Marks & Spencer UAE L.L.C maintains this Web Site and other Al-Futtaim web sites that are linked to this site (collectively ‘the Site’) and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively ‘Content’), for the use of its customers, employees and members of the general public but only for the lawful purposes described below. Such content is provided as a convenience to its customers and to the general public.
ACCEPTANCE OF CONTRACT TERMS: JURISDICTION
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
The Site is controlled and operated in whole or in part by Al-Futtaim from its offices within the UAE. By accessing the Site you agree that the laws and regulations of the UAE and the Emirate of Dubai without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the Courts of Dubai, UAE. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Al-Futtaim makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal is prohibited. You acknowledge that Al-Futtaim reserves the right in its sole discretion to refuse to terminate access to the Site by you at any time.
COPYRIGHT AND RESTRICTIONS ON USE OF CONTENT
While Al-Futtaim provides the information on this Site to anyone, we retain copyright on all text and graphic images. You acknowledge, having been advised by Al-Futtaim, that the Content is protected in the UAE and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (collectively ‘Rights’). In addition to Al-Futtaim’s Rights in individual elements of the Content, Al-Futtaim or its licensors own a copyright in the selection, coordination and arrangement of the Content.
LIMITATION ON SCOPE OF CONTENT
The Site contains information regarding Al-Futtaim and promotional programmes. The Products described in this Site contain uniquely UAE specifications and are offered for sale in the UAE. The promotional programmes if any described in this site are available only in the UAE or those Emirates as specifically referred to within the description of the programme. The price information contained in or provided through the Site is for information purposes only and does not constitute any offer to sell the products concerned. The actual prices and terms and conditions of sale will be determined by the authorised distributor/dealer of the Products concerned.
TRADEMARKS AND SERVICES MARKS
Al-Futtaim and other trademarks, such as products and service names found on the Site (collectively the ‘Trade Marks’) are owned by Al-Futtaim, its associate companies, suppliers, business associates or third parties and registered in the UAE and/or elsewhere or unregistered. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site, without the written permission of the Trademark owner concerned. The Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of Products on the Site, without prior, written permission of Al-Futtaim.
SUBMISSION AND COLLECTION OF INFORMATION
There are instances where Al-Futtaim requests personally identifiable information from the Site users to provide them with a service or correspondence (promotions and mailed brochures). This information, such as name, mailing address, e-mail address, type of request and possibly additional information, is collected and stored in a manner appropriate to the nature of the data by Al-Futtaim and is used to fulfill your request. Although Al-Futtaim makes every effort to ensure the secure collection and transmission of sensitive user information using industry accepted data collection and encryption methodologies Al-Futtaim does not guarantee the security of any information transmitted to or from the Site or data gathered from the usage of the Site. The information you provide and the data gathered is used by Al-Futtaim to improve the services we provide you. You hereby grant Al-Futtaim an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute any information you send, and agree that Al-Futtaim is free to use any ideas, concepts, know-how or techniques that you send Al-Futtaim for any purpose.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You agree (i) not to use the Site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; (ii) not to interfere or disrupt the Site or any networks connected to the Site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of the Site or any transactions being offered at the Site (iv) not to use the Site to collect or export personal information, including, without limitation, financial information, about other participants at the Site; (v) not to use the services, products associated with the Site for illegal purposes, and (vi) to comply with all regulations, policies and procedures or networks connected to the Site.
DISCLAIMER OF WARRANTY
AL-FUTTAIM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, AL-FUTTAIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF THIRD PARTY RIGHTS.