Terms & Conditions
1. Content Use
All content included in the Sites, including but not limited to text, information, designs, photographs, graphics, images, illustrations, interfaces, codes, audio clips, video clips, software and links to external websites (the "Content"), is provided for informational purposes.
2. Warranty Disclaimer
The Companies intend for the Content on the Sites to be accurate and reliable, however, the Sites and the Content are provided to you on an "as is" and "as available" basis and without warranty or condition of any kind, whether express or implied. In particular, the Companies do not control the Content posted by users on the Sites and make no representation or warranty whatsoever regarding the accuracy or completeness of any data or information accessible on or through the Sites. Furthermore, to the fullest extent permissible pursuant to applicable law, the Companies, their respective affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, freedom from computer viruses, warranties arising from course of dealing or course of performance, merchantable quality and fitness for a particular purpose. The Companies expressly disclaim any representation or warranty that the Sites will be free from errors, viruses or other harmful components, that communications to or from the Sites will be secure and not intercepted, that the services and other capabilities offered from the Sites will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
The Sites in addition offer various editorial content this is expressly for informational purposes only.
3. Liability Disclaimer
Without limiting the foregoing, the Companies expressly exclude (and you hereby release the Companies from) any liability for any of the following:
fraud by any user of the Sites;
any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Sites and/or the content therein;
any failure by the Companies to ensure that they do not breach any copyright or other intellectual property right of any third party;
any link on the Sites to any other site; and
loss or damage caused by delay or errors in, or the downtime of, the Site (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even in the event that the Companies have been advised of the possibility of such loss or damage.
In no event shall the Companies or its affiliates, licensors, suppliers, advertisers, agents or sponsors, be responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory, arising out of or in connection with the use or performance of the Sites or any other site you or users of your account may access while using the Sites or your use or the use by users of your account of the Content, even if advised of the possibility of such damages.
4. Dealing with Third Parties
Any correspondence or business dealings with any third parties including merchants, sellers, buyers or advertisers found on, or through, the Sites is solely between you and such third parties, and the Companies have no control over the quality, legality or inappropriate nature of the Content advertised, the truth or accuracy of any representations made by sellers, the ability of sellers to sell and the ability of buyers to purchase. The Companies are not responsible for any loss or damages you may suffer by entering into such transactions including the payment for and delivery of goods if any, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not the Companies, are responsible for compliance with all laws applicable in any such transaction.
6. Prohibited Use of the Sites.
You shall not use the Sites in any way that would interfere with their operation nor submit any content to the Sites which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws. You shall not post, upload, publish, transmit or otherwise distribute on or through the Sites any information or other materials that:
could constitute a criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, racism, assault, or fraud;
could defame, abuse, harass, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy, publicity, moral or statutory or any other rights of any person, including, without limitation and for greater certainty, the Companies and their respective affiliates;
could infringe the intellectual property rights including, without limitation, any copyright, trade-mark, or patent, of any person, including, without limitation and for greater certainty, the Companies and their affiliates;
could be considered as a use of the Sites that is contrary to law or electronic etiquette, or which would adversely impact the use of the Sites or the Internet by other users, including the posting or transmitting of information or software containing viruses or other disruptive components;
contain any distasteful or offensive material including, but not limited to, material intended for an adult audience;
contain: (i) falsehoods or misrepresentations (ii) commercial content, including without limitation, advertising, solicitation, offers to sell any products, goods or services, or (iii) unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, which prohibition includes but is not limited to (a) using the Sites to send messages to people who don’t know you or who are unlikely to recognize you as a known contact or who have not consented to receiving electronic messages from you in accordance with applicable anti-spam legislation; (b) using the Sites to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases; or (iii) surveys or contests; or
encourage, conspire, entice or promote the occurrence of any of the prohibited conduct stipulated herein.
The Companies do not endorse any submission or any opinion, recommendation or advice that you may submit on or through the Sites and the Companies expressly disclaim any and all liability in connection with your submissions to the Sites.
The Companies reserve the right to remove any information that you post, upload, publish, transmit, distribute or otherwise use on the Sites, in whole or in part, at any time, at its sole discretion and without prior notice.
