JizanOnline.Net (the "Site") is a website operated by JIZAN PERFUMES LLC ("JIZAN" or "We" or "Us"), a limited liability company duly incorporated under the regulations of the Department of Economic Department in Dubai (“DED”) in Dubai, United Arab Emirates (“UAE”); which expression shall include its assigns, nominees, affiliates, subsidiaries, parent company, representatives and agents.
This website is an online platform created by JIZAN to enhance customer access to products and items and to facilitate and allow for the sale and purchase of products and items by the Users within the UAE and other countries, globally.
By using this Site/website and its services, you agree to the following terms and conditions of use (“T&Cs” or the “Agreement”).
- ACCEPTANCE OF TERMS, INTRODUCTION & DEFINITIONS
- The following terms and conditions govern your access and use of the Site and any and/or all of its related sub-domains, websites, services or tools. By accepting these terms and conditions and by using the Site by accessing the website, browsing, shortlisting, cataloging or placing purchase orders, you confirm that you agree, understand and acknowledge to comply with these terms and conditions in relations to your access and use of the Site and its services. If you do not agree and accept to be bound by this T&Cs, please do not access, use or browse the Site or submit any purchase orders on this Site or any of its sub-domains, links, services, servers or tools.
- The provisions of this T&Cs may be waived, altered, modified, changed, amended or supplemented, in whole or in part by JIZAN at any time without prior notification or acceptance of the Users. By accepting this T&Cs, you agree, understand and acknowledge that amendments to this T&Cs would be made by JIZAN at any time, at its own sole discretion, that may pertain or affect and not be limited to your obligations and/or rights, without your prior agreement or consent. The amendments of the T&Cs would have immediate effect. JIZAN may post a notice of the amendments on the website or notify you through the registered email address provided by you.
- JIZAN shall have the right, but not the obligation, to monitor the content of the Site, including uploads from Users to determine compliance with this Agreement and any operating rules established by JIZAN and to satisfy any law, regulation or authorized government request. JIZAN shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, JIZAN shall have the right to remove any material that JIZAN in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- As used in this Agreement, the term “User” shall refer to any legal person accessing, browsing, shortlisting or cataloging products and/or using the website. The right to use the Site is personal to User and is not transferable to any other third party, person or entity within the UAE or elsewhere. User is responsible for all use of User's Account (under any screen name, user name or password (the “login details”)) and for ensuring that all use of User's Account complies fully with the provisions of this T&Cs. User shall be responsible for protecting the confidentiality of User's password(s) and login details, if any.
- As used in this T&Cs, the term “Site” shall refer to the online platform operated by JIZAN on the website JizanOnline.Net; that shall be only deemed a platform through which JIZAN lists products and items on the Site. The User goes on the Site and browses the listed products for sale. Through the Site, JIZAN provides an online service through which the User in their professional conduct of business can search, compare and make an order. By using or utilizing the Site, the User acknowledges and agrees that it will enter into a direct and legally binding contractual relationship with JIZAN.
- As used in this T&Cs, the term “Order” shall refer to any product that has been selected for purchase by the User on the Site.
- TERMS OF USAGE OF THE SITE
- By accessing or using this Site, you undertake, represent and warrant that:
- Under this T&Cs and at the sole discretion of JIZAN, JIZAN maintains the authority and right to withdraw access or use of this Site of any person or entity without prior notice or consent;
- You shall comply with this T&Cs and to all the relevant and applicable rules, regulations and Laws governing this Agreement;
- PLACING AN ORDER AND/OR PURCHASING A PRODUCT ON THE SITE
- JIZAN lists products and items offered and sold on the Site. The User accesses the Site, browses the listed product(s) and places an Order to purchase. From time to time, JIZAN, could at its sole discretion, restrict the quantity, nature of brands or makes of product(s) placed for order or purchased by the respective User.
- The Services of the Site includes a platform with product catalogues, product images, price lists, pages to view account statements and orders, download orders and enables User to place online orders on JIZAN on-hand stock or incoming stock and/or initiate requests for items currently not in stock with JIZAN or make offers to JIZAN. Users agree, including but not limited to, following terms for use of such services:
- All orders placed shall be as per Inco-terms: EX-WORKS (INCOTERMS: 2010) unless expressly agreed differently by authorized JIZAN’s employee handling Users account and endorsed in commercial documents of JIZAN such as Sales Order or Sales Invoice.
- JIZAN has the sole right to cancel any order placed by the User placed on the Site if the payment is not processed as per the credit terms granted by JIZAN to the User.
- JIZAN shall allow non-cancellation of Sales Order up to thirty (30) calendar days from the date of Sales Order generated from the Site to the User.
