Terms of Service

TERMS OF SERVICE

 

Thank you for visiting and shopping at Altura Enterprises W.L.L (the “Company”).  Following are the terms and conditions that govern use of the Service (“Terms and Conditions”), which should be read carefully before using the Service.

1.                Definitions and Interpretation

1.1.           Definitions

For the purposes of these Terms and Conditions, the following words and expressions have the following meanings:

Affiliate(s)

an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account

a unique account created for You to access our Service or parts of it.

Country

the Kingdom of Bahrain.

Device

any device that can access the Service, such as a computer, a smartphone or a digital tablet

Feedback

suggestions, comments, or other input sent by You regarding the attributes, performance or features of our Service.

Goods

any item(s) offered for sale through the Service.

Orders

a request made by You to purchase Goods from the Company via the Service.

Promotions

any contests, sweepstakes or other promotions offered through the Service.

Service

the Website.

Third-party Social Media Service

any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available through the Service.

Website

www.alturaenterprise.com

You

the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable

 

1.2.           Interpretation

All capitalised terms shall have specific meanings as defined above, unless otherwise defined, regardless of whether they appear in singular or in plural.

2.                Use of Service

2.1.           Acceptance Terms of Service

(a)           These Terms and Conditions

(i)         govern use the Service and form a legally binding agreement that operates between You and the Company;

(ii)       set out the rights and obligations of all users regarding the use of the Service; and

(iii)     apply to all visitors, users and others who access or use the Service.

(b)           Your access to and use of the Service are conditioned upon Your acceptance of and compliance of these Terms and Conditions.

(c)           By accessing or using the Service You agree to be bound by these Terms and Conditions.

(d)           If You do not agree with any part of these Terms and Conditions then You may not access or use the Service. Continued use of the Service is deemed acceptance of these Terms and Conditions.

(e)           Your access to and use of the Service are subject to your acceptance of and compliance with the Company’s Privacy Policy of. The Privacy Policy explains how we collect, use, and disclose your personal information when you use the Service, as well as your privacy rights and how the law protects you. Please read the Privacy Policy carefully before using our Service.

2.2.           User Accounts

(a)           When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms and Conditions, which may result in immediate termination of Your account on the Service.

(b)           You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with the Service or a Third-Party Social Media Service.

(c)           You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

(d)           You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

2.3.           User Representation and Warranties

You represent and warrant that:

(a)           You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order;

(b)           the information You provide to us is true, correct and complete; and

(c)           you are over the age of 18 years old. The Company does not permit those under 18 to use the Service.

2.4.           Changes to These Terms and Conditions

(a)           The Company reserve the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material the Company will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the Company’s sole discretion.

(b)           By continuing to access or use the Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

3.                Acceptance and Acknowledgments

3.1.           Availability, Errors and Inaccuracies

You accept and acknowledge that:

(b)           The Company is constantly updating the offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and the Company may experience delays in updating information regarding our Goods on the Service and in the advertising on other websites.

(c)           The Company cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. The Company reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

3.2.           Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

4.                "As Is" and "As Available" Disclaimer

4.1.           The Service is provided to You "As Is" and "As Available", with any and all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

4.2.           Without limiting the foregoing, neither the Company nor any of its service providers makes any representation or warranty of any kind, express or implied:

(a)           as to the operation or availability of the Service, or the information, content, and materials or products included thereon;

(b)           that the Service will be uninterrupted or error-free;

(c)           as to the accuracy, reliability, or currency of any information or content provided through the Service; or

(d)            that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

4.3.           Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

5.                Placing Orders for Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

5.1.           Your Information

(a)           If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation:

(i)         Your name;

(ii)       Your email;

(iii)     Your phone number;

(iv)      Your credit card number;

(v)       the expiration date of Your credit card;

(vi)      Your billing address; and

(vii)    Your shipping information.

(b)           By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

6.                Order Cancellation

6.1.           Cancellation by the Company

The Company reserve the right to refuse or cancel Your Order at any time including, but not limited to, the following reasons:

(a)           Goods unavailability;

(b)           Errors in the description or pricing of Goods;

(c)           Errors in Your Order;

(d)           Suspected fraud or unauthorized transactions.

6.2.           Cancellation by You

The Company’s Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.

7.                Pricing and Payments

7.1.           Prices

(a)           The Company reserves the right to modify or revise its prices at any time prior to accepting an Order.

(b)           The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

7.2.           Payments

(a)           All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard.

(b)           Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, the Company will not be liable for any delay or non-delivery of Your Order.

8.                Promotions

8.1.           Any Promotions made available through the Service may be governed by rules that are separate from these Terms and Conditions.

8.2.           If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

9.                Intellectual Property

9.1.           The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

9.2.           The Service is protected by copyright, trademark, and other laws of both Bahraini and international copyrights laws.

9.3.           The Company’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

10.             Product Warranty

10.1.        Warranty terms for Goods are determined by the manufacturer of said Goods and are not within the Company’s control.

10.2.        Warranty coverage may be void if Goods are damaged and/or broken after purchase.

10.3.        To be covered under warranty, Goods must be returned within the warranty period specified by the manufacturer. You are responsible for providing a copy of the receipt proof of the purchase date.

10.4.        Repairs to Goods after the warranty period has expired may incur additional charges.

10.5.        For more details on warranty coverage and product-specific terms, please contact the Company before making a purchase.

11.             Links to Other Websites / Third-Party Links

11.1.        The Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

11.2.        The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

11.3.        The Company strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

12.             Termination

12.1.        The Company may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.  Upon termination, Your right to use the Service will cease immediately.

12.2.        If You wish to terminate Your Account, You may simply discontinue using the Service.

13.             Limitation of Liability

13.1.        Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service. This limitation serves as Your exclusive remedy for any claims related to the Service.

13.2.        To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms and Conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

13.3.        Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages.  In such cases, liability will be limited to the maximum extent permitted by law.

14.             Miscellaneous

14.1.        Governing Law

These Terms and Conditions shall be governed by the laws of the Country.

14.2.        Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute amicably by contacting the Company.  If the matter cannot be resolved through mutual discussion and agreement, You agree to resolve any dispute by binding arbitration in accordance with the rules of the Country.  The arbitration shall take place in the Country, and the decision of the sole arbitrator shall be final and binding on both parties. Each party shall bear its own costs and expenses of the arbitration.

14.3.        United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

14.4.        Severability and Waiver

(a)           If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

(b)           Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms and Conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.