By posting, uploading or submitting any information, material or content to the Sites, you automatically grant (or warrant that the owner of the rights to such material or content has expressly granted you the rights to grant) the Companies a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free right to use, reproduce, modify, adapt, improve, create derivative works from, publish, remove, retain, add, process, analyze, translate, license, transmit, distribute and otherwise exploit any or all portions of such information, material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably waive all moral rights in any such information, material or content posted, uploaded or submitted by you.
8. Web Scraping/Harvesting
You may only use or reproduce the Content for your own personal and non-commercial use. The framing, scraping, data-mining, extraction or collection of the Content of the Sites in any form and by any means whatsoever is strictly prohibited. Furthermore, you may not mirror any material contained on this Sites without the express consent of the Companies.
9. Hyperlinking to the Sites
You may create a link (the "Hyperlink") to one or more of the Sites provided that:
you do not replicate any of the Content of the Sites;
you do not create a frame or any other bordered environment around the Sites or the Content contained in the Sites;
the Hyperlink shall not imply any endorsement of any products, goods or services; and
the website linking to the Sites does not contain any information, content or material that would interfere with the operation of the Sites nor which libels, defames, invades privacy, is obscene, pornographic, abusive or threatening, infringes intellectual property laws or violates any other applicable laws.
The Companies may withdraw your right to Hyperlink to the Sites at any time in their sole discretion.
10. Links to Third Party Websites
Links available on the Sites will allow you to link to websites or resources not maintained or controlled by the Companies. The Companies provide these links for your convenience only and make no endorsements, warranties or representations of any kind whatsoever regarding those other websites and expressly disclaim all responsibility for content on third party websites. The Companies have neither reviewed nor approved any content that appears on such other websites. Please be aware that you link to these third party websites at your own risk. You acknowledge and agree that the Companies shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
All Content published on or otherwise accessible through the Sites, including without limitation, all texts, designs, images, photographs and other information, is protected under EU, Bahraini and other copyright laws to the maximum extent permitted. The Content, and the copyright in the Content, are owned or controlled by the Companies and/or its affiliates, licensors, suppliers, representatives or agents (each a “Copyright Holder”). The Companies grant you a limited license to display or print the Content for your own personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell these materials in any form or manner without the express written permission of the Copyright Holder(s) of the Content. You must abide by all copyright notices, information and restrictions contained in any Content on, or accessed through, the Sites and maintain such notices in the Content. The Companies do not warrant or represent that your use of materials displayed on, or obtained through, the Sites will not infringe the rights of third parties.
ABC Communities™, Arabian Business Community™, ABC Directories™, gdnonline.com™, are trademarks of either of the Companies in the European Union. All other products, services and company names mentioned in the Sites may be trademarks of either of the Companies and/or their affiliates or their respective owners. You shall not use any trademark displayed on the Sites without the express written permission of the applicable Company or the relevant owner of the trademark.
13. Changes and updates
14. Registered User Accounts
In order to access certain parts of the Sites, you may have to register as a user with the Companies. During registration for a user account (“Account”), you will select a password and account name. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify the Companies of any unauthorized use of your password or account or any other breach of security, and (b) log out from your account at the end of each session. The Companies will not be liable for any loss or damage arising from your failure to comply with this section.
15. Applicable Law
AL HILAL GROUP AND NORTH STAR TECHNOLOGIES WLL AND ABC COMMUNITIES LIMITED (the “Companies”), have created this privacy statement (the « Statement ») is firmly committed to the protection of your privacy. This Statement sets out how we collect, use and secure the personal information of individuals using any website owned by us (each, ABC Website). This Statement reflects the requirements of EU and the Kingdom if Bahrain’s privacy legislation as well as our continuous commitment to protecting your personal information.
BY USING AN ABC WEBSITE, YOU AGREE TO BE BOUND BY THE FOLLOWING PRIVACY STATEMENT. IF YOU DO NOT AGREE WITH THIS STATEMENT, DISCONTINUE ALL USE OF THIS SITE IMMEDIATELY.
1. What is Personal/ Company Information ?
Personal/ Company information is information about you that uniquely identifies you as an individual or a company. Your name, address, e-mail address, or telephone number are all examples of this information. However, the name, address and telephone number of an individual that appears in a telephone directory that is available to the public (where such individual can refuse to have such information appears in such directory) does not fall under the scope of personal information as it is publicly available information. Also, in some circumstances, some of this information may qualify as business information which is also covered by this Statement.