- All merchandize supplied by JIZAN are third party trademark registered products. JIZAN shall only make such supply to the User in the capacity of a trader. JIZAN expressly warrants that it shall not and is not in a position to provide any certifications, warrants or documents in relation to merchandise supplied or to be supplied, including but not limited to Material Safety Data Sheet (“MSDS”), lab certifications or governmental permits.
- User will not use any information or material, including images or photographs or other materials protected by intellectual property laws, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User owns or controls the rights thereto or have received all necessary consent to do the same.
- Users will not upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files or any other similar software or programs that may damage the operation of another’s computer or property.
- User will not provide his/her credentials of the Site to any third party, person or entity not associated with the User.
- JIZAN has no obligation to monitor the use of the Site. However, JIZAN reserves the right to review the usage of the Site. JIZAN reserves the right to terminate User’s access to any or all of pages in the Site at any time per its absolute discretion, without notice or prior consent of the User, for any reason whatsoever.
- JIZAN reserves the right to disclose any information or personal data about the User for our legitimate business interests/purposes, as below:
- to process and respond to a User’s inquiries or queries;
- manage our relationship with you;
- to enhance Users experience;
- to form a view on what we think you may want or need, or what Products may be of interest to you;
- to receive marketing and promotional communications from us, unless you have opted out;
- to conduct and compile anonymous statistics, such as website usage statistics and statistics on the effectiveness of invitations and other emails;
- to comply with our legal, regulatory and compliance obligations that we have to discharge; or
- wherever otherwise required by JIZAN and permitted by the applicable law.
- The User agrees, acknowledges and understands that the checkout process and transaction is the sole responsibility of the User and subsequent transactions thereafter, such as but not limited to order confirmation, issuance of Sales Order/Invoice and delivery is handled by Jizan.
- The transaction shall be considered complete upon payment by the User and the day the goods leave JIZAN’s warehouse to be delivered to the User.
- For the User to open an account, the User must be able to complete the registration process by providing JIZAN with current, complete and accurate information as prompted by the applicable registration form. JIZAN will, upon receipt of all required documentations and information from the User, create a username and password for the User and will share the same with the User. The User is entirely responsible for maintaining the confidentiality of User’s password and account details including login details and username. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify JIZAN immediately of any unauthorized use of User’s account or any other breach of security. JIZAN will not be liable for any indirect or direct loss that User may incur as a result of a third party or un-authorized person or entity using or acting on the User’s password or account details, either with or without User’s knowledge. However, User could be held liable for losses incurred by JIZAN or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
- INTELLECTUAL PROPERTY (“IP”)
- Any work of authorship, patent, copyright, trademark, process and/or technical information or any other IP shall be the sole property of JIZAN. Users of the Site, understand and agree that all rights, titles and interests in and to IP belong completely and solely to JIZAN.
- All content, data or information available and included on the Site including but not limited to images, graphics, logos, words, terms, registered or unregistered trademarks, icons, texts, button icons, User interface, audio clips, video clips, editorial content, scripts, downloads and/or software contain proprietary information and material that is the property of JIZAN and is protected by the UAE’s laws on copyrights, trademarks, patents and all other laws on IP.
- All trademarks on the Site shall not be used by the Users or any third party without the written express authorization and approval of JIZAN. Any other trademarks that are not owned by JIZAN that may appear on the Site are the property of their respective owners who may be or may not be affiliated with or connected to JIZAN or its services.
- The foregoing provisions of this Section are for the benefit of JIZAN, its related parties, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- The names of actual companies and products mentioned herein or on the Site may be the trademarks of their respective owners. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
- JIZAN logos are owned and operated by JIZAN, all rights reserved, whether registered or unregistered trademarks. All other trademarks appearing on JIZAN are the property of their respective owners.
- Without limiting the foregoing, reproduction of the Site to any other server or location for further reproduction or redistribution is expressly prohibited, unless permitted and approved expressly in writing by JIZAN and/or its suppliers and related parties, with JIZAN’s written consent and approval.
- Further that, the Site shall not be shared with other individuals, companies or third parties who are not directly affiliated with the User, as the Site remains to be a confidential transaction between JIZAN and the User and may contain trade secrets.
- ELECTRONIC COMMUNICATIONS AND CORRESPONDENCES
- By accepting this Agreement, you agree, confirm, understand and acknowledge that we may communicate with you by any form of communication through the contact information provided by you such as but not limited to email, telephone, messages or by posting notices or notifications on the Site. The communications may include and not be limited to informative notices, updates and/or promotional or marketing data or information. If, at any time, you decide that you wish not to receive promotional emails, you may opt out of receiving such emails by the Contacts Us or My Message option available on the Site. Further, the User may also communicate with Jizan by sending an email to support@jizanperfumes.com or, through any other communication channels that may be made available by Jizan from time to time and shared with the User.
