Terms and Conditions
- These definitions and rules of interpretation in this Clause 2 shall apply throughout these Terms:
“Account” means the Account you create using your electronic mail (email) account to access the Website;
“Applicable Law(s)” means the relevant commercial and/or digital laws of the UAE and any other country or region from where you are accessing the Website;
“BySimayDemirci” means D L S S READYMADE GARMENTS TRADING L.L.C, a company registered under the Department of Economic Development, holding trade license 880176 and their respective directors, agents, servants, officers, and employees;
“Content” means any information, texts, links, graphics, photos, audio, videos, data, code, or other materials, or arrangements of materials that you can view on, access, or otherwise interact with through the Website;
“Customer” means the User who has purchased one (1) or more of the Products provided by the Website;
“External Sites” has its meaning given to it under Clause 3.6 below;
“GDPR” means the European Union General Data Protection Regulation 2016/679;
“Intellectual Property” means all (i) patents, improvements thereof, patent applications and registrations, inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark applications and registrations service marks, domain logos and designs; (iii) copyrights, copyright applications and registrations; (iv) trade secrets, know-how, and other intellectual property; and (v) computer systems and applications software, including all documentation and modifications thereof;
“Order(s)” means any Product(s) purchased by the User;
“Minor” has its meaning given to it under Clause 11.15 below;
“Policies” means any terms, conditions, and policies (separate from these Terms), made available on the Website;
“Product(s)” means any Product listed for sale on our Website;
“Product Description” means and includes the description, images, availability, limitations, and safety measures, of the relevant Product(s) as posted by the respective Users on their separate accounts on the Website. The Product Description varies from one Product to another;
“Terms” means the clauses of these Terms and Conditions;
“Total Amount” has its meaning given to it under Clause 7.3 below;
“User” means the Account holder or a User of the Website who is purchasing the Products provided on the Website;
“VAT” means value added tax, deemed payable pursuant to the Federal Tax Authority regulations;
“Website” means the Website www.bysimaydemirci.com owned by BySimayDemirci to provide and facilitate e-commerce services such as the sale and purchase of Product(s) to the User.
3. USE OF THE WEBSITE
- 3.1 In order to use and access certain features of the Website, the User may create an Account using their email address. Users also have the option to purchase Products through guest checkout. Should the User wish to create an Account, then the User must provide complete and accurate information, and warrant to update such information as and when required. The User must keep their password confidential and is solely responsible for maintaining the confidentiality and security of their own Account, all changes and updates submitted through their Account, and all activities that occur in connection with their Account. The User is encouraged to use strong eight (8) character passwords, with a combination of upper-case and lower-case letters, and numbers.
- 3.2 In creating an Account, you represent and warrant that all information provided to us in such process is true, accurate, and correct, and that you will update your information as and when necessary, in order to keep it recent. You may not impersonate any person or entity, create, or use an Account for anyone other than yourself, provide an e-mail address other than your own, provide or use false information to obtain access to the Website that you are not legally entitled to claim, or otherwise mislead as to the origin of a card or other content. You acknowledge that any access to the Website using falsely claimed Accounts may cause us, or third parties, to incur substantial economic damages and losses for which you may be held liable and accountable.
- 3.3 The User represents and warrants that you are at least eighteen (18) years of age and are able to enter into legally binding agreements.
- 3.4 We reserve the right to amend these Terms at any time without prior notice, and the Users’ continued use of the Website following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the Website.
- 3.5 We may, from time to time, decide to change, update, or discontinue certain features of the Website. You agree and understand that we have no obligation to store or maintain your Content or other information you provide, except to the extent required by the Applicable Law(s).
- 3.7 The Website will include external links to BySimayDemirci’s Facebook and Instagram pages.
- 3.8 We may also select certain websites as priority responses to search terms that you enter, and we agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend, nor do we endorse, the content of any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within our Website, third-party websites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any service(s) advertised on the Website.
- 3.9 Some Content you see or otherwise access on, or through the Website is used for commercial purposes, you agree and understand that we may place advertising and promotions on the Website alongside, near, adjacent, or otherwise in close proximity to your Content for commercial purposes.
- 3.10 In the event of any breach or violation of any Terms hereunder, BySimayDemirci reserves the right to pursue legal remedies available under the Applicable Law(s).
