Terms and Conditions
THESE TERMS AND CONDITIONS OF USE (THE OR THESE “T&C”) SHOULD BE READ CAREFULLY BEFORE USING THE WEBSITE.
- Introduction to the Website
1.1 These T&C describe how you (the “Customer”) shall use the internet website of Compoundmaster Gulf FZE, a company registered in Free Zone Establishment, Dubai, United Arab Emirates under License No. 7375244 (the “Company”) at the domain https://cmgulf.com/ (the “Website”).
1.2 The Website is an online platform that provides access to information regarding the Company’s products and services (the “Services”), facilitating interaction with the Company, in compliance with structure schemes and protection requirements defined by the Company.
- License & Acceptance of Terms
2.1 Subject to these T&C, the Company hereby grants to you a worldwide, non-exclusive, and non-assignable right and license to use the Website solely for its intended purpose (the Company and the Customer are sometimes referred to herein individually as a “Party” and collectively as the “Parties”).
2.2 By using the Website, the Customer explicitly agrees to accept these T&C and comply with all such terms and conditions. For the avoidance of doubt, the term “use” includes, without limitation, downloading, accessing, browse, or registering to use the Website.
2.3 If the Customer does not agree to these T&C, the Customer must not access or use the Website.
- Permitted Use & Restrictions
3.1 For the purposes of these T&C, use of the Website shall be restricted to the scope defined by the functions and content of the Website. The Customer is prohibited from using the Website in any manner beyond the scope of these T&C. Except as expressly stated in these T&C, the Customer has no right (and shall not permit any third party) to copy, adapt, reverse engineer, decompile, disassemble, modify or make error corrections to the Website in whole or in part except to the extent that such amendment is necessary for the purposes of use of the Website and integrating the operation of the Website with the operation of the device or software used by the Customer.
3.2 The Customer has no right (and shall not permit any third party) to:
3.2.1. copy or use the Website or related documentation in any manner that is not expressly allowed by these T&C;
3.2.2. decompile, reverse engineer, or otherwise attempt to derive the source code for the Website or any underlying algorithms, user interface techniques, or other ideas embodied in the Website;
3.2.3. distribute any copy of the Website or related documentation except as expressly allowed by these T&C, or allow anyone to have access to or use the Website;
3.2.4. use the Website or its output to create, modify, or simulate designs for third parties;
3.2.5. use the Website or its output to develop or enhance any product that competes with the Website.
- Term
4.1 These T&C shall be effective as of the date of the Customer’s acceptance and shall extend until terminated in accordance with these T&C.
4.2 The Company reserves its right to terminate these T&C or suspend the usage of the Website at any time without prior notice at its sole discretion. The Customer hereby agrees and acknowledges that no liability or damages claims shall be raised by the Customer, directly or indirectly, in respect to such unilateral right of termination by the Company.
- Termination
5.1 These T&C may be terminated at any time by the Company without prior notice at its sole discretion.
5.2 In the event of termination of these T&C, the Customer shall immediately discontinue use of the Website and the Company shall cease rendering the Services provided by the Company to the Customer registered on the Website.
5.3 Termination or expiry of these T&C shall not affect any rights, remedies, obligations or liabilities of the Company that have accrued up to the date of termination or expiry, including, without limitation, the right to claim damages in respect of any breach of these T&C by the Customer which existed at or before the date of termination or expiry.
- Access & Changes to the Website
6.1 The Customer is responsible for making all necessary arrangements to have access to the Website.
6.2 The Company does not provide on-site assistance for the Customer in installing the Website.
6.3 The Company may update the Website from time to time and may change the content on the Website at any time without notice. If any of the content on the Website is out of date at any given time, the Company is under no obligation to update it.
6.4 The Company does not guarantee that the Website, or any content on it, will be free from errors or omissions.
- Warranties
7.1 Each Party hereby warrants to the other Party that it has the full power and authority to enter into and perform these T&C.
7.2 The Company hereby represents and warrants to the Customer that it is the registered sole owner of the Website and it has the right to license the Website to any third party and/or render the Services as contemplated in these T&C, and that the use of the Website will not infringe or otherwise violate the intellectual property rights of any third party.