- PURPOSE(S) AND SERVICE(S) OF THE SITE
- This Site is merely an online platform formed and created by JIZAN to enhance customer access to products and items and to facilitate and allow for the sale and purchase of products and items within the UAE and other countries, globally.
- This Site serves as a connecting bridge with the User, whereby the Site displays and lists products offered and sold by JIZAN with their respective images, specifications and prices, allowing the Users to browse, place orders and buy products and items off the Site.
- You agree, understand and acknowledge that the commercial transaction for the sale and purchase of products shall be directly between JIZAN and the User and the Site acts as a connecting medium.
- None of the provisions of this Agreement shall be deemed or implied to constitute a sale purchase agreement between the User and JIZAN in any way whatsoever. This Agreement outlines the terms of use of the Site facilitating the transaction(s).
- LIMITATIONS OF LIABILITY
- You acknowledge, understand and agree that JIZAN and its suppliers or affiliates shall not be liable or responsible for any fault(s), defect(s) or damage(s) of whatever nature found in the product(s), item(s) or purchase(s) placed on the Site and/or be liable for the delivery including but not limited to the state of product or item prior to, during, upon or after delivery or the process of delivery including but not limited to any delays in delivery, lack of cooperation connected to the delivery or any matters linked, connected or associated with the delivery of any sort.
- JIZAN shall not be liable or be held responsible by any party or third parties for any direct or indirect losses, tangible or intangible losses, negligence, damages to products or items displayed, sold, and/or consequential or incidental or exemplary damages, loss of profits, goodwill, business, property, opportunity, data and/or information provided on the Site arising or in connection with this Site.
- JIZAN does not guarantee, warrant or represent that your use of the Site services will be uninterrupted or error-free (whether it be a technical online error or human-caused error).
- You agree, acknowledge and understand that JIZAN may at its sole discretion and at any time, remove the Site services for indefinite durations of time or cancel, modify, amend, change or alter terms of use or access of the Site service or the membership and/or registration of the User at any time without prior notification or acceptance by you. The Users shall be bound by such changes made and is responsible for reviewing any applicable changes, deletion or amendment thereto.
- You agree, acknowledge and understand that linked sites are provided only as a convenience and are not under the control of JIZAN and shall not incur any responsibility for its contents. JIZAN is a retailer and wholesaler of content supplied by third parties and Users and has no editorial control over any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, neither guarantees the accuracy, completeness, or usefulness of such contents, not carrying liability for any loss or damage caused by a User's reliance on information provided by Users other than authorized person through the Site.
- You agree, acknowledge and understand that your use of or inability to use the Site service is at your sole risk and responsibility, without warranties or liability of JIZAN of any kind whether expressed or implied.
- JIZAN shall have no responsibility for any technical issues occurring on or to the Site which the Users may face when trying to access or while browsing the website. Wherever the Site contains links to third party websites or other servers, JIZAN and the Site shall not be liable of those websites, or any harm caused to the User by those links or websites. The Users shall access those websites by their own responsibility and at their own risk.
- JIZAN shall not be liable or responsible for any unsatisfactory or delayed delivery, availability or unavailability of products, standards, for the insurance or warranty placed on products or the lack thereof, to any damages caused to or by the products (whether direct or indirect).
- JIZAN shall not be liable for the actions, inactions, errors or omissions whether on behalf of itself, other Users or any third party.
- JIZAN maintains no control over the products listed or sold in anyway and does not guarantee the quality, worth, attributes, specifications, classifications or safety of the displayed, listed or sold products and items.
- JIZAN excludes all implied warranties, liabilities, terms or conditions and is not liable for any loss of money, goodwill or reputation or any direct, indirect or consequential damages.
- JIZAN and its subsidiaries, employees, officers, representatives and affiliates shall be released and indemnified regarding any claim, cost, damage, liability, dispute, disagreements or other indirect or direct consequence(s) arising from the use of this Site.
- JIZAN, may include text descriptions, graphics or images that describe the products or items for listed and displayed for sale. In the case that such information is incorrect, requires any amendment or change, has been classified into the wrong category or is misleading, JIZAN shall not be held responsible or liable.
- JIZAN shall not be liable for any inaccuracy, completeness, correctness and non-delivery of any information on the Site and shall not be held responsible for any errors (including typographical errors), any interruptions, whether due to any breakdown, repair, upgrade or maintenance of the Site or otherwise. Further, JIZAN shall not be held responsible for the accuracy, completeness and/or correctness of the information, including the rates/fees/prices, policies & conditions and availability of the products displayed on the Site.
