Effective Date: August 17, 2017
These Terms and Conditions apply to the use of the Website and regulate the relationship between the Company and the Consumer.
The mobile version of the Website may not contain the same functionality available on the desktop version of the Website.
By using and accessing the Website the Consumer agrees to be bound by the Offer Terms and all applicable law. The Consumer explicitly consented in writing to these Offer Terms when he/she first sets up an account on the Website, and/or confirmed his/her consent each time he/she uses the Website. If Consumer does not have the authority to agree to or accept these Offer Terms, he/she may not use or access the Website.
1. DEFINITIONS AND INTERPRETATION
1.1."Website" means a service of order and delivery posted on the Internet at www.keeob.com, which provides the Consumer with the opportunity to place an Order for Goods under the conditions provided in the Offer Terms.
1.3."Offer Acceptance" - acceptance of the Offer by the Consumer to use the Website.
1.4."Goods" means products and/or services, the realization of which for the Consumer is carried out by the Supplier by placing the Order on the Website by the Consumer.
1.5."Order" means an order of the Goods executed by the Consumer on the Website, as a result of which the Consumer concludes an agreement on realization of the Goods with the Supplier on the terms specified in the Offer.
1.6."Supplier" means an individual/legal entity, selling Goods to Consumers through the Website.
1.7."Company" means a legal entity participating in the selling of the Supplier’s Goods to the Consumers of the Website when they place an Order.
1.8.Consumer" means an individual of 14 full years old or older, that has provided personal information to register with the Website as a member to purchase Goods from Company, that entitled to use the Website provided by Company.
1.9."ID" means a combination of letters and numbers chosen by Consumer, approved by and registered with Company, for purposes of identification and use of the Website.
1.10."Password" means a combination of letters and numbers chosen and registered with Company by Consumer, to verify the his/her identity and protect his/her rights, interests and confidential information.
1.11."Personal Information" means information that relates to living individuals and which can be used to identify specific individuals by name or other description (including that which can be easily combined with other information and thereby used to identify specific individuals).
1.12."Promo code" means a certain sequence of characters, subject to activation of which and other conditions for the use of the Promo code are met, the Consumer is given a discount on the cost of the Goods.
1.13."Recipient" means an individual/legal entity indicated during the placing of an Order, as the addressee of the Goods. The Recipient of the Goods may be the Consumer or a third party specified by him during the placing of an Order.
In the Offer Terms the paragraph headings are used for convenience only. They are not intended to describe the entire content of the paragraphs or have any effect on their interpretation.
2. DISCLOSURE AND AMENDMENT OF THE OFFER TERMS
2.1. The Company will disclose the Website Terms on the initial landing page or connecting page of the Website to help Consumer to verify the Website Terms, together with the name of Company, place of business, the name of representative(s), business registration number, online sales registration number and contact numbers of Company.
2.2. The Company may amend the Website Terms to the extent permitted by any other applicable laws.
2.3.The Company will alert Consumer of any additions, deletions or revisions of the Offer Terms by disclosing them on this Website, at least 7 (Seven) days prior to the date of change (as an exception, at least 20 (Twenty) days prior to the date of change, in case of material disadvantageous change in Consumer right), and will notify Consumer by email or text before the change becomes effective. Unless Consumer objects, the new Offer Terms will apply to Consumer prospectively commencing from the specified effective date.
3. FORMATION OF THE WEBSITE USER AGREEMENT
3.1.The Website User Agreement (hereinafter "User Agreement") shall be formed upon Consumer’s Offer Acceptance, from a person who intends to use the Website provided by Company. The Company will notify its intent to accept the application by disclosure of such intent on the relevant webpage of the Website or by email or otherwise.
3.2.A person who intends to use the Website shall read the Offer Terms and enter necessary information in the form application for membership as provided by Company.
3.3.A person of 14 full years old or older is eligible to the membership to the Website. An applicant shall apply for the membership in his/her real name. If anyone applies for the membership with a name other than his/her real name or by misappropriating another’s information, such applicant may be restricted from using the Website or penalized pursuant to applicable laws and regulations.