2. Collection of Personal/Company Information
We do not automatically gather any personal information from users of ABC Websites. This information is only obtained online if you supply it voluntarily, usually through contacting us via e-mail, applying online for a contest, answering online surveys, submitting a posting to a blog, forum, or review of a company entry or registering for services. You are not required to supply personal information to view the content of any ABC Website. You should also be aware that when you share personal information in public areas of an ABC Website, this information may be seen and used by others users. We urge you to exercise good judgment when sharing personal/company information in these areas.
If you decide not to provide us with personal/company information online, no material consequences will result, although you may be unable to amend entries in the Directories that you have a proprietory or employee interest in, participate in certain promotions, receive product information, or use portions of a ABC Website that require personalized information or applications. ABC Websites provides users the opportunity to opt-out of receiving communications from us at the point where we request contact information about you.
We may use software that receives and records the Internet Protocol (IP) address of the computer that has contacted ABC Websites. We make no attempt to link these addresses with the identity of individuals visiting ABC Websites.
We may also use service providers to serve third party’s advertisements on ABC Websites or ABC advertisements on other websites. In serving advertisements these providers may place cookies on your browser computer and may collect certain anonymous information about your visits to other websites or on ABC Websites. This information may include browser, IP address, domain name and the name of the web page from which you entered such websites, web activity and time of day. This information is used by these third parties to better understand and optimize the online advertising campaigns.
From time to time, we analyze traffic and use ABC Websites to determine which features and services people like and do not like so that we can improve what we do. We prepare aggregated user statistics or information summaries in order to describe our services to third parties such as prospective business partners and advertisers and for other lawful purposes.
3. Use and Sharing of Personal Information
We will generally collect and use personal information to administer our contests, promotions, surveys, reward programs and other services, to understand our customers' responses, needs and preferences, and to generally manage our business.
We may also use personal/company information to contact our customers or suppliers with marketing or promotional materials regarding our products, programs and services or to assist our front-line staff in providing tailored sales offers to our customers. We may exchange or merge personal information with data obtained from third parties for the same purposes.
Personal/Company information may be shared with our agents or contractors in connection with services that they perform for us. Our written agreements with such agents and contractors ensure that personal information can only be used for the purposes for which it was shared with them, and that they handle the personal information in accordance with this Statement.
4. Your Consent
By providing us with your personal information, you consent to our collection, use and disclosure of that information as described in this Statement as amended from time to time or as described at or before the time of collection, use or disclosure, as the case may be. If you do not want your personal information to be collected, used or disclosed in this manner, then please either:
do not submit your personal information to us;
exercise opt-out procedures described above or as may be offered at the time of collection, or
refrain from exercising opt-in procedures described above or as may be offered at the time of collection.
If you have submitted personal information to us and wish to withdraw your consent to its retention, use or disclosure, please send an e-mail to [email protected] You may withdraw your consent, subject to legal or contractual restrictions and reasonable notice. If you withdraw your consent, we may not be able to provide some products or services to you.
Where permitted or required by law, we may collect, use or disclose your personal information without your consent, for example, to collect a debt you owe us, to comply with a legally permitted inquiry by a government agency, or to comply with a court order.
5. Safeguards and Retention
We use physical, organizational and technological safeguards to protect your personal information against theft, loss or unauthorized access, use, modification, disclosure or disposal. Generally speaking, you can visit ABC Websites without revealing personal information. However, given that electronically submitted data is not 100% secure, we make no warranties as to the security of any personal information you submit online, which you do at your own risk.
7. Access and Contact
Upon written request, ABC will provide you access to your personal/company information, subject to certain exceptions as provided by the applicable legislation. If you notice any errors or omissions in your personal information, please advise us in writing and we will promptly correct them where appropriate. If you have concerns regarding our Statement, the security of your personal information or our compliance with the applicable personal information protection legislation, please send a brief explanation of your concern to our Privacy Officer at:
Arabian Business Communities
PO Box 1100, Manama
Kingdom of Bahrain
Terms and Conditions of Use of ABC Company Account
a) A “user” is someone who accesses, browses, crawls or in any way uses the Site. The terms “you” and “your” refer to you, as a user of the Site. The terms “we”, “us”, “our”, and “ABC” refer to AL HILAL GROUP AND NORTH STAR TECHNOLOGIES WLL AND ABC COMMUNITIES LIMITED (the “Companies”), and its affiliated companies;
b) “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to or through the Site, such as ratings, reviews, compliments, invitations, and information that you display as part of your account profile. “User Content” means Content that users submit or transmit to or through the Site. “ABC Content” means Content that we create and make available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than ABC or its users. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and ABC Content.