- The User agrees and understands that JIZAN cannot guarantee the continuous operation of or access to the Site. The User acknowledges that JIZAN may, from time to time, upgrade features of the website including the Site services and/or certain aspects of the Site that it provides to the Users.
- JIZAN shall not be liable for any punitive, special, direct and indirect or consequential loss or damages, loss of or damage to goodwill or reputation, any inaccuracy relating to descriptive information on the Site, any other damages, losses or costs suffered, incurred or paid by the User, whether due to legal acts, errors, breaches, gross negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or wholly or partly attributable to the User or any of other third parties.
- The site is provided on an "as is" basis without warranties, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement.
- The User expressly agrees that use of the site is at User’s sole risk. Neither JIZAN nor its related parties warrant that the Site will be uninterrupted, timely, secure or error free and do not secure the accuracy, reliability or content of any information, service or, merchandise provided.
- NO CONSEQUENTIAL DAMAGES
- JIZAN and/or its suppliers and affiliates shall not be liable for any direct, indirect, incidental or consequential damages suffered by the User or any third party during the course of this Agreement and thereafter, or for any punitive damages with respect to any term or the subject matter of this Agreement, usage of the product or fitting of the product.
- User agrees to defend, indemnify and hold harmless JIZAN, its related parties or its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the Site by User or User's Account.
- DEFAULT
-
If any User shall, by any act or omission, is in breach of any obligation under this Agreement and such breach shall continue for a period of seven (7) calendar days after written remedial notice thereof has been given by JIZAN through any mode of communication such as by email, JIZAN shall have the right to terminate this Agreement with immediate effect without the requirement of a prior written notice to or consent or court order, from the User.
- FORCE MAJEURE
- JIZAN shall not incur liability of any kind or nature whatsoever in relation to the other Party in the event of a failure to perform any of its obligations hereunder directly or indirectly caused by circumstances beyond the relevant Party’s reasonable control such as and not limited to acts of nature, forces or causes beyond its reasonable control including without limitation internet failures, computer, telecommunications or any other equipment failures, war, war-like activities, government orders, riots, civil commotion, strike(s), lock-out or similar actions, an act of God, orders of domestic or foreign courts or tribunals, non-performance of third parties, or peril of the sea and/or any other similar case.
- JIZAN shall not be responsible for any errors or mistakes of technical or typographic nature, which may have occurred unwillingly or due to the suspension of the website’s service due to force majeure.
- FEEDBACK
-
JIZAN encourages Users to provide feedback on the delivery processes and quality of interaction with the Site after a transaction has closed and the product has been delivered. Your feedback would only be accessible and displayed to JIZAN and cannot be retracted once sent or provided. JIZAN shall not be responsible or liable in any way for the feedback provided. Feedbacks are not created or designed for any purpose other than to inform or make aware JIZAN of your experience.
- MISCELLANEOUS
- Without prejudice to any other rights or remedies of JIZAN under this Agreement or at law or otherwise, JIZAN could at its sole discretion immediately, without prior notification and without liability, limit the activity and access temporarily or indefinitely of Users on the Site or limit or withdraw registered memberships. JIZAN shall at any time and at its sole discretion reinstate suspended Users.
- The provisions of this Agreement may be waived, altered, amended or supplemented, in whole or in part by JIZAN without prior notification or acceptance of the Users or any third party. By accepting this Agreement, you agree, understand and acknowledge that amendments to this Agreement would be made by JIZAN at any time, at its own sole discretion, that may pertain or affect and not be limited to your obligations and/or rights, without your prior agreement or consent. The amendments of the Agreement would have immediate effect. The Users shall be bound by such changes made and is responsible for reviewing any applicable changes, deletion or amendment thereto.
- JIZAN shall at any time during the duration of this Agreement or after, transfer any or all of its rights, authorities, obligations and/or liabilities under this Agreement to any of its affiliates or subsidiaries without prior notification to you or agreement of the User.
- If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.
- GOVERNING LAW
- This Agreement will be governed and interpreted in accordance with the laws of the UAE. Each Party irrevocably waives any objection on the grounds of venue, forum non-convenience or any similar grounds and irrevocably consents to service of process by consents to the jurisdiction of the courts located in Dubai, UAE.
- Provision 44 shall survive any expiry or cancellation of this Agreement for any reason.
- CONTACT
If you have any questions, complaints or concerns about this Terms and Conditions, including any requests to exercise your legal rights, please contact us at the Contact Us or My Messages available on the Site or, by sending an email to support@jizanperfumes.com.