Terms of Sale Applicability
By purchasing any product (“Product”) offered by Smart Communications, its subsidiaries and affiliates (collectively, the “Company,” “we” or “our”) through our websites or online applications that run on smartphones, tablets and other devices which provide dedicated non-browser-based interaction between you and our websites (all of which are collectively called our “Website”), you agree to these terms and conditions of sale (these “Terms of Sale”). We may, at our sole discretion, verify your identity prior to processing a purchase. We may also refuse to process, or may cancel a purchase, as reasonably deemed necessary, to comply with applicable law or to respond to a case of misrepresentation, fraud or known or potential violations of the law or these Terms of Sale. Given the nature of downloadable digital items and the preview before you buy option, we do not generally offer a refund or credit on a purchase unless required under UAE consumer law or other relevant consumer protection laws.
When you attempt to purchase any Product on our App by clicking the “Subscribe” or equivalent option, this constitutes an offer to buy the Product. Your purchase is not complete until we email you to confirm the transaction. We reserve the right to reject your offer and not conclude a sale agreement with you.
- Products sold by the Company will be subject to 5% VAT which will be displayed as inclusive in the price.
- Advertised prices may include shipping and delivery charges. If delivery charges are not included in the advertised price, such costs will be added at checkout, as required.
- Occasionally there may be an error or omission related to the pricing or description of advertised Products. We will use reasonable efforts to correct any errors or omissions as soon as practicable after learning of them. We reserve the right to change, modify, substitute, suspend or remove without notice any information related to items for sale. If we made an error or omission and you have already purchased a Product: (i) if the actual price of the Product is less than the stated price at the time of purchase, we will charge you the lower price; or (ii) if the actual price of the Product is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price.
- If you make a payment for our products or services on our website or in our app, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
- Cardholders must retain a copy of transaction records and merchant policies and rules. You may only pay for Products purchased in our app using a valid credit or debit card.
- We accept payments online using Visa and MasterCard credit/debit card in AED.
Warranties and Other Information
- Unless stated otherwise in the offer’s deal terms, all Products are sold “as is.”
- While we work to ensure that the Product information on the app is correct, we cannot guarantee that Product descriptions are accurate or complete. All information is provided for informational purposes only and we encourage you to read all information that accompanies the Products before use.
Returns and Refunds
Given the nature of downloadable digital items and the preview before you buy option, we do not generally offer a refund or credit on a purchase unless required under UAE consumer law or other relevant consumer protection laws.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR: (a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction
- Any dispute or claim arising out of or in connection with this website or app shall be governed and constructed in accordance with the laws of the UAE, (United Arab Emirates).
- United Arab Emirates is our country of domicile.
- Minors under the age of 21 shall be prohibited to register as a user of this website or app and are not allowed to transact or use the website or app.
- These Terms of Sale and any dispute or claim arising therefrom or related there to (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United Arab Emirates (UAE) without giving effect to any choice or conflict of law provision or rule.
- Any legal suit, action or proceeding arising out of, or related to, these Terms of Sale shall be instituted exclusively in the courts of the UAE, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Sale in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SALE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision. If any provision of these Terms of Sale is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Sale will continue in full force and effect.
You acknowledge that the website and app may include, refer to, or contain content, features, products or services which make reference to alcohol. Such parts of the website and app are intended for the use of only specified persons (Nightlife Section). The Nightlife Section is intended for use by you only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the website or app. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you are therefore not permitted to access the Nightlife Section. You expressly acknowledge and agree that any use of the Nightlife Section in breach of the applicable laws or regulations in your country or residence or in your country of access will be at your sole risk and in no event will the Company or its affiliates, or any of its or their respective licensors or service providers, have any liability arising for or related to such use, whatsoever.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the website or app and any service or material we provide on the website or app, in our sole discretion without notice. We will not be liable if for any reason all or any part of the website or app is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website or app or the entire website or app to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the website or app.
Intellectual Property Rights
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and be viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
- You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
- If you wish to make any use of material on the website or app other than that set out in this section, please address your request to firstname.lastname@example.org
The Company name and trademarks, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website or app, or which, as determined by us, may harm the Company or users of the website or app or expose them to liability.
Additionally, you agree not to:
- Use the website or app in any manner that could disable, overburden, damage, or impair the website or app or interfere with any other party’s use of the website or app including their ability to engage in real time activities through the website or app
- Use any robot, spider or other automatic devices, process or means to access the website or app for any purpose, including monitoring or copying any of the material on the website or app.
- Use any manual process to monitor or copy any of the material on the website or app or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the website or app.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website or app the server on which the website or app is stored, or any server, computer or database connected to the website or app.
- Attack the website or app via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempt to interfere with the proper working of the website or app.
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
- We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the website or app.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website or app.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website or app. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the website or app and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement to email@example.com It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the website or app is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website or user of the app or by anyone who may be informed of any of its contents. The website or app may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on the website or app from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the website or app may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website or App
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. The website and app may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the website or app.
- Send e-mails or other communications with certain content, or links to certain content, on the website or app.
- Cause limited portions of content on the website or app to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the website or app or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website or app.
- Link to any part of the website or app other than the homepage.
- The website or app from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.
- We reserve the right to withdraw linking permission without notice.
- We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
f the website or app contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the website or app, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Access to the website or app may not be legal in certain countries. If you access the website or app in such cases, you do so on your own initiative and are responsible for compliance with the relevant local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website or app will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website or app for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or app or any services or items obtained through the website or app or to your downloading of any material posted on it, or on any website linked to it. Your use of the website or app, its content and any services or items obtained through the website or app is at your own risk. The website and app, its content and any services or items obtained through the website and app are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website and app. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website and app, its content or any services or items obtained through the website or app will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or app or the server that makes it available are free of viruses or other harmful components or that the website or app or any services or items obtained through the website or app will otherwise meet your needs or expectations.The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Governing Law and Jurisdiction
Waiver and Severability
Your Comments and Concerns
The Website and App are operated by: Smart Communications FZ LLC . All notices of copyright infringement claims should be sent to firstname.lastname@example.org
All other feedback, comments, requests for technical support and other communications relating to the website or app should be directed to email@example.com