3.4.Applications will be handled on the first-come-first-served basis, and admission to the membership will become effective at the time when the acceptance by Company is received by Consumer.
3.5.The Company may withhold or refuse its acceptance of an application in any of the following cases:
3.5.1.if reapplied within 2 (Two) months from Company’s termination of the User Agreement;
3.5.2.if reapplied by the Consumer that is subject to the membership suspension or other action by the Company, during the suspension or other applicable period;
3.5.3.if the facilities/equipment cannot afford or if there is technical difficulty; and
3.5.4.if the application is found to be unlawful, unfair or in violation of the Offer Terms, or if it is deemed necessary to do so in Company’s reasonable judgment.
4. CHANGE AND PROTECTION OF PERSONAL INFORMATION
4.1.The Consumer may not provide false information when applying for the membership, and in the event of any change in the information provided when applying for the membership, the Consumer must inform the Company of any changes to that information by updating his/her registration details on the Website.
4.2.Notification to the Consumer by the Company shall be considered complete when the notice is delivered to the address or e-mail address provided by Consumer. Any damages arising out of the failure to update information must be borne solely by the relevant Consumer, and the Company shall not be held liable for any such damages.
4.3.The Company will not use any information provided by the Consumer for the execution of a User Agreement, for any purpose other than its operation of the Website as consented to by the Consumer. If a new purpose of use arises or for the disclosure of the information to a third party, the Company shall notify the purpose(s) of use or disclosure of the Consumer’s information (as the case may be) and obtain separate consent from the Consumer in the phase of the use or disclosure of the Consumer’s information; provided, however, this shall not be the case if prescribed otherwise by applicable laws and regulations.
5. CONFIDENTIALITY OF ID AND PASSWORD
5.1.Each Consumer shall be responsible for the confidentiality over his/her ID and Password, and may in no event assign or lend any of them to a third party.
5.2.Each Consumer and each user of the Website shall take the responsibility for any and all damages and losses arising out of the leak, assignment or lending of a ID or Password, that occurs due to a cause that is not attributable to the Company.
5.3.If a Consumer becomes aware of the theft, or unauthorized use by a third party, of his/her ID or Password, the Consumer shall immediately notify the Company thereof and the Company shall exert its best efforts to handle the situation promptly.
6. TERMINATION OF THE USER AGREEMENT
6.1.Termination by Consumer:
6.1.1.A Consumer may terminate the User Agreement at any time by notifying the Company of the Consumer’s intent to terminate it through the applicable Website webpage; provided that the Consumer has taken necessary actions to consummate any and all transactions at least 7 (Seven) days prior to the date of the termination notice.
6.1.2.A Consumer shall be solely responsible for any consequences arising out of a termination notice sent within the said period, and upon termination of the User Agreement, the Company may withdraw all benefits additionally granted to the Consumer by the Company.
6.1.3.If a Consumer who has terminated the User Agreement intends to use the Website later again, the Consumer’s use of the Website will not be permitted unless the Consumer notifies the Company of his/her new intent to use the Website and the Company accepts the offer.
6. 2.Termination by the Company:
6.2.1.The Company may terminate the User Agreement in the event of occurrence or finding of the following:
22.214.171.124.violation of, infringement upon or damage to the rights, reputation, credit or any other interest of any other Consumer or third party, or breach of United Arab Emirates laws/regulations or public order and good morals;
126.96.36.199.obstruction of or any try to impede the proper processing of the Website provided by the Company;
188.8.131.52.circumstances in which the Company finds it necessary, in its reasonable judgment, to refuse the provision of access to the Website.
6.2.2.If the Company terminates the User Agreement with a Consumer, the Company will notify Consumer of its intent of termination by disclosing the reason(s) for termination by e-mail, by phone or otherwise. The User Agreement shall be terminated at the time when the Company notifies the Consumer of its intent of termination.
6.2.3.Even if the Company terminates the User Agreement, these Offer Terms shall continue to apply with respect to the consummation of a sale and purchase contract entered into on or before the termination.
