Terms & Conditions
TERMS AND CONDITIONS
These Terms and Conditions govern your use of the www.thefresh.ae (“Website”).
Please read these Terms and Conditions carefully before proceeding with the use of our services on our Website as they affect your rights and liabilities under the law. By using our Website, the user (hereinafter referred to as “you” or “your”) agree and accept our Terms and Conditions.
This Website is owned and operated by The Fresh LLC registered with the Sharjah Media City Free Zone Authority (hereinafter referred to as "we" or "us” or “our”). We reserve the right to revise these Terms and Conditions at any time. You agree to be bound by subsequent revisions and agree to review the Terms and Conditions periodically. Your continued use of the Website following any such change constitutes your agreement to these Terms and Conditions as so modified.
1. ELIGIBILITY TO ACCEPT TERMS AND CONDITIONS
1.1. You affirm that you are at least eighteen years of age and are fully able and competent to understand the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
1.2. You affirm that you are eligible to contract under applicable laws and you are further authorised to avail our services.
2. ACCOUNT REGISTRATION
By registering with the Website, you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as failure to log out from the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.
3. USER OBLIGATIONS
3.1. When accessing and using our services, you shall abide by the following:
3.1.1. You shall be responsible for maintaining the confidentiality of, and restricting access to and use of your information, and accept responsibility for all activities that occur in your name, unless stated otherwise.
3.1.2. You will provide accurate, complete and true information about yourself and your use of the services as required by us.
3.1.3. You will not collect personal data of other users for any commercial or unlawful purposes.
3.1.4. You will cooperate with our requests for any additional information with respect to the use of our services.
3.2. You shall not do or permit any other third parties to do any of the following:
3.2.1. Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
3.2.2. Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;
3.2.3. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
3.2.4. Account sharing, including, without limitation, letting third parties use your account and password.
3.3. When using or accessing our services, you agree that you will not conduct any activity that is deemed inappropriate or is prohibited or which may not be in compliance with the regulations of Sharjah Media City Free Zone Authority and laws of the UAE.
3.4. We reserve the right to suspend or terminate your account if you are found to be in violation of any of our Terms and Conditions.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. All content included in or made available through our Website and the services associated with it, such as text, pictures, graphics, logos, button icons, images, audio clips, digital downloads or any other mode of data compilations belongs to us, and shall not be used by anyone without our consent in writing.
4.2. You shall not extract and/or re-utilize parts of our content without our express written consent.
4.3. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors.
You agree to indemnify and hold harmless our Website, its employees and all respective representatives and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our Website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights.
6. LIMITATION AND TERMINATION OF SERVICES
6.1. You acknowledge and agree that our Website reserves the right at any time to modify, limit or discontinue the service (or any part thereof) with or without notice and that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the service.
6.2. You acknowledge and agree that we in our sole and absolute discretion, has the right to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the service (or any part thereof), immediately and without notice, and remove and discard any content within the service, for any reason or no reason at all, including, without limitation if we come across that you have violated the Terms and Conditions, breached this agreement, have engaged or engaging in any manner in a fraudulent activity, or for similar reasons.
7. LIMITATION OF LIABILITY
7.1. We do not promise that the Website or any content, service or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its content are delivered on an "as-is" and "as-available" basis. All information provided on the Website is subject to change without notice. We cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features.
7.2. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. You agree, understand and confirm that your personal data including without limitation details relating to debit card/ credit card/net banking transmitted over the internet may be susceptible to misuse, hacking, theft and/ or fraud and that we have no control over such matters.
7.3. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
8.1. We take caution regarding your privacy and are committed to protecting your personal data that you provide us herein.
9. GENERAL INFORMATION
9.1. It is hereby understood and stated that the Terms and Conditions laid down hereunder jointly represent the entire agreement and supersede any other agreement or understanding written, oral or implied that you have had with our Website. Any other statement, inducement, promise, covenant or condition not expressly found herein shall be deemed as null and void.
9.2. The failure on our part to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
9.3. If any provisions of these Terms and Conditions is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms and Conditions shall not in any way be affected or be impaired.
9.4. You will not assign any rights or delegate any obligations under these Terms and Conditions, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
9.5. We are registered with the Sharjah Media City Free Zone Authority (SHAMS), and this policy shall be governed and construed in accordance with the rules and regulations of the SHAMS, as applicable and the applicable federal laws of the United Arab Emirates. Any dispute arising out of the formation, performance, interpretation, nullification, termination or invalidation of this policy or arising therefrom or related thereto in any manner whatsoever, shall be settled by arbitration in accordance with the provisions set forth under the Dubai International Arbitration Centre (DIAC) Rules (the “Rules”), by one arbitrator appointed in compliance with the Rules.
10. CONTACT US
If you have any questions, concerns, or comments about these Terms and Conditions, you may contact us at: