KEPHI TERMS OF USE


Preamble: These Terms of Use (hereinafter referred to as the ‘Terms’) represent an agreement between our Company and its Customer, superseding all prior negotiations or any agreement, whether written or oral except as provided in these Terms.

Your access or the use of this Website or Services or purchase of any Product from our Website shall mean that you have read, understood and agree to be bound by these Terms. By accessing or using this Website, Sub-domain or Services, you also represent that you have the legal authority as per applicable law (including but not limited to age requirement) to accept these Terms on behalf of yourself and/or any other person you represent in connection with your use of the Website, Sub-domain or Services. If you do not agree to the Terms, you are not authorised to use the Website, Sub-domain or Services.

TERMS OF USE:


1. DEFINITIONS: For these Terms of Use, the following words/phrases shall have the meaning as specified below;

  • Website: Website will include all Website and sub-domains currently owned or which might be purchased in the future by us.
  • Third Parties: Any party that is not a part of this Terms of Use shall be considered as Third Party for these Terms.
  • Services: We provide a range of products and services. Please note that new products and services might be added, removed or modified, and therefore, the Customers are requested to visit Websites to stay updated about the available products and services regularly.

2. RESTRICTION ON PRODUCTS/SERVICES: We may, in its sole discretion, discontinue or alter any aspect of the Product/Service, including, but not limited to; 

  • Restricting the time of availability,
  • Restricting the availability and/or scope of the Service for specific platforms (i.e., computer types and operating systems),
  • Restricting the amount of use permitted,
  • Restricting or terminating any User's account, at any time, at Provider's sole discretion and without prior notice or liability. 

3. LICENSE TO USE: Subject to these Terms and our policies or any additional terms, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You agree that you will create, access, and/or use only one user account unless expressly permitted by us, and you will not share with any third-party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

4. SECURITY: We care about the security of our users and Customers. While we work to protect the security of your account and related information, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account via our Customer Support Portal.

5. IMPORTANT DISCLAIMERS:

  • Customer understands and agrees that we don’t guarantee the accuracy, reliability and usefulness of such said information. The information provided by us might not be appropriate for all users.
  • You understand and agree that the Service may include certain communications from us, such as product/service announcements or administrative messages, and that these communications are part of the Service and you will not be able to opt-out of receiving them.
  • You understand and agree that we provide Services "AS-IS" and that it assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings (where applicable). You are responsible for obtaining access to the Service. Also, you must provide and are responsible for all equipment necessary to access the Service. We will not replace any lost or stolen coupons, gift vouchers or any other items received by you as part of the Services rendered by us.
  • YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
  • There will be no refunds or credits unless required by applicable law. Please refer to our Refund Policy for more information.
  • If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by visiting the Customer Service Portal.
  • We reserve the right to discontinue any Service at any time and to cancel or suspend your account without providing any advance notification.


6. REGISTRATION OR USE OF WEBSITE OR SERVICES: To use certain Services offered by us, you may be required to open an account by completing the registration process. You will also choose a password and username, and maintaining the confidentiality of your password and account shall be your sole responsibility. You expressly agree to absolve our partners of any responsibility/liability or us in this regard.

7. GEOGRAPHICAL REACH OF WEBSITE AND SERVICES: Our Website and Services are available globally without any restriction from our part. Therefore, you can access or use our Website or Services from any jurisdiction of the world, and you will be doing so at your own risk, and you are solely responsible for the compliance with the local laws or any other applicable national and international laws, sanctions and regulations.

8. RESTRICTED COUNTRIES FOR SERVICES:

  • We acknowledge that our Website can be accessed from any jurisdiction of the world with or without the use of VPN; however, We do not provide Services to the residents and companies registered in countries which are currently under sanctions imposed by the United States of America, United Nations and the United Arab Emirates or under the applicable international laws and guidelines. For the Sanctions and the indicative list of countries under such Sanction, please visit;
    - https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx
    - https://www.un.org/sc/suborg/en/sanctions/un-sc-consolidated-list
  • Please note that this list is only for illustrative purposes. We are not obliged to provide the complete list of sanctioned or prohibited countries, and therefore, Customers are expected to do their due diligence before using our Website or subscribing to Services offered by us.
  • If a Customer is resident of restricted countries as provided above, then we have the complete discretion to cancel any purchase or order as and when it comes to our attention, without providing any advance notification to the concerned Customer or User, and we shall not have any obligation towards such Customers. Such Customers shall not have any right to seek a refund from us; however, we have the discretion to whether or not return the fund transferred by such Customers.

9. OUR GENERAL DUTIES:

  • We will always endeavour to deliver all Services on time and in good quality to the best of its capability and subject to no interruption from its vendors and partners,
  • We will always endeavour to quick and efficient customer support services,
  • We will provide with agreed and paid Services or Products to the best of its capability and subject to no interruption from its vendors and partners,
  • The Customer has the right to raise a complaint about service deficiencies in accordance with the Terms of Use, and other policies agreed between the Parties.

