITE

5.1 Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:

5.1.1 Use the Site for any fraudulent or unlawful purpose;

5.1.2 Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;

5.1.3 Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;

5.1.4 Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;

5.1.5 Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;

5.1.6 Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;

5.1.7 Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;

5.1.8 Frame or mirror any part of the Site without our express prior written consent;

5.1.9 Create a database by systematically downloading and storing Site content;

5.1.10 Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.

5.1.11 We reserve the right to revoke these exceptions either generally or in specific instances.

6 REGISTRATION

6.1 As a condition to using the Service, you may be required to register with Salama Khalfan and select a password and screen name (“Salama Khalfan User ID”). Your Salama Khalfan User ID cannot be changed, so please select one carefully. You shall provide Salama Khalfan with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You must ensure that your account with Salama Khalfan contains (at all times) a valid email address. In addition, you shall not (i) select or use as an Salama Khalfan User ID a name or email address of another person with the intent to impersonate that person; (ii) use as an Salama Khalfan User ID a name or email address subject to any rights of a person other than you without appropriate authorization; or (iii) use as an Salama Khalfan User ID a name or email address that is otherwise offensive, vulgar or obscene. Salama Khalfan reserves the right to refuse registration of, or cancel, a TMC User ID in its sole discretion. You are solely responsible for activity that occurs on your account and for maintaining the confidentiality of your password. You shall never use another user’s account without such other user’s express permission. You shall never transfer or assign your account to any third party. You will immediately notify Salama Khalfan in writing of any unauthorized use of your account or other account- related security breach of which you are aware.

6.2 You shall only have one (1) account with the Service (which, for clarity, means that you will not register (or attempt to register) for more than one (1) account); provided that, within such personal account with the Service you may be able to open sub-accounts.

7 FEES; PAYMENT; RETURN POLICY

7.1 Certain products offered by (or on behalf of) Salama Khalfan through the Site will require payment by you (“Products”). You shall pay all applicable fees, as described on the Site, in connection with the Products selected by you. All fees are in Arab Emirates Dirhams unless stated otherwise by Salama Khalfan on the Site. Payment can be made by Visa, MasterCard, or bank transfer and any other methods which may be clearly advertised on the Site from time to time. Salama Khalfan reserves the right to change its prices (and to institute new charges) for the Products at any time. Purchases by you following the posting of such changes on the Site constitutes your acceptance of any new or increased charges.

7.2 For orders to be shipped outside of UAE, product prices displayed are exclusive of all taxes and duties. As the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are shipping to. Import duty or tax costs will be invoiced to you directly, and payment of these is necessary to release your order from customs on arrival. We are unable to advise the amount this may be.

7.3 Purchases are subject to Salama Khalfan Customer Care policy.

8 ORDERS

8.1 All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

8.2 Salama Khalfan offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers. You may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

8.3 If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

8.4 Salama Khalfan will store a record of your transactions for a minimum of one year.

9 ACCEPTANCE OF YOUR ORDER

9.1 Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

9.2 Unless you cancel your order, acceptance and completion of your order will be completed when we email you to confirm the goods have been dispatched. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of Salama Khalfan.

9.3 We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or is withdrawn, or that you do not meet the eligibility criteria set out within the Terms of Use.

9.4 We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

10 PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

11 PRIVACY

11.1 Your personal Salama Khalfan account information is protected by a password for your privacy and security. You need to ensure that there is no unauthorized access to your account and personal information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.

11.2 Salama Khalfan endeavors to protect user information to ensure that user account information is kept private, however, Salama Khalfan cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

12 THIRD PARTY WEBSITES

12.1 The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.

12.2 You may create a link to this Site, provided that:

12.2.1 The link is fair and legal and is not presented in a way that is:

12.2.1.1 Misleading or could suggest any type of association, approval or endorsement by us that does not exist, or

12.2.1.2 Harmful to our reputation or the reputation of any of our affiliates

12.2.2 You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.

12.3 We reserve the right to require you to immediately remove any link to the Site at any time and you shall immediately comply with any request by us to remove any such link.

13 INTELLECTUAL PROPERTY

13.1 You agree that all content and materials delivered via the Service or otherwise made available by Salama Khalfan at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Salama Khalfan in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, you may print or download a reasonable number of copies of the materials or content at this Site for your own informational purposes; provided, that you retain all copyright and other proprietary notices contained therein. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, database or directory without written permission from Salama Khalfan is prohibited.

13.2 Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Salama Khalfan. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. Any rights not expressly granted herein are reserved.

13.4 Salama Khalfan as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by The Mindful Company Pte. Ltd. or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.

14 LIMITATION OF LIABILITY

14.1 We provide the Site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:

14.1.1 All conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use; and

14.1.2 Any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

14.2 The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under UAE law.

15 INDEMNIFICATION

15.1 You agree to defend, indemnify and hold harmless Salama Khalfan, its affiliates and their employees, contractors, officers, directors and representatives from all liabilities, claims and expenses, including attorneys' fees, that arise from your use or misuse of the Service.

16 INTERNATIONAL USE

Salama Khalfan makes no representation that the content is appropriate or available for use in locations outside the UAE, and accessing the Service is prohibited from territories where such content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

17 COLLECTION OF PERSONAL INFORMATION

We may collect and use information about you in accordance with our Privacy Policy.

18 DURATION OF TERMS

These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

19 INTEGRATION AND SEVERABILITY

These Terms of Use are the entire agreement between you and Salama Khalfan with respect to the Service and use of this Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Salama Khalfan with respect to this Site (but excluding the use of any software which may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

20 MISCELLANEOUS

These Terms of Use and the Service contemplated hereunder are personal to you, and are not assignable, transferable or sub-licensable by you except with Salama Khalfan’s prior written consent. Salama Khalfan may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment relationship is created as a result of this agreement and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under this agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

21 GOVERNING LAW

These Terms of Use will be governed by and construed in accordance with the laws of UAE, and the courts of Dubai will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.

22 CONTACT

You may contact Salama Khalfan at: [email protected]