AGREEMENT

  1. Damas Jewellery LLC (collectively "Damas", "we", "us", "our") is based in Dubai, United Arab Emirates which owns and operates the Internal App Damas Connect (the “App”). By accessing and using the App, you are expressly consenting to the terms and conditions outlined on this page that are effective as of the date and time you use or access the App (the “Terms”). Please read the Terms carefully before accessing or using the information and services available through this App.
  2. These Terms will constitute a legal agreement between “you” (the user of this App) and Damas. If you do not agree to, or cannot comply with, the Terms, please kindly refrain from using this App.
  3. These Terms may be modified from time to time without notice to you and you should therefore regularly review these Terms for any such modifications. If you do not agree to any change to the Terms then you must immediately stop using the App.
  4. Damas reserves the right, in its discretion, to change or modify all or any part of these Terms at any time, effective immediately upon notice published on the App. If at any time the Terms are no longer acceptable to you, you should immediately cease use of the App.
  5. Certain areas of the App may be subject to additional terms of use. By using such areas, or any part of, you agree to be bound by the additional terms of use applicable to such areas. Please refer to our Privacy Policyfor information about how we use your data.
  1. USE OF APP CONTENT
    1. All information, text, materials, graphics, products, product names, images, designs, tag lines, logos, button icons, images, video and audio clips, trade marks, trade names, service names (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the App (collectively, “App Content”) is provided to you as a service to allow you and other users to browse our products and services.
    2. You are only permitted to access and use this App for your personal, non-commercial purposes, and you must not:
      1. Modify, publish, transmit, transfer, sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the App Content, in whole or in part, except as otherwise expressly permitted in these Terms.
      2. Use this App in violation of any applicable law or regulation.
      3. Use this App to transmit, distribute, store or destroy material, including without limitation App Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Damas or others or violate the privacy, publicity or other personal rights of others.
      4. Sell, modify or delete the App Content or reproduce, display, publicly perform, distribute or otherwise use the App Content in any way for any public or commercial purpose.
      5. Access data not intended for you or logging into a server or account which you are not authorised to access.
      6. Attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
      7. Copy or adapt the HMTL code created to generate any App Content or the pages making up the App.
      8. Use the App Content impersonate or otherwise misrepresent your identity or affiliation with Damas or any other person or entity.
      9. Use the App Content to send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertise of products or services.
      10. Use any device, software or routine to interfere or attempt to interfere with the proper working of the App or any activity being conducted on the App, including without limitation, material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
      11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the App.
      12. Frame or link to any App Content or information available from the App.
    3. You shall not copy, store, redistribute or publish any App Content without the express permission of Damas.
  2. INTELLECTUAL PROPERTY
    1. Except as otherwise expressly stated, Damas owns or is an approved licensee to the copyright and all other Intellectual Property contained in the App and the App Content, including but not limited to the "look and feel" of the App, all HTML and other code contained in the App, all text images or links, all product names and images, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned by or licensed to Damas unless otherwise noted. The Marks on the App are variously protected by the laws of the United Arab Emirates and other countries. No use of any of these Marks may be made without the prior, written authorization of Damas. Any reproduction or redistribution of the Marks is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the Marks to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
      “Intellectual Property” means all trademarks, patents, inventions (whether patentable or not), copyrights, moral rights, product designs, design rights, trade names, business names, service marks, logos, service names, trade secrets, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered) including rights in computer software and all registrations and applications to register any of the aforesaid items.
  3. EXTERNAL LINKS AND PROMOTIONS
    1. The App may contain links to other Apps on the Internet that are owned and operated by third parties (the “External Sites”). These links are provided solely as a convenience to you and not as an endorsement by Damas of the contents on such External Sites. You acknowledge that Damas is not responsible for the availability of, or the information and content of any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such external Sites. If you decide to access linked third party Apps, you do so at your own risk.
    2. The App may contain information on various sales promotions that Damas may run on its own or in conjunction with another party. All sales promotions are subject to further terms and conditions that you must comply with if you wish to enter into any sales promotion.
  4. INDEMNITY