6.2.4.When the User Agreement is terminated by the Company, it may withdraw all benefits additionally granted to the Consumer by the Company.
6.2.5.If the User Agreement is terminated by the Company, it may refuse to accept the Consumer’s re-application.
7. TERM AND SUSPENSION OF PROVISION OF THE WEBSITE SERVICES
7.1.The term of the provision of the Website services will begin from the date on which use of the Website services are applied for, and ends on the date of termination of the User Agreement.
7.2.The Company may suspend its provision of the Website services temporarily upon the occurrence of a justifiable event, including without limitation, the maintenance, repair, examination, replacement of information and communications facilities (such as computers), or if such facilities are out of order; provided that the fact and reasons for temporary suspension of the Website services shall be notified on the initial landing page of the Website.
7.3.The Company may restrict or temporarily suspend its provision of the Website services if it is unable to provide the Website services due to an act of God or a force majeure event equivalent thereto.
8. EXECUTION OF CONTRACTS AND PAYMENT OF ORDER
8.1.Nothing in these Offer Terms or elsewhere on this Website constitutes an offer to sell or supply Goods. Consumer’s order of Goods constitutes an offer to purchase them. The Company’s order confirmation confirms the receipt of Consumer’s order, but does not constitute an acceptance of it.
8.2.The Company will provide methods for payment of the purchase in cash and/or by plastic card, or by other means.
8.3.The Consumer will enter information relating to the payment of the purchase at his/her own responsibility, and shall solely take any and all liabilities and disadvantages arising out of the information entered by the Consumer in relation to the payment of the purchase.
8.4.The Company may cancel a transaction without the consent of any Consumer, if the purchase is not paid within a certain time period after the Order is placed.
8.5.The Company will take measures to allow the Consumer to check the contents of the executed sale and purchase contract on the webpage of "Order status".
8.6.The Company may check whether the Consumer is lawfully entitled to use the payment means used when paying the purchase. The Company may suspend the transaction until the completion of confirmation of the Consumer’s right to such use, or cancel the transaction if it is impossible to obtain such confirmation.
8.7.The amount actually paid by the Consumer shall be an amount (actual purchase), any basic usage fees, promo codes applicable to the particular item, delivery fees and so on. The proof of purchase (i.e. cash payment receipts, tax invoices, plastic card slips, etc.) will be issued upon Consumer’s request to show the amount of the actual purchase.
9.1.The confirmed payment for instant prepaid airtime (instant top-up) of a certain operators of the prepaid mobile networks, prepaid fixed line telephony, prepaid ISPs, prepaid calling cards, prepaid TV and etc. or digital Goods that are provided to the Consumer directly through the Internet cannot be cancelled.
10. PROMO CODE
10.1.The Company may issue Promo codes under which a Consumer using the Website may get discount at a certain rate or in a certain amount when the Consumer makes a purchase.
10.2.The Consumer shall use Promo codes for the Consumer’s own purchase only, and shall in no event sell or transfer any of them in substance to another; provided that the Company may allow the transfer of Promo codes on certain terms and conditions of transfer as prescribed by the Company, in which case the Consumer may transfer them on such terms and conditions only.
10.3.Use of Promo codes may be subject to limitations depending on the Goods or price of Goods and/or services. No Promo codes may be used after the expiry of its valid term.
11. MANAGEMENT OF CONSUMERS
11.1.The Company may take the following actions with respect to a Consumer who has violated these Offer Terms, applicable laws and general principles of commercial transactions:
11.1.1.withdrawal of benefits (in part or in whole) provided by the Company additionally;
11.1.2.restriction upon the use of certain services;
11.1.3.termination of a User Agreement; and
11.1.4.bringing a claim for damages.
11.2.If the Company intends to take any action provided in the foregoing section against a Consumer, the Company must in advance notify the Consumer thereof by phone or by email, and if inevitable (such as, if it is impossible to reach such Consumer or in an emergency situation), the Company may notify the Consumer after taking the action.
11.3.A Consumer may raise an objection to the action (to be) taken by the Company, if the Consumer has a reason for such objection.