10. CUSTOMER SUPPORT: For customer support regarding an account, delivery, refund, payment and services related questions (“Customer Support Queries”), please submit a ticket to our Customer Support Portal. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame, but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

11. NO RESALE OF SERVICES: You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

12. LIMITATION TO BRING YOUR CLAIM: Customer agrees that any cause of action arising out of or related to use of the Website or the Services must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred as far as permissible under the applicable laws.

13. DISCLAIMER AND LIMIT TO LIABILITY:
a. You understand and agree that we provide the Services on 'as-is', 'with all faults' and 'as available' basis. You agree that use of our Website or the Services is at your risk. All warranties including without limitation, the implied warranties of merchantability, fitness for a particular purpose, the title and non-infringement are disclaimed and excluded. No representations, warranties or guarantees whatsoever are made by us whether express or implied and expressly disclaim any and all representations and warranties as to the;

  • accuracy, adequacy, reliability, completeness, suitability or applicability of the information, the content, data, products and/or services, merchantability or any warranty for fitness for a particular purpose;
  • that the Services will be uninterrupted, timely, secure, or error-free or that all deficiencies, errors, defects or non-conformities will be corrected;
  • the quality of any services, content, information, data, or other material on our Website will meet your expectations or requirements;
  • any errors in the Website will be corrected;
  • warranties against infringement of any third-party intellectual property or proprietary rights; or other warranties relating to performance, non-performance, or other acts or omissions of our officers, directors, employees, affiliates, agents, licensors, or suppliers etc.
  • We do not warrant that any of the software or Application used and or licensed in connection with the Services will be compatible with other third-party software or devices nor does it warrant that operation of the Services and the associated software will not damage or disrupt other software or hardware. We, our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, and suppliers (including distributors and content licensors) shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages arising out of or in any way connected with the use of our Website or the Services, whether based in contract, tort, strict liability, or other theory, even if we were advised of the possibility of damages.

b. We, our officers, managers, members, employees, attorneys or agents shall not be liable (jointly or severally) under any circumstances, including but not limited to negligence for any direct, indirect, special, incidental or consequential damages of any kind. This statement includes but not limited to the use of Services offered by us, data and profit loss on any theory of liability which may arise in or out of the connection with the ability or inability of the services offered by us or the materials on the Website. The fact remains true despite the advice given to us or any of its representatives of the possibility of such damages. Limitation and exclusion of incidental or consequential damages may not apply to everyone since some jurisdictions do not allow such. Liability shall be limited to the fullest extent permitted by applicable law if any authority holds any portion of this section to be not enforceable.

c. In the event any exclusion contained herein be held to be invalid for any reason we or any of our affiliate entities, officers, directors or employees become liable for loss or damage, then, any such liability of us or any of our affiliate entities, officers, directors or employees shall be limited to not exceeding subscription charges paid by you in the month preceding the date of your claim for the particular subscription in question chosen by you.

14. RESERVED RIGHT TO MODIFY TERMS: Customer agrees that we have the right to make changes, modifications, amendments, alterations or deletions of any content of these Terms of Use at any given time. Due to timely updates, Customers are expected to regularly visit the Website to identify revisions to which they are bound. Use of the Website or Services after changes made signifies the updated Terms, therefore, bind acceptance, agreement and consent of the most recent version of the Terms. When we make material changes to the Terms, we will provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or by sending you an email. In some cases, we will notify you in advance, and in either case, your continued use of the Service or Website after the changes have been made will constitute your acceptance of the changes. Please, therefore, make sure you read any such notice carefully. If you do not wish to continue using the Service or Website under the new version of the Terms, you may terminate your account by contacting us.

15. INTELLECTUAL PROPERTY RIGHTS: Unless otherwise specified, all materials appearing on the Website, including the text, site design, logos, graphics, icons, and images, trademarks and other intellectual property assets as well as the selection, assembly and arrangement thereof, are our sole property. You may use the content of the Website only to shop on Website or place an order on Website and for no other purpose. No materials from the Website may be copied, reproduced, modified, republished, uploaded, downloaded, posted, transmitted, or distributed in any form or by any means. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on our Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

16. PAYMENT METHODS: Please note that we accept a wide range of payment methods which shall be available to you while placing an order or using our Services on the Website. Kindly note that these Payment Methods or Gateways options keep on changing and therefore we do not guarantee that a specific Payment Method or Gateway will be available all time on our platform or the Website. Please note that before making any payment you must also read the terms and conditions imposed by the respective payment provider or the third party. If you choose to make payment by a specific payment provider, then you shall be bound by the terms and conditions of the respective payment provider.