    1. You agree to indemnify, defend and hold Damas and Associated Companies (as defined below) harmless from and against any and all claims, liability, suits, judgments, litigation costs, causes of action, demands, recoveries, damages (actual and consequential), fines, penalties, losses, costs and expenses (including attorneys’ fees) of any kind or nature incurred by Damas and/or Associated Companies arising from or in any way related to your use of this App, including, by third parties as a result of your breach of these Terms or any other terms referenced herein, your violation of any law or the rights of a third party, or your use of this App.
      “Associated Companies” means any company, partnership or other entity controlled by, controlling or in common control with Damas or its parent or any subsidiary, including the management and directors of such entities. A person, company, partnership or other entity shall be deemed to control another person, company, partnership or other entity if the former person, company, partnership or other entity possesses, directly or indirectly, the power to direct, or cause the direction of, the management and policies of the other person, company partnership or other entity whether through the ownership of voting securities or partnership interests, representation on its board of directors or similar governing body, by contract or otherwise;
  5. YOUR ACTIVITY AND Termination of YOUR Service
    1. You use this App at your sole risk. You agree that you will be personally responsible for your use of this App and for all of your communication and activity on this App.
    2. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the App.
    3. You agree not to collect or harvest any personally identifiable information, including account names, from the App, nor to use the communication systems (if any) provided by the App for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the App with respect to any submissions made by them.
    4. Damas reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the App at any time for any reason without prior notice or liability. Damas may change, suspend or discontinue all or any aspect of the App at any time, including the availability of any feature, database, or App Content, without prior notice or liability. Notwithstanding such termination or suspension, you will continue to be subject to these Terms. Except as otherwise expressly stated in these Terms, Damas shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the App.
  6. DISCLAIMERS OF WARRANTIES & LIMITATIONS OF LIABILITY
    1. The App and the App Content are provided on an "AS-IS", “without faults” and “as available” basis and, to the extent lawful, with no warranties whatsoever. Damas expressly disclaims (to the fullest extent permitted by law) any and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, freedom from computer virus, title, and non-infringement of proprietary rights.
    2. Damas and Associated Companies (as defined herein) are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in way connected with, the use or inability to use the App and the App Content, or inability to enter into a sales promotion, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Damas is advised of the possibility of such damages.
    3. Without limiting the above paragraph, Damas does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any third party advertiser in any way.
    4. Damas does not represent or endorse the accuracy or reliability of any App Content and you acknowledge that any reliance upon such App Content shall be at your sole risk.
    5. Damas is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on this App or combination thereof, including any injury or damage to any users or to any person's computer related to or resulting from participation or downloading materials in connection with the App.
    6. Documents available from the web server were prepared as an account of work sponsored by a client or our own work. Neither Damas nor any client thereof, or any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.
    7. Reference to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favouring by Damas. The views and opinions of document authors do not necessarily state or reflect those of Damas or any agency thereof.
    8. Damas shall not be liable to you or be deemed in breach of these Terms by reason of any delay in performing, or any failure to perform any of our respective obligations under these Terms, if the delay or failure was due to any cause beyond our reasonable control. This may include any act of god; legislation; war; fire; flood; drought; inadequacy or unsuitability of any instructions, electronic file or other data or materials. Failure of power supply; lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute; or owing to any inability to procure materials required for the performance of the Terms.
  7. GENERAL
    1. These Terms contain everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this document was executed.
    2. Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.
    3. If we fail, at any time, to insist upon strict performance of any of your obligations in accordance with these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  8. GOVERNING LAW AND JURISDICTION
    1. These Terms as well as your access to our App is subject to and governed by the laws of United Arab Emirates as applied in the Emirate of Dubai without giving effect to conflicts of law principles thereof. Any dispute regarding this Terms or our handling of your Personal Information and General Information is subject to the exclusive jurisdiction of the Courts in Dubai.

Thank you for your cooperation. We hope you find this App helpful and convenient to use. If you have questions or comments regarding this App, please Contact Us.

 

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