12. MANAGEMENT OF CONSUMER’S CREDIT RATING
12.1.The Company may ascribe a certain credit rating to the Consumer, based on the amount, number and frequency of the Consumer’s purchase and other performance records and the like, and grant certain benefits depending on the respective credit ratings.
12.2.The Company may disclose any and all terms and conditions of the credit ratings ascribed to the Consumers and respective benefits granted by the Company.
13. INTELLECTUAL PROPERTY
13.1.Ownership: The Website materials are owned by the Company, and are protected by laws of the United Arab Emirates and international copyright and other intellectual property laws.
13.2.Brand: KEEOB and its respective design and logo are registered copyrighted works and may not be copied, imitated or used, in whole or in part, without the prior written permission of the copyright holder.
In addition all page headers, custom graphics, button icons and scripts are copyrighted works and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the copyright holder. All other trademarks, registered trademarks, copyrighted works, name of the Goods and name of Companies or logo mentioned herein or on this Website are the property of their respective owners.
14. LINKS AND THIRD PARTY CONTENT
14.1.The Consumers are granted a limited, non-exclusive right to create a hypertext link to the home page only of this Website, provided such link does not portray the Company or any of Goods in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time.
14.2.The Company may provide links and access to third party content and websites. The Company will endeavor to make it clear when Consumers are leaving the Website to view such third party information, but it does not monitor or assume responsibility for the content of third parties' statements or websites or their privacy policies. Accordingly, the Company does not endorse or adopt these websites or any information they contain. The Company makes no representations or warranties whatsoever regarding such third party websites and accepts no responsibility for the quality, content, nature, accuracy or reliability of websites accessible by hyperlink from this Website or otherwise linked to this Website.
15. CUSTOMER CENTER
15.1.The Company will operate the Customer Center for addressing Consumers’ concerns.
15.2.If the Company determines that the complaints and comments submitted by the Consumer are reasonable, then the Company shall address these concerns as soon as possible, by notifying the Consumer of the case progress within 3 (Three) business days, and the results of its investigation and remedies within 10 (Ten) business days.
15.3.The Consumers shall, with sincerity, provide responses to the questions of the Customer Center.
16. RELATIONSHIP BETWEEN RULES OF COMPLY AND APPLICABLE LAWS AND REGULATIONS
16.1.Any matters not provided in the Offer Terms shall be governed by applicable laws and regulations, and general commercial practices.
16.2.For transactions executed through the Website provided by applicable laws and regulations shall primarily apply to the parties to the transactions, and neither party may not claim release of its liabilities in reliance with the Offer Terms.
16.3.If necessary, the Company may set out separate terms that apply to specific services ("Individual Terms") and post the Individual Terms on the Website homepage or otherwise for advance notification.
16.4.Amendment of the Individual Terms will be effective 14 (Fourteen) days after initially posted on the Website, and will be posted for a 14 (Fourteen)-day period until the date immediately preceding the effective date.
16.5.The Consumers shall pay attention to any changes to the Offer Terms and the Individual Terms, and when any amendment thereto is posted, Consumers shall review them.
17.1.Absent willful misconduct or gross negligence of the Company, the Company shall not be liable for any damages suffered by a Consumer or a third party due to temporary suspension of the Website services pursuant to the paragraph 7.2. of the present Offer.
17.2.If the Company restricts or suspends the Website services pursuant to the paragraph 7.3. of the present Offer, the Company shall on grounds of a force majeure event be released from any liability for damages.
17.3.The Company shall not be liable for any disruption or other interruption in the use of the Website services that has arisen for a reason attributable to a Consumer.
17.4.The Company shall in no event be liable for any damages whatsoever, arising from a Consumer’s disclosure or provision of the Consumer’s personal information to another.
18. GOVERNING LAW AND JURISDICTION
18.1.These Offer Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates. Regardless of where the Consumer accesses this Website, he/she agrees that any claim or other legal action arising out of or relating to the Offer Terms shall be determined only in the competent courts of the United Arab Emirates, and he/she hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Offer Terms.