4. PROHIBITED ACTIVITIES
- 4.1 The Content and information available on the Website are proprietary to BySimayDemirci. Users agree that they shall not engage in any of the following activities in connection with your use of the Website:
- i. post information on the Website that is obscene, defamatory, threatening, or malicious in nature, or any other material that is prohibited by the Applicable Law(s);
- ii. publish any copyright material, or material protected by any other Intellectual Property rights, unless a legal right to use and post such material has been obtained and is valid at the time of posting;
- iii. infringe or use the Website’s brand, logo(s), and/or trademark(s) in any business name, e-mail, URL, or other context unless expressly approved in writing by the owner of the Intellectual Property as applicable;
- iv. attempt to circumvent any protective technological measure associated with the Website;
- v. violate the restrictions of any robot exclusion headers on the Website, bypass, or circumvent their measures employed to prevent or limit access to the Website;
- vi. access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Website, including but not limited to, User profiles and photos, using any robot, spider, scraper, or any other automated means, or any other manual process for any purpose not in accordance with these Terms, or without the express written authorisation from BySimayDemirci;
- vii. attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, or data mining tools) other than through software generally available through web browsers (such as search engines like Google and Yahoo);
- viii. download any Content unless it is expressly made available for download by the Website;
- ix. post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or spam;
- x. impersonate or misrepresent your affiliation with another person or entity;
- xi. harvest or otherwise collect information about others, including telephone numbers for unlawful purposes;
- xii. interfere with, or disrupt any of the associated computer or technical delivery systems;
- xiii. interfere with, or attempt to interfere with, the access of any User, host, or network, including but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- xiv. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website; and
- xv. use the Website, or any Content on the Website, in any matter not permitted by these Terms.
- 4.2 Users agree to not use the Website in any way or action that may:
- i. cause damage to, or impair the performance of the Website, inclusive of its availability and accessibility to Users and BySimayDemirci;
- ii. be illegal, fraudulent, or harmful to any person or company in any direct or indirect manner; and
- iii. use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
5. PROHIBITED ITEMS
- 5.1 You agree to not sell, purchase, or transmit photos, videos, graphics, links, or any other form of print or digital media of items that are not permitted to be sold, purchased, and listed for sale on this Website, through the Website, as per the UAE E-commerce Laws. These prohibited items may include, but are not limited to:
- i. Alcohol, drugs, tobacco, narcotics, controlled substances in any form and any related products thereof;
- ii. Adult and mature content including any related products thereof;
- iii. Gambling tools, machinery, and other items that facilitate gambling;
- iv. Animals;
- v. Illegal wildlife products;
- vi. Nylon fishing nets;
- vii. Live animals, insects, pets, marine life, and any other mammals and species;
- viii. Counterfeit and replica items, unauthorised recordings, pirated copies, or any other unauthorised items;
- ix. Used, reconditioned, and inlaid tyres;
- x. Radioactive and nuclear material and any devices or containment units for the storage or transportation of these materials;
- xi. Items that contradict Islamic faith and public morals as is expected in the UAE;
- xii. Paan and betel leaves;
- xiii. Dangerous items;
- xiv. Recalled items;
- xv. Food items;
- xvi. Gift cards;
- xvii. Illegal items or items encouraging illegal activity;
- xviii. Intangible items and advertisements for the provision of services;
- xix Medicines and/or pharmaceutical items;
- xx. Offensive materials; and
- xxi. Any other goods or items, the importation of which is prohibited under the Common Customs Law or any other law or regulation applicable in the UAE;
- 6.1 Ownership of BySimayDemirci’s Content and Intellectual Property Rights
- i. Subject to the express provisions of these Terms, we own, control, license, or reserve all Intellectual Property rights and Content used on the Website. You agree not to use, remove, alter, modify, create derivative works of, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website or Content. You must not use any part of the Content on our Website for commercial purposes without first obtaining a license to do so from us or our licensors;
- ii. Any/all Content posted on the Website and/or submitted by the Users to BySimayDemirci has been licensed to BySimayDemirci for any/all purposes that BySimayDemirci may deem necessary in order to run the Website, we authorise you to view or download a single to run the Website. We authorise you to view or download a single copy of the material on the Website solely for your personal, non-commercial use, if you include the copyright notice located at the end of the material, for example: “©2021, BySimayDemirci All rights reserved” and other copyright and proprietary rights notices that are contained in the Content;
- iii. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property, and other Applicable Law(s). Content and features are subject to change or termination without notice in the editorial discretion of BySimayDemirci. All rights not expressly granted herein are reserved to BySimayDemirci and its licensors.