17. LINKS TO OTHER WEBSITE: Our Website may contain links or pointers to other sites on the internet that are owned and operated by Third Parties. You acknowledge that we’re not responsible for the operation of or content located on or through any such site.

When you click on a link within our Website, we may not warn you that you have left our Website and are subject to the terms and conditions (including the privacy policies) of another website. Please be careful to read the terms of use and the privacy policy of any other website before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website.

We are not responsible for the content or practices of any other website even if it links to our Website. You acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website other than that on our Website.

18. PRIVACY: We keep your personal information private and secure. When you subscribe or order/purchase Services using our Website, you provide your name, email address, credit or debit card information, address, phone number, password, etc. We use this information to process your orders, to keep you updated on your orders and to personalize your experience. Our secure servers protect your information using advanced encryption techniques and firewall technology and other measures listed in our Privacy Policy.

For more details on our privacy policy, data collection and protection and data management, please refer to below-mentioned documents which form an integral part of these Terms and are available on our Website;

  • Privacy Policy.
  • GDPR Policy.


19. PRODUCT DESCRIPTION: Please note that we always attempt to provide the accurate description of products and services on the Website. However, we do not warrant that the descriptions are accurate, complete, reliable, current or error-free. Certain information and descriptions are approximate and are provided for convenience purposes only. To assist the Customer in identifying the products or services, we provide visual representations on the Website including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, we disclaim any guarantee or warranty of exactness of such visual representation or description of the products or services, with the actual product(s) or service(s) ultimately delivered to Customers. The appearance of the products or services when delivered may vary for various reasons.

20. By Company: Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. In case any order has been confirmed and the payment has been deducted from your credit / debit card account, the debited amount will be reversed back to your credit / debit card account. No cash disbursement will be made under any condition whatsoever.
By Customer or User: Once the order has been confirmed, the payment has been deducted, and then the Customers requests for cancellation of the order, we have the sole discretion to decide whether to approve the cancellation request or not. The Customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

21. TYPOGRAPHICAL ERRORS: In the event, Services are listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Service listed at the incorrect price. We shall refuse or cancel any such order(s) whether or not the order(s) has been confirmed and the payment has been deducted from your credit / debit card account. In such scenario, the debited amount will be reversed back to your credit / debit card account. No cash disbursement will be made under any condition whatsoever.

22. SITE USER CONDUCT: All users of the Website shall be eighteen (18) years of age or older (as required by the applicable laws and regulations) and must be eligible to enter into a legally enforceable agreement as per their local jurisdiction laws and regulations. In connection with the use of the Website and content. Users are not allowed to:

  1.  Upload, post, email, or otherwise transmit any:
  • content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise illegal or objectionable;
  • content that does not give any right to users to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  • content that infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any party;
  • unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  1. Engage in disruptive activities online or use viruses, bots, worms, Easter eggs, time bombs, spyware, Trojan horses or any other computer code, file, or program that is harmful or invasive or may be or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
  2. Use the Website for any unlawful purpose;
  3. Interfere with or disrupt the services and content of the Website,
  4. Intentionally or unintentionally, violate any applicable local, state, national, or international law.
  5. Resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database;


23. REPRESENTATION BY CUSTOMER:

  1. The Customer represents that he/she is legally eligible to enter into a contract as per the applicable law.
  2. The Customer represents that all the information provided by him/her during the purchase of any Service or subsequently is correct.
  3. The Customer agrees that he/she shall not make a copy or duplicate any part or content of the Services offered by us, whether by recording the screen or otherwise.
  4. The Customer represents that he/she has read all the Terms and applicable policies and is in full compliant with them and shall remain so in the future.


24. WARRANTIES AND INDEMNIFICATION BY CUSTOMER AND MEMBER:

  1. The Customer has read all the Terms and other applicable policies and warrants that he/she is in full compliance with the applicable laws, rules, regulations and policies, and will remain so at all times during the Term of agreement with and shall indemnify our partners and us if he/she breaches any of the Representation made above in these Terms.
  2. In the event, the Customer is in breach or the reasonably anticipated breach, of any of the foregoing warranties and other terms, in addition to any other remedies available at law or in equity, we shall have the right to immediately suspend any related Services if deemed reasonably necessary by us to prevent any harm to our business.


25. UNILATERAL TERMINATION RIGHT: We reserve the unilateral right to terminate or cancel the Customer’s account on the Website if we reasonably believe that the Customer was engaged or is engaged in any of the below-mentioned activities;

  • Activities causing damage to our goodwill, reputation or business,
  • A customer engaged in misrepresentation or fraud related to the Services offered by us,
  • The Customer has been charged for criminal misconduct in any jurisdiction/country,
  • For the breach of any other term of Terms of Use and other applicable policies,
  • The Customer violates the provision of Site User Conduct,
  • The Customer violates any of our Intellectual Property Rights or business partners,
  • If we find out that the registered Customer is from the Restricted Countries as mentioned above,
  • Customer providing false, inaccurate or incomplete information; engagement to any conduct that would otherwise harm any of our rights or interests in Website, products, services, or other property; or for any or no reason, can all be grounds for termination without prior notice.