2. Permitted Use
2.1 Your use of the Site shall indicate your consent to be legally bound by, and comply with, all of the following terms and conditions. By using the Site, you represent and warrant that you have full right, power, and authority to execute, deliver and fully perform you obligations under this Agreement. The Companies may periodically modify and supplement these Terms and Conditions and the notice provided to you will be the updating of these Terms and Conditions. You are responsible for regularly checking these Terms and Conditions for revision. All amended Terms become effective upon our posting to the Site and any use of the Site after such revisions have been posted signifies your consent and agreement to the modified Terms and Conditions.
2.3 You agree that you are only authorised to visit, view, and retain a copy of pages of this Site for your own personal use or when representing your business for the use of your business, and that you shall not duplicate, download, publish, modify, adapt, create derivative works, appropriate, reproduce, or otherwise distribute, sell, trade, or in any way exploit the materials of this Site or any use, or for any purpose other than as described in these Terms and Conditions.
3. User Content
3.1 You agree that Content you will post will not:
Be offensive, harmful and/or abusive, including but not limited to, contain images depicting or language containing expletives or profanities, obscenities, harassment, vulgarities, sexually explicit material or that promotes bigotry or discrimination against protected classes (e.g., racist/discriminatory speech or imagery.)
Accuse others of illegal activity, or describe physical confrontations and/or sexual harassment.
Be of a nature that addresses the goods and services, atmosphere, or other attributes of the business that you represent or have no qualitative value (including, but no limited to, spam, chain or other mass messaging).
Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
Be inappropriate based on the applicable subject matter.
Contain personal information or messages including email addresses, URLs, phone numbers and postal addresses.
Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials.
Contain material that violates the standards of good taste or the standards of this Site.
Contain material that is illegal, or that violates any local law or regulation.
Contain language or images intended to impersonate other users or businesses (including names of other individuals and businesses) or offensive or inappropriate user names or signatures.
Contain material that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
3.2 Any User Content submitted shall be owned exclusively and perpetually by the Companies. As such, the Companies may store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Content, without any obligation, notification or compensation to you. You agree and acknowledge that the Companies and their affiliates have the full right and authority to use User Content for any purpose related to the Site, including the marketing, sale, syndication, and development of the Site and any successors thereto. The Companies have the right and authority to make the User Content available to sublicense to other companies, organizations or individuals.
3.3 You agree and acknowledge that the Companies and their affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Content in such manner as may be required to conform User Content to standards, protocols, formats and requirements related to the Site and any medium by which they are accessible currently or prospectively. You agree and acknowledge that the Companies and their affiliates may transmit or distribute the User Content in all formats and mediums over various networks.
3.4 The Companies are under no obligation to review any User Content submitted, posted or otherwise displayed on the Site and assumes no responsibility or liability relating to any such User Content. You may not imply that any User Content is any way sponsored or endorsed by the Companies; which reserves the right, but not the obligation, to refuse to post or remove any User Content at our sole and absolute discretion.
4. Site Availability
4.1 From time to time and without prior notice to you, we may change, expand and improve the Site. We may also, at any time, cease to continue operating part or all of the Site or selectively disable certain aspects or portions of the Site. Any modification or elimination of the Site will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site does not entitle you to the continued provision or availability of the Site.
5. How you May Use Site Content
5.1 By using the Site, you agree that you will not copy, reproduce, alter, modify, create derivative works from, rent, lease, loan, sell, distribute or publicly display any of the Site Content (except for your own personal, non-commercial use) from the Site. In addition, you will not use the Site Content for any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.
5.2 You are prohibited from data mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Site, or from using other similar methods and tools to gather or extract data from the Site.