7.3 The Customer undertakes to perform under these T&C at all times in strict compliance with applicable laws and regulations and not to infringe upon any intellectual property laws and third-party rights. The Customer further undertakes not to do anything whether by act or omission which may bring the reputation of the Company into disrepute.
7.4 The Customer accepts responsibility for the selection of the Website to achieve its intended results and acknowledges that the Website has not been developed to meet the individual requirements of the Customer.
7.5 THE COMPANY DOES NOT WARRANT THAT THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, RELIABLE, SECURE OR ERROR-FREE AND THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTIES AS TO THE MATERIALS CONTAINED THEREIN, THE SERVERS USED FOR THE WEBSITE OR THE SERVICES OFFERED BY THE COMPANY.
7.6 THE COMPANY PROVIDES NO GUARANTEE OF ANY KIND; THE COMPANY SHALL HAVE NO LIABILITY FOR ANY MISUSE OF THE WEBSITE AND THE SERVICES AS WELL AS FOR INCOMPLETE OR WRONG DATA SUBMITTED BY THE CUSTOMER.
7.7 The Company is not liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the Customer’s devices, programs, data or other proprietary material due to the Customer’s use of the Website or downloading of any content on it, or on any website linked to it.
- Indemnity & Limitation of Liability
8.1 THE COMPANY SHALL NOT IN ANY CIRCUMSTANCES BE LIABLE TO THE CUSTOMER FOR ANY DAMAGES, ANY LOSSES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WHETHER THE SAME ARE SUFFERED DIRECTLY OR INDIRECTLY OR ARE IMMEDIATE OR CONSEQUENTIAL ARISING FROM THE USE OF THE WEBSITE OR THE INABILITY TO UTILIZE THE WEBSITE, AND WHETHER THE SAME ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE HOWSOEVER.
8.2 The Customer agrees that, in accepting these T&C, either it did not rely on any representations (whether written or oral) of any kind or of any person other than those expressly set out in these T&C or (if it did rely on any representations, whether written or oral, not expressly set out in these T&C) that it shall have no remedy in respect of such representations and (in either case) the Company shall have no liability in any circumstances otherwise than in accordance with the express terms of these T&C.
8.3 The content on the Website is provided for general information only. It is not intended to amount to advice on which the Customer should rely. The Customer must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website. Although the Company makes reasonable efforts to update the information on the Website, the Company makes no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
8.4 All references to the Company in this Section 8 shall, for the purposes of this Section only, be treated as including all principals, employees, subcontractors, agents, consultants and suppliers of the Company and their affiliated persons, all of whom shall have the benefit of the exclusions and limitations of liability set out in this Section 8.
9.1 Each Party acknowledges that all information exchanged under these T&C is important and confidential, and that such confidential information means, including, without limitation, any of the Parties’ proprietary information, technical data, information related to the Company’s business-related information, written or oral, whether or not it is marked as such, that is disclosed or made available to the receiving Party, directly or indirectly, through any means of communication, these T&C (the “Confidential Information”). The Parties shall keep strictly confidential and shall not disclose Confidential Information, or cause or permit same to be disclosed, to any person or entity.
9.2 A Party’s Confidential Information shall not be deemed to include information that:
9.2.1. is independently developed by the receiving Party, which independent development can be shown by written evidence;
9.2.2. is lawfully disclosed to the receiving Party by a third party without restriction on disclosure;
9.2.3. was in the other Party’s lawful possession before the disclosure;
9.2.4. is lawfully disclosed to the receiving Party by a third party without restriction on disclosure; was in the other Party’s lawful possession before the disclosure;
9.3 becomes publicly known other than through anything the receiving Party does or fails to do. The obligation of confidentiality shall be valid absolutely and indefinitely after the termination of these T&C.
10.1 The Customer acknowledges that all intellectual property rights (the “Intellectual Property Rights”) related to the Website and the Company exclusively belong and shall belong to the Company, and the Customer shall have no Intellectual Property Rights or other rights in or to the Website other than the right to use the Website in accordance with these T&C.
10.2 The Customer agrees not to disclose, provide, or otherwise make available such Intellectual Property Rights or other rights of the Company in any form to any third party beyond the scope of these T&C without the prior written consent of the Company. The Customer agrees to implement reasonable security measures to protect such Intellectual Property Rights or other rights of the Company.
