1. DEFINITIONS

1.1 For the purpose of the present Terms of Use, the following terms shall have the following meanings:

Agreement refers to any agreement signed between MA SELECTION and a User, including specific provisions in relation with the services.

 

Force Majeure Event is defined in clause 4.1.

 

Website refers to MA SELECTION’s operating system and website or plate form.

 

MA SELECTION Invoice refers to an invoice issued by MA SELECTION to the User which encompasses the cost of the Products, the delivery if applicable and the remuneration of MA SELECTION.

 

User refers to the respective user of the internet portal and Platform of MA SELECTION (www.maselection-me.com including all other sub-, alias- and alternate domains) and any of his representation affiliates, branches, sister companies, etc.

 

1.2 Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.

2. ACCEPTING THESE TERMS OF USE

2.1 MA SELECTION agrees to grant access to the User subject to the terms and conditions of these Terms of Use (hereinafter also “Terms”). The User agrees that the use of the Website is indicative of acceptance of these Terms. Should the User not agree or comply with (or cease to agree or comply with) any provisions of these Terms, he must immediately cease using the Website.

 

2.2 The User understands that the use of the services offered by MA SELECTION is subject to registration process of the User. If he does not accept the registration, the User may not access or use the services of the Website in its entirety. If a User agrees to the Terms of Use and/or to the Agreement on behalf of an entity, he represents and warrants that he has the authority to bind that entity. In that event, “User”, “he” and “his” will refer and apply to that entity and to the representative.

 

2.3 The access to and use of the Platform is also governed by information, guidelines and policies made available on the Website. In case of any conflicts between these Terms, the Website or the Policy, these Terms shall prevail.

 

2.4 In particular, the User consents to and acknowledges that he is participating in a transaction process by using the Website. This may result in an obligation of confidentiality and privacy, as well as in the submission of personal and private information that will be reviewed and shared by people involved in the process.

 

2.5 MA SELECTION may revise these Terms at any time by adding, modifying or deleting terms. The new Terms shall be binding immediately after the updated version has been uploaded to the Website, or as the case may be, communicated to the User by email to the registered email address associated with the User’s Account or by any other way or when the User expressly agrees to the new Terms or a version of these Terms incorporating the changes, whichever comes first.

3. TERMINATION

3.1 MA SELECTION reserves the right to terminate these Terms, the subsequent Agreement if any and the User Account (including username and password) in the following cases:

 

  1. If for any reason MA SELECTION decides to discontinue providing the services, by providing at least a 3 (three calendar days’ notice (which may be provided by email or any other mean);
  2. If the User has breached any of the terms of these Terms, immediately without notice;
  3. If the use of the services by the User has been in any way improper or in breach of the spirit of these Terms, immediately without notice; or
  4. If the User has passed away or been declared bankrupt, immediately without notice.

 

3.2 The User may terminate these Terms, the subsequent Agreement if any and his Account (including his username and password) at any time by sending an email; the termination shall then occur within 7 (seven) calendar days after receipt of the same on MA SELECTION’s Website.

 

3.3 Termination of these Terms is without prejudice to and does not affect the accrued rights or remedies of MA SELECTION and/or the User arising in any way out of these Terms up to the date of expiry or termination.

4. FORCE MAJEURE

4.1 A Force Majeure Event includes, but is not limited to, the following:

  1. any act, event or occurrence (including without limitation any strike, riot or civil unrest, act of terrorism, war, industrial action, acts and regulations of any governmental or supra national bodies or authorities) that, in MA SELECTION’s opinion, prevents MA SELECTION from offering the services; or
  2. any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; or
  3. the failure of any relevant supplier, or partner or third party in relation to the operation of the Platform or the performance of the services.

 

4.2 If a Force Majeure Event exists, MA SELECTION may without notice and at any time, acting reasonably, take one or more of the following steps:

  1. suspend or modify the services; and/or
  2. suspend or modify the application of all or part of these Terms to the extent that the Force Majeure Event makes it impossible or impracticable for MA SELECTION to comply thereto.

 

4.3 The User agrees that MA SELECTION will not be liable in any way to him or to any other person in the event of a Force Majeure Event, nor for its actions pursuant to this provision and these Terms if MA SELECTION decides to take such action or decides to terminate the relation with a User, either permanently or temporarily. MA SELECTION and/or the User shall be released of all responsibilities for partial or full non-fulfilment, as well as for improper fulfilment of the obligations under these Terms, if such non-fulfilment or improper fulfilment was a result of a Force Majeure Event.

5. LIMITATION OF LIABILITY

5.1  The User agrees that he uses the Website at his own risk.

 

5.2  The User acknowledges that MA SELECTION is not responsible for the conduct or activities of any User and that MA SELECTION is not liable for such under any circumstances.

 

5.3  In no event will MA SELECTION, its affiliates, licensors, providers, employees, agents, officers or directors be liable, under any legal theory, for any kind of damages (direct, indirect, special, incidental, consequential or punitive), including but not limited to loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss, arising out of or in connection with the User’s access to, use of, or inability to use the Website or any content, any websites linked to it, whether caused by breach of contract, tort (including negligence), warranty or otherwise and whether or not MA SELECTION knew or should have known of the possibility of such damage.

6. INDEMNITY

The User agrees to indemnify MA SELECTION for any loss, damage, cost or expense that MA SELECTION may suffer or incur with respect to third parties as a result of or in connection with the User’s use of or conduct in connection with the Website, including any breach by the User of these Terms.

7. PLATFORM PROHIBITED USE

7.1  The User declares that he has the ability to use the Website, and that he is in full compliance with all requirements thereunto pertaining. The User expressly exempts and indemnifies MA SELECTION from any liability for damages that may arise as a result of any violation of all applicable rules, laws and regulations.