5.3 You may not use the Site to compile data (or any other portion of the Site Content), in a manner that is used or usable by a competitive listing product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning, operation, usage and display of the Sites by any other authorized users and third parties.
5.4 You are prohibited from modifying or obscuring the manner in which the Site is displayed or used, including framing, scraping or any other technique that would alter the visual display of the Site or Site Content. You may not obscure advertisements displayed as part of the Site, nor modify the advertisements and listings in a way that is unauthorized. Unless expressly authorized by the Companies in our sole and absolute discretion, you may not link to the Site (including deep linking to a specific portion of the Site). You are not permitted to script searches or search results of the Site in a manner that results in the automated display of Site Content on a third party website.
6.1 You are under no obligation to use or continue to use the Site and may at any time temporarily or permanently cease using the Site.
6.2 We may, at any time in our sole discretion, (i) suspend or terminate your access to and use of the Site or any of their features in response to a breach of the Terms and Conditions, or for any other reason; (ii) move, edit, delete or destroy any materials that you provide or deliver to the Site; (iii) access, preserve, or disclose any materials that you provide or deliver to the Site; or (iv) take any other remedial action available at law in response to a breach of this Agreement.
7.1 You agree to indemnify and hold AL HILAL GROUP AND NORTH STAR TECHNOLOGIES WLL AND ABC COMMUNITIES LIMITED, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms and Conditions, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Companies reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of the Companies who will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
8. Warranty Disclaimer and Limitation of Liability
8.1 Any use of the Site, reliance upon any of the Site Content, and any use of the Internet generally shall be at your sole risk. ABC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Site Content accessible by use of the Site.
8.2 THE SITE (INCLUDING SITE CONTENT AND INFORMATION POSTED AND ACCESSIBLE THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ABC DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE. THE COMPANIES DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.
8.3 IN NO EVENT SHALL ABC BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF ABC IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (1) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, (2) THE SITE CONTENT OR THE INTERNET GENERALLY, (3) THE USE (OR INABILITY TO USE), (4) RELIANCE UPON OR PERFORMANCE OF ANY SITE CONTENT CONTAINED IN OR ACCESSED FROM ANY ABC SITE OR A THIRD PARTY SITE, OR (5) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THE SITE. ABC DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER SITE CONTENT ACCESSIBLE FROM THE SITE.
8.4 THE USER OF THE SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.
Advertising Terms and Conditions
1. PURCHASE OF ADVERTISING SERVICES
AL HILAL GROUP AND NORTH STAR TECHNOLOGIES WLL AND ABC COMMUNITIES LIMITED or one of its affiliates ("ABC") sells to the client, who purchases same, the services described on the herein (the "Advertising Services") for the indicated monthly or lump sum fee (the "Fees") and pursuant to the current Terms and Conditions (the "Contract"). Following the date of the execution of this Contract, ABC will on or about the date indicated: provide the Advertising Services through the digital advertisement in the digital (electronic or mobile) directories.
For the purposes of the Terms and Conditions the following will be defined as:
‘Advertising Services’ shall mean such booking for advertisement as agreed on the Order Form including any special provisions agreed as part of the form
‘Client’ or ‘Advertiser’ shall mean the person, company or establishment giving the instructions to publish even if these instructions are on behalf of a Third Party as well as to include any sub-contractors or third party suppliers under the employ of the Client. Such person, company or establishment acting upon the instructions of a third party, shall be regarded as principal party to the contract and is fully entitled and liable for the rights and obligations arising therefrom.
‘Publisher’ shall mean ABC and or any affiliate websites which are managed or associated with ABC
The client shall respect stipulated product fulfillment timelines and provide ABC all information as may be reasonably required to fulfill its obligation under this Contract. Should the client not provide all information required or fail to respect stipulated product fulfillment timelines, ABC, after reasonable effort to communicate with the client, may begin billing client the Fees and provide the Advertising Services as is.
3. APPROVAL OF THE CLIENT'S CREDIT
The client acknowledges that this Contract is strictly conditional upon ABC's approval of the client's credit. ABC may cancel this Contract if it deems, at its sole discretion, that the client's credit is not satisfactory. The client therefore authorizes ABC to conduct all usual enquiries with third parties regarding the client's solvency and credit and to record in the client's file and disclose to third parties information regarding the client's credit.