- 6.2 Your License to BySimayDemirci’s Content
- i. We grant you a personal, limited, non-exclusive, and non-transferable license to access and use the Website only as expressly permitted in these Terms. You shall not use the Website for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Website solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our Content in whole or in part, except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our Content or Intellectual Property rights;
- ii. If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials. You may also be potentially liable for Intellectual Property rights infringement based on the circumstances.
- 6.3 BySimayDemirci’s License to User Content
- i. Upon submission of Your Content, you hereby grant BySimayDemirci a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable, and transferable right to use Your Content and all Intellectual Property rights therein for any purpose or Use that we deem necessary;
- ii. For the avoidance of doubt, “Use” means, but is not limited to, use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialise, and create derivative works of;
- iii. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or our Users;
- iv. You represent and warrant that Your Content is accurate, that the use of Your Content does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify BySimayDemirci from any/all claims resulting from Your Content;
- v. We reserve the right, at any time and without prior notice, to remove, block, or disable access to whole or any part of Your Content or Your Account that we, for any reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Website or our Users at our sole discretion. Subject to the requirements of the Applicable Law(s), we are not obligated to return any of Your Content to you under any circumstances and assume no liability for any Content posted by You.
7. ORDER PROCESS AND PAYMENT TERMS
Purchase of Products
- 7.1 Purchasing a Product in any other way than intended shall not be tolerated on our Website and may result in Account review and action, including temporary or indefinite suspension and/or termination.
- 7.2 BySimayDemirci shall not be liable for the inappropriate or incorrect use of the Products, any injuries and/or damages sustained from any use other than the intended use as per the Product Description.
- 7.3 Upon checkout, the Total Amount to be paid is the sum of the Total Amount for all the Products purchased (“Total Amount”).
- 7.4 The price of the Products shall exclude VAT (unless otherwise stated). BySimayDemirci reserves the right to change the prices at any time, without prior notice and at our sole discretion. Additionally, all prices may be subject to additional charges for VAT in the future, once deemed applicable.
- 7.5 Unless otherwise indicated on the Website, we may establish and modify, in our sole discretion, the Terms of such offers and/or the suspension or termination of such offers at any point, without giving prior notice to you. We reserve the right, in our sole discretion, to reject or refuse to honour any special deal, promotional offer, or discount you submit on the Website.
- 7.6 BySimayDemirci may customize Products as per Customer requests, should we choose to accept such requests. Kindly note that the price for customized Products may vary and shall be determined at our sole discretion.
- 7.7 Your continued use of our Website and input of any information during checkout would be considered as Your authorization for us to share any/all information registered by You with our respective third-party payment facilitator. We reserve the right, at any time, to add or remove our existing third-party payment facilitator or include additional third-party payment facilitators without prior notice, which may be subject to additional terms and conditions.
- 7.8 BySimayDemirci has partnered with MyFatoorah. Therefore, you must ensure that any and all information that you provide when creating your Account is accurate and recent, including your payment details; thereby, you are authorising us to share this information with the respective third-party payment facilitator. We may, at any time, add or remove our third-party payment facilitator without notice, which may be subject to additional terms and conditions.
- 7.9 BySimayDemirci shall not be held liable for the safety and security of your payment information once you have been redirected to the respective third-party payment facilitators’ webpage in order to complete your purchase. Your use of our respective third-party payment facilitator is subject to the compliance of their policies and terms and conditions.
- 7.10 BySimayDemirci will not be held liable for any issues arising out of the payment process using the respective third-party payment facilitator once you have been redirected to their page in order to complete the payment.
- 7.11 If the payment for the Products has been settled in full via MyFatoorah, Customers shall receive a confirmation e-mail and SMS immediately after they have made an Order.
- 7.12 For any issues with regards to the Orders and/or payment process, please contact us at firstname.lastname@example.org for us to assist you better.
- 7.13 Should the Customer wish to cancel any Order already made, the User shall be able to do so provided that the Order has been cancelled within twenty-four (24) hours from the time that the Order was placed. In such an event, the Customer shall be refunded the full amount of the Order placed.