 

7.2  The User may not combine any mechanism, software, other scripts or programs with the (simultaneous) use of the Website that could hinder or damage the smooth execution of the transaction processes. The collection of data without express authorization from MA SELECTION is strictly prohibited.

 

7.3  The data made accessible to the User via the Website may be used solely for the purpose of the transaction via MA SELECTION. Any undue use shall infringe these Terms and the Privacy Policy.

 

7.4 The User shall treat all accessed data confidentially. The User is not permitted to link any data published on the Website with other internet websites or to publish any data from the Website on any other online or offline media without the explicit approval of MA SELECTION. The User authorizes MA SELECTION to monitor such activities, but MA SELECTION shall not be obliged to carry out such monitoring.

 

7.5  The User is responsible for the careful and confidential safekeeping of her/his User information (in particular username and password) and for all activities carried out through her/his account.

 

7.6  A User Account is a personal account; therefore the User is prohibited from sharing with third parties his personal account and from allowing third parties to use his personal account to access the Website.

 

7.7  All messages or data, which are exchanged on the Website or outside of the Website, shall be treated as confidential information. If a User, who is not the intended recipient, should receive such data, he is obliged not to disseminate, distribute or copy this data, but to notify the sender immediately and delete the received data.

 

7.8  MA SELECTION has only limited means to check the accuracy of submitted data, and therefore, accuracy of submitted (uploaded) data is the sole responsibility of the User. Furthermore, the User declares that all of the data he publishes on the Website, shall be precise and in full compliance with all applicable legal and regulatory provisions including but not limited to those of the nations in which the User or the recipients are legal residents. The User shall not violate any rights of other Users or other third parties. MA SELECTION shall not be liable for any violation of these provisions.

 

7.9 The User of the Website exempts and indemnifies and holds harmless MA SELECTION from all damages he may cause or actually causes to other Users or other third parties, as a result of any breach by her/him of relevant statutory provisions, or the provisions of these Terms. The exemption and indemnification shall also include any reasonable costs incurred for legal proceedings, including but not limited to all costs arising from litigation.

 

7.10  Moreover, in the case of a claim, the User is required to immediately provide MA SELECTION with all relevant information required for checking the claims and for a possible legal defense.

 

7.11  The Website may contain links and referrals to third-party websites (cookies). MA SELECTION has no influence or control over the content or information contained on these websites. A link or referral does not mean that MA SELECTION has approved the corresponding content. MA SELECTION therefore assumes no liability for any kind of loss or damage relating to the accuracy, completeness and lawfulness of such websites, nor for any type of loss or damage arising from the use of such websites.

 

7.12  The User hereby authorizes MA SELECTION to monitor, analyze and publish any statistical data, except ones marked as confidential, including but not limited to, the performance indicators, or the User’s satisfaction on the Website. He hereby authorizes MA SELECTION to cite her/him as reference in MA SELECTION’s marketing activities, provided the User has granted permission to MA SELECTION in writing.

 

7.13  The User declares her/his agreement that MA SELECTION may send invoices and documents to the designated e-mail address of the User.

 

7.14  In addition to other prohibitions as set forth in these Terms, the User is prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international and national regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the services or of the Website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Website or any related website, other websites; or (l) to offend or criticize the UAE religious, institutional or cultural principles.

8. FINAL PROVISIONS

8.1  A User Account that has not been used for more than 12 (twelve) months may be blocked or deleted by MA SELECTION at its sole discretion.

 

8.2  MA SELECTION reserves the right to change or delete data if it is deemed to be false, indecent, offensive and/or damages the interests of MA SELECTION or conflicts with prevailing laws. In the case of change or deletion, MA SELECTION will inform the User of such change or deletion.

 

8.3  The Website is intended to be available 24 hours per day, 7 days per week, except during regularly scheduled as well as during additional, occasional, and/or unforeseeable urgent maintenance and repair periods. MA SELECTION will endeavor to achieve the highest feasible availability of the Website and its content. However, no guarantee is given concerning availability of the Website or any of its content. MA SELECTION shall not be liable for any loss or damage suffered due to non-availability of the Website or any services and nor shall any User be liable in respect of inability to notify MA SELECTION in accordance with the requirements set out herein because of the same unavailability.

 

8.4  To the extent prescribed by law, MA SELECTION stores the transaction completed with the User in electronic form, however MA SELECTION is authorized to destroy the file of the User without approval after the expiration of 3 (three) years following the termination of the services. All accounting documentation like invoices, payments, etc. shall be stored for at least 10 (ten) years in accordance to UAE Laws.

 

8.5  MA SELECTION may assign the benefit of these Terms to any third-party at any time by giving the User written notice, and the User agrees to do all things reasonably necessary to effect such assignment.

 

8.6  The User must obtain the written approval of MA SELECTION before assigning its rights under these Terms, and any purported assignment without such consent shall be deemed a material breach of these Terms.

 

8.7  The User and MA SELECTION acknowledge that they have not relied on any representation, warranty or statement made by the other, other than as set out in these Terms.

 

8.8  The relationship of the User and MA SELECTION to these Terms does not form a joint venture or partnership.

 

8.9  No clause of these Terms shall be deemed waived and no breach excused unless such waiver or consent is provided in writing.

 

8.10  The User and MA SELECTION must do anything necessary (including executing agreements and documents) to give full effect to these Terms and the transaction facilitated by it.

 

8.11  Any clause of these Terms, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms.

 

8.12  In the event of a conflict between the English text of these Terms and the text in any other language of the present document, the English text shall prevail.

9. APPLICABLE LAW

The laws of United Arab Emirates shall govern the Use of the Website and the Terms & Conditions of MA SELECTION. All disputes arising in connection therewith shall be heard only by Sharjah Court.