4. VARIABLE TERM AND AUTOMATIC RENEWAL
Except for Search Engine Solutions Advertising Services, Facebook Solution, Smart Digital Display and Print Specialty Products, this Contract and the Advertising Services are automatically renewed for consecutive subsequent periods (each a "Renewal Period") equal in length to the initial term (the "Initial Term") (Renewal Period and Initial Term collectively referred to as the "Term"), unless the client gives ABC a written notice of non-renewal at least 2 months before the end of the Initial Term or any Renewal Period. Notwithstanding the foregoing ABC may at its discretion cease offering Guaranteed Placement products in high demand markets/categories to the client where ABC has been unable to attain the client's confirmation of renewal.
5. INCREASE OF FEE
The Fees due pursuant to this Contract may be increased annually by ABC, in accordance with its standard practices. The client shall pay ABC the increased Fees upon receipt of a notice of increase from ABC.6. LATE CHARGES
The client undertakes to pay the Fees due pursuant to this Contract upon receipt of ABC's invoice. An interest rate of 2% per month compounded monthly applies to any amount remaining unpaid 1 month following receipt of the invoice.
7. EARLY TERMINATION
ABC may terminate this Contract or any portion of the services provided hereunder at any time for any reason by providing the client with a thirty (30) day written notice. ABC shall reimburse all Fees and other charges for unrendered services paid by the client. That sum is paid as liquidated and ascertained damages by ABC to the client as full and final settlement and satisfaction of ABC's entire liability for any loss, damages, costs and/or expenses suffered or incurred by the client arising from an early termination. The client may not unilaterally terminate this Contract.
8.1. The client shall be in default of this Contract should any one of the following occur (a) if in the opinion of the Publisher the advertisement is considered unsuitable ; (b)the client does not pay the Fees due pursuant to this Contract; (c) the client ceases doing business (d) the client reproduces either a portion of or in its entirety the Advertising Services created by ABC in any other media without ABC's consent (hereinafter collectively referred to as a "Default");
8.2. On the occurrence of any Default, ABC may terminate this Contract immediately. Furthermore all Fees for the remaining Term under this Contract shall become immediately due and payable to ABC as liquidated damages.
9. NO REPRESENTATIONS BY ABC; NO WARRANTY OF SUCCESS FOR THE CLIENT
The client acknowledges that, in order to promote the Advertising Services, ABC may convey data, including statistics, estimates of performance or other tables of information, which illustrate the results obtained by certain ABC clients, or average results obtained by certain groups of ABC clients. ABC declares that such data is, to the best of its knowledge, accurate and that said data has been obtained from credible and independent sources. The client also acknowledges that such data is conveyed solely for informational purposes, that ABC does not conduct any analysis regarding the client's business and that consequently, the results obtained by the client may vary considerably from client to client.
10. THIRD PARTY CONTENT
The client acknowledges and agrees that ABC may aggregate, display and publish third party content related to the client, as well as publish the client's content to third party partners of ABC. Further, the client acknowledges and agrees that ABC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with third party content or the publishing of client's content to third party partners. The client releases ABC from all liability with respect to third party content or the publishing of client's content to third party partners.
11. CLIENT'S WARRANTY
The client warrants that it is authorized to publish the print advertisement under the heading and in the territory indicated on the Contract, and to display the digital advertisement and the Website. The client warrants that it holds all permits or licenses which may be advertised, including any license to practice issued by any professional or other regulatory body exercising its jurisdiction over the client's activities. The client further warrants that it holds all the rights to use the trademarks or trade names included in digital advertisement and the Website and that such use does not violate any provision of any law or statute, including the Trademarks Act, the Copyright Act and any other law or statute relating to intellectual property.
12. LIMITATION AND EXCLUSIONS
12.1. The client acknowledges that ABC provides a large number of advertising services and that errors may thus occur. ABC cannot provide the Advertising Services, on an economic basis, without the benefit of a limitation of liability clause. Consequently, the client also acknowledges that such a limitation of liability clause is a material basis of this Contract, that such a limitation of liability constitutes an essential consideration of ABC's undertaking to offer the Advertising Services for the Fees agreed upon.