- 7.14 The Customer shall not be able to cancel any Order and/or be entitled to any refunds whatsoever after the twenty-four (24) hour window above has passed.
- 7.15 Should Customers wish to cancel their Order, refunds may either be made using the original mode of payment and will be processed within five (5) to fifteen (15) working days, or may be credited into the User’s Account for future purchases. Kindly ensure that you retain a copy of your Order purchases and transaction records.
Returns and Refunds
- 7.16 In the event the Customer wishes to return a Product, they may do so under the following circumstances:
- i. the Product does not correspond with the Product Description;
- ii. the Product is not the same as the one in your Order;
- iii. the Product has a manufacturing defect; and/or
- iv. the Product was damaged during shipping/delivery.
- 7.17 Please note that the Customer may only file a claim for return twenty-four (24) hours after having received the relevant Product. The Customer may file a complaint by contacting us at email@example.com and we shall respond to the same within twenty-four (24) hours of having received the complaint.
- 7.18 Please note that BySimayDemirci shall not be held liable for any Additional Fees and Charges. As such, any/all shipping fees incurred for returning the Product shall be borne by the Customer.
- 7.19 For any other situation, please contact us at firstname.lastname@example.org, so we can assist you better based on your specific inquiry and/or complaint.
8. DELIVERY AND SHIPMENT OF ORDERS
- 8.1 BySimayDemirci has partnered with Aramex, a third-party delivery aggregator, in order to deliver the Products to the Customers. We may add or remove delivery aggregators at any time and at our sole discretion, which may be subject to additional terms and conditions.
- 8.2 The third-party delivery aggregator shall endeavor, to the best of their abilities, to ensure that all deliveries reach the Customer in a safe and timely manner. BySimayDemirci shall not be held liable and/or responsible for any delays and/or any other issues that may arise.
- 8.3 The Customer shall be solely responsible for providing correct and accurate information with respect to their personal details, including, but not limited to, the designated address and contact details, and ensure that the Customer is available at the scheduled time of delivery (if applicable). BySimayDemirci shall bear no liability whatsoever with respect to any/all delivery issues (including but not limited to, delayed deliveries, issues with the third-party delivery aggregators, etc.) due to incorrect or inaccurate User information, and/or due to the Customer’s non-responsiveness and inability to receive the Order upon the scheduled time of delivery.
Delivery and Shipment of Orders within the UAE and GCC Region
- 8.4 BySimayDemirci aims to process and deliver any/all Orders to the UAE within two (2) to seven (7) working days after having placed the Order on the Website.
- 8.5 Any/all Orders to the rest of the GCC shall be processed and delivered within ten (10) to fifteen (15) working days after having placed the Order on the Shipment to the GCC region may be subject to international shipping and delivery charges, as well as custom charges. Such charges shall be solely borne by the Customer.
- 8.6 Customers shall be provided with the relevant tracking information of the delivery for each Order placed on the Website. Any issues and/or delays with respect to the delivery, pursuant to the tracking information provided to the User, can be raised as a complaint via email@example.com.
Delivery and Shipment of International Orders (excluding United States and Europe)
- 8.7 Any/all international Orders (excluding the United States and Europe) shall be processed and delivered within fifteen (15) working days after having placed the Order on the Website. This delivery timeframe does not include any unforeseen delays and/or circumstances beyond our reasonable control, including, but not limited to, customs hold, lost or stolen Products(s), and/or any other situations that may arise as a result of force majeure as detailed in these Terms.
- 8.8 International shipping and delivery charges, as well as custom charges, may be imposed upon the Order being delivered to the respective country. Such charges shall be solely borne by the Customer.
- 8.9 Customers shall be provided with the relevant tracking information of the delivery for each Order placed on the Website. Any issues and/or delays with respect to the delivery, pursuant to the tracking information provided to the User, can be raised as a complaint via firstname.lastname@example.org.
9. USER RATING, REVIEWS, AND FEEDBACK
- 9.1 Customers are able to rate, review, and provide feedback for the Products listed on our Website.
- 9.2 User reviews, ratings, or feedback do not reflect the opinion of BySimayDemirci. BySimayDemirci receives multiple reviews by Customers, which reflect the opinions of each individual Customer. It is pertinent to state that each and every review posted on our Website is the personal opinion of that Customer only.