26. FORCE MAJEURE:

  1. Notwithstanding anything to the contrary contained in Terms of Use, we shall not be required to provide any Services, in whole or in part, to the extent the provision of such Services becomes impracticable as a result of a cause or causes outside our reasonable control (including due to fire, flood, storm, earthquake or other acts of God, riot, war, terrorism, rebellion, or other acts of war or civil unrest, utility outages or interruptions, strike, lockout, any Law, demand or other requirements of any governmental entity, delay or default by our vendor or service provider and all other causes outside of our reasonable control), including unfeasible technological requirements, hacks or to the extent the performance of such Services would require us to violate any applicable laws, rules or regulations or would result in the breach of any agreement with any third party.
  2. When affected by any such event, we will aim to;
  • Promptly notify Customer of the occurrence of such an event and describe in reasonable detail the nature of the event, and
  • Use commercially reasonable efforts to resume performance of its obligations under these Terms as soon as reasonably practicable.


27. NO WAIVER: Subject to the Clause providing for limitation to bring the claim, no failure or delay in exercising any right, power or privilege under these Terms will operate as a waiver of it, nor will any single or partial exercise of any right, power or privilege under the same preclude any other or further exercise of it or any other right, power or privilege under the Terms or otherwise.

28. CLASS ACTION WAIVER: Where permitted under the applicable law and these Terms, it is agreed between the Parties that each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both Parties explicitly agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

29. MEDIA CONTACT: The Customer or User shall not speak, write or interact in any form with print, electronic, social and/or radio platforms/media, without our prior written permission, making false claims or depicting us in bad light hampering the reputation, goodwill and the trust of the Company’s other customers and partners in a negative sense. If the Customer makes a public statement in any form, whether written or oral, for which we did not provide prior written permission then that shall be termed as a breach of these Terms at our sole discretion.

30. GOVERNING LAW OF THE TERMS AND CONDITIONS: The governing law for these Terms shall be the laws of Dubai, United Arab Emirates.

31. MULTI-STEP ADMINISTERED DISPUTE RESOLUTION CLAUSE:

  • Negotiation Between Company Executive and Customer: The Parties shall attempt to resolve any dispute arising out of or relating to this Terms of Use promptly by negotiation between executives who have authority to settle the controversy and who are at a higher level of management than the persons with direct responsibility for administration. To initiate a negotiation, a party shall give the other party written notice of any dispute not resolved in the ordinary course of business. Within 2 calendar days after delivery of the notice, both Parties shall meet at a mutually acceptable time and place or virtually via a video or audio call, and thereafter as often as they reasonably deem necessary, to attempt to resolve the dispute. All negotiations according to this Clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
  • Litigation: If the dispute has not been resolved by negotiation as provided herein within 10 calendar days after delivery of the initial notice of negotiation, the Parties shall refer the dispute for mandatory adjudication to the exclusive jurisdiction of Dubai Courts (United Arab Emirates). Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this Terms of Use or arising therefrom or related thereto in any manner whatsoever, shall be settled by court adjudication in accordance with the applicable laws and regulations.


32. ENTIRE AGREEMENT: The Terms of Use and below mentioned additional documents/policies constitute the entire understanding between the Parties with respect to the subject matter hereof and supersede all the prior agreements and understandings, oral or written, with respect to such matters, which the Parties acknowledge have been merged into such documents, exhibits, schedules and policies;

  • Refund Policy
  • GDPR Privacy Policy
  • Privacy Policy
  • Delivery and Shipping Policy


33. NON-ASSIGNABILITY: The agreement formed between the Parties by agreeing to these Terms of Use and other policies as entered between the Parties is personal in nature. The Customer shall not, without the prior written consent of the Company, assign or transfer any right or obligation hereof to a Third Party.

34. SEVERABILITY: If any Clause or a specific part of a Clause of these Terms or applicable policies is held to be illegal, invalid or unenforceable, that Clause or part of a Clause shall (so far as it is illegal, invalid or unenforceable) be given no effect and shall be deemed not to be included in the Terms, but that shall not affect the legality, validity or enforceability of any other Clause of the Terms.

35. PREVAILING LANGUAGE: These Terms (or any other communication) might be agreed between the Parties in more than one language apart from English. In the event of any dispute, the English version shall be prevailing in all matters related to these Terms between the Parties.

36. COUNTERPARTS: These Terms may be executed in multiple counterparts, including electronically, each of which shall be deemed an original but all of which together shall constitute the same instrument. These Terms may be delivered by email, and email copies of executed signature pages shall be binding as originals.