12.2. In the case of any error or omission in the Advertising Services, ABC's liability will be limited to the sum of the Fees due pursuant to this Contract for the Initial Term or any applicable Renewal Period for the affected Advertising Services. The client acknowledges that the present limitation of liability equally applies to any third party vendors of ABC, if applicable. The client must notify ABC of any errors or omissions in the Advertising Services within forty-five (30) days of ABC having provided the Advertising Services. Should the client not notify ABC within said notice period, the client shall forfeit all rights related to such errors or omissions.
13. MODIFICATIONS TO THIS CONTRACT BY ABC
The client acknowledges that ABC may, from time to time, update these Terms and Conditions and the Advertising Services. The client is bound by any such modifications from the moment the client receives a notice to that effect. The current version of the Terms and Conditions can be found at : www.abc–bahrain.com or by calling +97317299131
ABC may assign this Contract or any of its obligations and any payment due under it to a third party without prior written consent from the client. The client may not assign this Contract without ABC's prior written consent. If the client sells its business or its assets, then the client shall promptly notify ABC and ABC may consent to the assignment.
15. ABC'S TRADEMARKS AND PROPERTY OF THE ADVERTISING SERVICES
The client acknowledges that it is not authorized to use ABC's name or any of its trademarks without the prior written consent of ABC. The client also acknowledges that ABC owns the intellectual property rights related to the Advertising Services, including but not limited to the print and digital advertisement and related videos. The client undertakes not to reproduce same without ABC's prior written consent.
16. PRIVACY PROVISIONS
If the client is an individual, ABC informs the client that their personal information will be used to enable ABC to meet its obligations under this Contract and to provide the requested Advertising Services to the client. Personal information may be shared with agents or contractors of ABC in connection with services that these individuals or entities perform for ABC in connection with the Advertising Services.
17. JURISDICTION AND LANGUAGE
These Terms shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain. The parties hereby agree and to the exclusive jurisdiction of the courts. The parties have required that these Terms and all related documents be drawn up in English.
Terms for Registered Users
IF YOU ACCESS ANY SERVICE THAT REQUIRES YOU TO CREATE AN ACCOUNT ACCESSIBLE THROUGH A USERNAME AND PASSWORD, THEN IN ADDITION TO THE PROVISIONS OF THE GENERAL TERMS OF SERVICE AND THE TERMS APPLICABLE TO ANY OTHER SERVICE THAT YOU ARE USING, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE SERVICES.
1. You are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorized third party. It is your responsibility to maintain the security of your mobile device(s) from unauthorized access.
2. ABC employees will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must contact contact us immediately
4.ABC, in its sole and absolute discretion, may terminate access to your account for any reason (including reasons related to unlawful or unauthorized usage). ABC has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.
6. When using the Services, ABC may permit you to store data, preferences set by you, content or other information for your convenience, but ABC is under no obligation to retain any such data, preferences, content or other information, including, without limitation, any coupon that you may have stored.
User Generated Content Terms
PLEASE NOTE, HOWEVER, THAT ADVERTISEMENTS ARE NOT DEEMED USER GENERATED CONTENT AND, THEREFORE, ARE NOT SUBJECT TO THE TERMS BELOW, INSTEAD, THEY WILL BE GOVERNED ADVERTISING TERMS AND CONDITIONS AND INTERNAL STANDARDS AS SET OUT BY ABC
1.ABC reserves the right, but not the obligation, to refuse to post or remove any User Generated Content in our sole and absolute discretion.
2. You represent and warrant that you will not post any of the following:
(a) Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(b)Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
(c) Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
(d) Individual information of other users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
(e)Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
(f) Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
(g) Any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;
(h)Reviews submitted by the reviewed business's owners, employees (past or present), agents, affiliates and/or competitors;
(i)Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by ABC in its sole discretion;
(j) Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
(k)Content that violates any standards or policies of ABC as determined by ABC in its sole discretion;
(l) Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
(m)Content that is not legible, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
(n)Content that intended to annoy, harass or anger other users, (e.g., “trolling”).
3.ABC may take measures to remove User Generated Content from the business listing(s) of an advertiser or business who has decided to “opt-out” of the addition of supplemental material to its business listing(s).
4.If you see objectionable content in the course of your use of the Services, you may report such content to ABC by contacting ABC customer service or through any other applicable reporting means as provided through the Services. ABC reserves the right to address such requests in any manner in its sole discretion.