- 9.3 Customers agree that they shall use reasonable and good faith efforts to ensure that neither engages in any vilification of the Website, and shall refrain from making any false, negative, critical, or disparaging statements, implied or expressed, concerning the Website, BySimayDemirci, and the Products listed on the Website. This, however, shall not apply towards any truthful statement made as required by any Applicable Law(s) or by a court or authority of competent jurisdiction.
- 9.4 Users agree and accept that by providing your Content to or through the Website, or otherwise including any of your Content that is transmitted to your Account by virtue of your rating, reviews, feedback, questions, photographs or videos, comments, suggestions, ideas etc. you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to:
- 9.4.1 host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised;
- 9.4.2 make your Content available to the rest of the world and to let others do the same;
- 9.4.4 use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that we may choose to provide attribution of Your Content at our discretion. You acknowledge and agree that Your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use Your Content as authorised in these Terms.
- 9.5 The Terms of this Clause 9 do not grant other Users a license to host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised.
10. COMMUNICATION GUIDELINES
- 10.1 Pursuant to Clause 9 above, our Website enables Customers to rate, review, and provide feedback on the Product listed on our Website. Customers should ensure appropriate online conduct and behaviour in which BySimayDemirci reserves the right to review and/or delete at their sole discretion.
- 10.2 The Website is only to be used for its intended purpose. You may not use the Content provided through the Website in any manner or for any purpose other than that which is expected.
- 10.3 Any/all ratings, reviews, and feedback should be conducted in a professional and respectful manner. Abusive or offensive language, which may be deemed as political, discriminative, threatening, sexual, or of religious nature, as well as any other inappropriate behaviour which violates our Terms, will not be tolerated on our Website and may result in Account review and action, including temporary or indefinite suspension and/or termination.
- 10.4 You may not post or submit Content that includes inflammatory speech, endorses, or promotes illegal, immoral, or harmful activities, including obscene content, incitement of lawless action, or activities that may lead to other Users’ harm in any manner.
- 10.5 You may not post or submit information or comments on the Website and on third-party social media platforms that are obscene, defamatory, threatening, malicious, slanderous, or disparaging in nature, or any other material that is prohibited by law, about BySimayDemirci and its Website.
- 10.6 Any dispute, complaint, disagreement, or conflict with any User, should be brought to the attention of BySimayDemirci. BySimayDemirci shall not bear any liability for mitigating such disputes between the parties as this will be the sole responsibility of the parties involved.
- 10.7 Users acknowledge and accept that an actual or threatened breach of any Term(s) of this Clause 10 may be penalized by implementing any one or more of the following:
- 10.7.1 Removal/deactivation of their Account from our Website; and/or
- 10.7.2 Disqualifying their use of our Website indefinitely unless a written approval has been obtained by us allowing them to recreate their Account.
- 10.8 BySimayDemirci shall not be held liable for any loss or damage experienced by any person as a result of implementing the penalties above.
- 10.9 BySimayDemirci shall not be liable for any direct, indirect, or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses, or other claims for consequential compensation whatsoever (and howsoever) caused, including slander or personal offence which arise out of use or in connection with the Website’s communication.
11.WARRANTIES AND DISCLAIMERS
- 11.1 You agree and acknowledge that the Website is provided on an “as is” basis. Except as otherwise specifically set forth herein, BySimayDemirci does not make, and hereby disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade and services.
- 11.2 We make no warranty that the Website or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness, or reliability of any Content obtained through the Website. No information provided through the Website or by us, whether in oral or written form, will create any warranty not expressly made herein. Your reliance upon the Content obtained or used by you through the Website is solely at your own risk.
- 11.3 BySimayDemirci does not endorse any Content posted, submitted, or otherwise provided by any User, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection to such Content. You agree that we are not responsible for the accuracy, consistency, or completeness of information uploaded and displayed on our Website.
- 11.4 BySimayDemirci takes no responsibility and assumes no liability for any Content posted, stored, transmitted, or uploaded to the Website by you (in the case of Your Content), or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.
- 11.5 Users acknowledge that BySimayDemirci may store, record, or document any information exchanged between Users and BySimayDemirci, and that BySimayDemirci uses the most up-to date applications and security systems to ensure that all data entered online, through the Website, is encrypted.
- 11.6 Users must ensure the accuracy and authenticity of any and all information they supply to us through the Website including, but not limited to, personal data, as well as information supplied by the User on behalf of any third-party the User wishes to refer to BySimayDemirci.