10.3 If the Customer prints, copies or downloads any part of the Website in breach of these T&C, the Customer’s right to use the Website will cease immediately and the Customer must, at the Company’s option, return or destroy any copies of any relevant materials the Customer has made.
- Data Protection
11.1 The Company is committed to protecting your personal data in accordance with its Privacy and Data Protection Policy. This policy, which is incorporated into these T&C by reference, describes how the Company collects, uses, stores, discloses, and protects your personal data obtained through your use of the Website.
11.2 The Company shall comply with all applicable laws and regulations (the “Data Protection Laws”), including the UAE Federal Decree-Law No. 45 of 2021 regarding Personal Data Protection, in the processing of the Customer’s personal data.
11.3 By using the Website, you acknowledge and agree to the terms of the Privacy and Data Protection Policy, which is accessible via a link on the Website. You also agree that any personal data you provide will be processed in accordance with that Policy.
11.4 The Company will take all technical and organizational data protection measures necessary to ensure compliance with the Data Protection Laws and to safeguard your personal data.
11.5 Any content or data you submit or upload to the Website (e.g., through contact forms, inquiry submissions, or registration) is subject to the terms of our Privacy and Data Protection Policy. You are solely responsible for securing and backing up any such content you provide.
- Entire T&C & Severability
12.1 These T&C or other documents otherwise referred to herein contain the entire agreement between the Parties relating to the subject matter hereof and supersede all prior agreements, arrangements and understandings between the Parties relating to the subject matter.
12.2 If any provision or part of any provision of these T&C is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or partial provision shall be deemed deleted. Any modification to or deletion of a provision or part of the provision under this Section 12 shall not affect the validity and enforceability of any other of these T&C.
12.3 If any provision or part of any provision of these T&C is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
12.4 These T&C may be revised from time to time, effective upon posting in the Website via in-Website notification.
- No Third-Party Rights
13.1 Unless otherwise specifically stipulated in these T&C, a person who is not a party to these T&C shall not have any rights under these T&C.
14.1 Neither Party will be in breach of any obligation under these T&C if it is unable to perform that obligation in whole or in part by reason of a force majeure event, defined as all events which are beyond the control of the Parties, including, without limitation, acts of God, war, armed conflict, pandemic, government restrictions, disaster, fire, earthquakes, or any other cause reasonably beyond the Party’s control and which render impossible the performance of any obligation or exercise of any right under these T&C by either of the Parties (hereinafter a “Force Majeure Event”).
14.2 If either Party wishes to rely on this Section, it shall immediately give written notice to the other Party with full details of the act or matter claimed as a Force Majeure Event. The Party affected by the Force Majeure Event will take all reasonable steps to remedy the failure to perform obligations and to keep the other Party informed of the steps being taken to mitigate the effects of the Force Majeure Event.
- Governing Law & Jurisdiction
15.1 All legal aspects of the relationship between the Parties to these T&C shall be governed by the laws applicable in the Emirate of Dubai, United Arab Emirates.
15.2 Any dispute relating to or arising under these T&C shall initially be addressed by good faith negotiations between the Parties. If such negotiations on resolving a dispute in an an amicable manner are not successful and the Parties have not reached an agreement within thirty (30) Calendar Days after receipt of notification sent to the alleged breaching Party by the other Party, the Parties then irrevocably agree that any claim or matter arising from or in connection with legal relationships established by or in connection with these T&C shall be settled by a single arbitrator appointed in compliance with the Rules of Arbitration Rules of Dubai International Arbitration Centre (DIAC).
15.3 The seat of the arbitration shall be in Dubai, United Arab Emirates. The arbitral proceedings shall be conducted in the English language. The Parties agree that the decision of the arbitrator shall be final and binding.
BY ACCEPTING THE ABOVE T&C, THE CUSTOMER HEREBY EXPRESSLY DECLARES AND CONFIRMS THAT THE CUSTOMER HAS READ THESE T&C AND UNDERSTANDS THE CONTENTS OF THESE T&C IN FULL AND AGREES TO ABIDE BY THE T&C AS SET OUT HEREIN.