- 11.7 Users acknowledge that BySimayDemirci will process personal data including, but not limited to, names and e-mail addresses in order to provide continued access to the Website, make improvements to the Website, and prevent unauthorised use of the Website.
- 11.8 Users agree that BySimayDemirci is not responsible now or at any time in the future for any unauthorised access including, but not limited to, any virus or other harmful code that may infect the User’s computer, tablet, smartphone, or any other such device as a result of using the Website.
- 11.9 Users shall be responsible for obtaining, maintaining, and setting up any equipment and/or hardware required to access and use the Website and the User shall take responsibility for the protection of this equipment and/or hardware by using up-to-date virus protection, personal firewalls, and any other suitable measures the User deems necessary to ensure the security of the Website is not compromised.
- 11.10 Users accept that BySimayDemirci shall not be held liable in the event the Website transmits information that has been accessed, altered, and/or corrupted.
- 11.11 Users accept that BySimayDemirci may be required to suspend access to the Website for periodic maintenance and/or unforeseen downtime and may do so at its own sole discretion without serving any prior notice.
- 11.12 All interactions between Users and BySimayDemirci must be carried out in a responsible, ethical, professional, and legal manner.
- 11.13 We may do any or all of the following without notice:
- i. investigate your use of the Website as we deem appropriate to comply with any Applicable Law(s), regulation(s), government request(s), or legal process(es);
- ii. terminate your access to the Website, and suspend your Account temporarily or indefinitely, upon our determining on whether you have violated these Terms; and
- iii. edit the Website and any Content without giving you prior notice.
- 11.14 While using the Website, you make the following representations and warranties to BySimayDemirci:
- i. you are eighteen (18) years of age or older and are legally allowed to use the Website; and
- ii. you acknowledge and understand that you are solely responsible for any information you may choose to disclose to BySimayDemirci.
- 11.15 The Products advertised on the Website shall be made available to Users of the minimum age of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Minor”) to use the Website. If a Minor would like to access the Website, they should take the assistance of a parent/guardian/adult authorised with that Minor’s supervision. We do not collect identifiable information from any person we know is a Minor.
- 11.16 In the event, a Minor has (i) created an Account; (ii) used an Account belonging to the parent/guardian/adult; and/or (iii) used the Website for any purposes, the Account holder and/or User warrants and represents that such actions are performed under the guidance of an adult after obtaining the relevant consent from the parent/guardian/adult. The User accepts that the Minor is bound by the same Terms and agrees that BySimayDemirci is not liable or responsible for the User’s failure to act in accordance with this Clause.
- 11.17 When a User visits the Website or sends us e-mails, they are communicating with us electronically, and they hereby consent to receiving communications from us electronically. We will communicate with Users primarily by e-mail but may use other methods such as telephone or messages on the Website to communicate if we deem necessary. Users agree that all agreements, notices, disclosures, and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with their current and active e-mail address.
- 11.18 We may share Users’ personal information with BySimayDemirci’s partners and third parties licensed to access User personal information. This will include any third-party aggregators partnered with the Website including, but not limited to, delivery aggregators, third-party payment facilitators, and any other platform and/or entity that we are engaged with in enhancing our business from time to time.
- 11.19 Users are responsible for taking all reasonable steps to ensure that no unauthorised person receives access to your passwords or Accounts. You grant us and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection to the operation of the Website. We do not assume any responsibility or liability for any information you submit, or third parties’ use or misuse of information transmitted or received using Website tools and services.
- 11.20 We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Website, and use of the Website in any manner other than expressly stated herein.
- 12.2 We adopt standard data collection, storage, processing practices, and security measures in accordance with UAE ICT and TRA laws, as well as GDPR rules and regulations, in order to protect against unauthorised access, alteration, disclosure, or destruction of Users’ data stored on our Website.
- 12.3 You agree and acknowledge that we reserve the right to change these general practices at any time and at our sole discretion.
13. LIMITATION OF LIABILITY
- 13.1 You understand and agree that in no event shall the officers, directors, employees, agents, or licensors of BySimayDemirci be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection to the Content or any Product, including, but not limited to, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from: (1) the use or inability to use the Content; (2) unauthorised access to or alteration of Your Content; (3) statements or conduct of any User; (4) Product fault; (5) inaccurate information provided on the Website ; (6) use or inability to use the Product; or (7) any other matter related to the Website and its Content, whether based on warranty, intellectual property, contract, tort (including negligence), product liability or otherwise.
- 13.2 We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data, or other proprietary material due to your use of our Website or to your downloading of any material posted on it.
- 13.3 We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website shall be the sole responsibility of the Users. BySimayDemirci shall not be held liable for any Content which has been lost, stolen, destroyed or otherwise, whether uploaded to, or downloaded from the Website with or without the consent of the Users.
- 13.4 We shall not be held responsible for the quality, accuracy, or legitimacy of any information provided to BySimayDemirci by Users, or to Users through the Website. You hereby acknowledge and agree that your acceptance of information provided to BySimayDemirci is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations, or Content thereof made available to you.
- 13.5 Users agree that they will not bring any claim against BySimayDemirci or any of our officers, directors, employees, agents, and licensors in respect of any losses they suffer in connection to the Website or these Terms.
- Users agree to indemnify, defend, protect, and hold each of us and our respective officers, directors, employees, agents, and licensors, harmless from and against any/all claims, actions, demands, liabilities, settlements, lawsuits, and costs of every kind pertaining to any violation of the law or these Terms, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to, or use of the Website and the Content, or your violation of these Terms.
- 15.1 If BySimayDemirci becomes aware of any possible violations by you of these Terms, then we reserve the right to investigate such violations. If, as a result of the investigation, we suspect or have reason to believe that criminal activity has occurred, then we shall refer the matter to any relevant applicable legal authorities.
- 15.2 BySimayDemirci is entitled, except to the extent prohibited by the Applicable Law(s), to disclose any information or materials on the Website, including Your Content, to:
- i. comply with Applicable Law(s), legal process(es), or governmental request(s);
- ii. enforce the Terms;
- iii. respond to any claims that Your Content violates the rights of third parties;
- iv. respond to your requests for customer service, provided no confidential information is being divulged (customer service will only have access to details that will aid them in responding to queries regarding your Order(s), Account, or access to the Website); or
- v. protect the rights, property, or personal safety of BySimayDemirci, its Users, or the public, and all enforcement or other government officials, as BySimayDemirci in its sole discretion deems to be necessary or appropriate.
- 15.3 In the event, the User has violated these Terms, BySimayDemirci can temporarily suspend the User’s Account or indefinitely terminate the Account at our sole discretion.
- If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful, or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by the Applicable Law(s).
- 17.1 If we fail to insist upon strict performance of any of the Users’ obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
- 17.2 Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).
18. THIRD-PARTY RIGHTS
- These Terms are between the Users and us. No other third-party shall have any right to enforce any of its terms, unless expressly stated in these Terms, or as authorised in writing by Us.
19. FORCE MAJEURE
- 19.1 BySimayDemirci shall not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including, but not limited to, acts of God, internet failure, malfunction of data/database/software, service errors, updates to the Website (including, but not limited to, maintenance, repairs, bugs, fixtures, and any other technical issues on the Website ), or otherwise, fire, flood, severe weather, explosion, war, riot, civil commotion, act of terrorism, industrial dispute (whether or not involving BySimayDemirci’s employees), epidemics, pandemics, lockdowns, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities.
- 19.2 BySimayDemirci reserves the right to postpone, cancel, or provide a refund as it deems fit in the event of a force majeure. Any refunds are subject to the sole discretion of BySimayDemirci.
20. GOVERNING LAW AND JURISDICTION
- 20.1 These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (“DIFC”) and the respective Applicable Laws, including, but not limited to, the electronic transaction and e-commerce Laws of the UAE.
- 20.2 The parties irrevocably agree that the DIFC Courts shall have sole jurisdiction to settle any dispute or claim that arises out of or in connection to these Terms or its subject matter or formation (including non-contractual disputes or claims). The parties further agree and acknowledge that the Civil Courts of Dubai may be used to settle any disputes in the event that the dispute falls under the mandate of the laws of Dubai instead of the DIFC laws (pursuant to an order received from the DIFC Courts declaring the jurisdiction of the dispute falls under the Civil Courts of Dubai) and/or in the event of enforcing the DIFC Court judgment.
21. CONTACT INFORMATION
- For further inquiries or comments about BySimayDemirci’s Website or these Terms and Conditions, please contact us at email@example.com.