Electronic Commerce Terms
You, whether personally or on behalf of the entity for whom you are acting as an authorized signatory (collectively, “you” or “your”), are purchasing certain of ABC’s products or services (each, a “Product” or “Service”). Such purchase is subject to the applicable terms provided and identified below (“Terms”).
BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.
1. Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these Terms.
2. Electronic Transactions. You agree that all business pursuant to these terms may, in the sole discretion of ABC, be conducted electronically. We will charge your credit or debit card for amounts you incur in purchasing Products or Services. These charges may be conducted as automated clearing house transfers or by such other means as we in our sole discretion determine to be appropriate or advisable.
General Terms of Service
These General Terms of Service (this “TOS”), as may be modified or amended periodically by ABC (as defined below), are a legally binding agreement made by and between ABC and you, personally and, if applicable, on behalf of the entity for whom you are using any of ABC’s products or services, (collectively, “you” or “your”). This TOS governs your use of all ABC products and services, including mobile applications and this website (“Services”) so please read it carefully. The “Effective Date” of this TOS is 1st November 2015.
1. About The Services and The Terms
1.1 The Services. The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other sponsored information. The Services may also commingle sponsored information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored listings or other advertisements may also be given priority in display over unpaid listings.
1.2 Eligibility. To use the Services, you must be, and represent and warrant that you are, of legal age (18 years and over) and of legal competence to enter into a binding agreement with ABC, and are not otherwise prohibited from using or receiving the Services in accordance with this TOS. By using the Services on behalf of any third party you are representing to us that you are an authorized representative of that third party and that your use of the Services constitutes their acceptance of this TOS.
1.3 Additional Terms. ABC provides a wide variety of Services to both consumers and business users. Some Services are subject to additional terms, which are listed below or presented to you when you use such Services. If you are using or would like to use any of the following Services, You may not use any of these Services unless you agree to the applicable additional terms. Links to certain additional terms follow:
If you advertise through ABC or access our business services, then you will be subject to our Advertising Terms and Conditions and where applicable, the Terms and Conditions of Use of ABC Company Account and General Terms of Service
- If you purchase products or services online, you are subject to our Electronic Commerce Terms
- If you create an account, you are subject to our Terms for Registered Users
- For the provision of our Services, ABC is obligated to provide various legal notices by law and/or by contract, which are incorporated by reference into these TOS
1.4 Nature of Services. ABC provides Services that are, unless otherwise expressly stated, advertising sites and services. ABC displays advertising on behalf of businesses and ABC relies upon those businesses for the accuracy, completeness and honesty of that advertising. Under no circumstances does ABC endorse and/or have any other connection with the businesses that advertise with us.
1.5 Changes to Terms. ABC may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions.
2. Using the Services.
2.1 Grant of Rights. Subject to your compliance with the terms and conditions of this TOS, ABC grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular Service) or any instructions for use that ABC may provide from time to time.
2.2 Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a subscription or similar basis. ABC may terminate your access to the Services in whole or in part if it reasonably believes you have breached this TOS, or any other related terms, guidelines or policies. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, ABC may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This TOS will survive indefinitely unless and until ABC chooses to terminate it, regardless of whether any account you open is terminated by you or ABC or whether you continue to use or continue to have the right to use the Services.
2.3 Intellectual Property Rights. Using the Services does not give you ownership of or any rights to any materials or content that may be provided to you in connection with your use of the Services, all of which is owned by ABC, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOS, you may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to you in connection with your use of the Services, without express permission from the owner or ABC (as applicable). Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“ABC Marks”), used in connection with the Services, without express permission from the owner.
2.4 Unauthorized Use of Marks. Although ABC protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of ABC Marks by a third party; accordingly, do not rely upon any third party’s use of any ABC Marks in determining whether a third party is affiliated with ABC, as such use may be unauthorized.
2.5 Prohibited Conduct. You may use the Services and any materials or content made available to you in connection with your use of the Services only as expressly permitted by this TOS and only in a manner that does not interfere with ABC’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services. Without limitation, you may not: (i) infringe, violate, or transgress any right of any party; (ii) attempt to disrupt or interfere with the security, provision or use of the Services; (iii) impersonate another person or entity, misrepresent your affiliation with a person or entity (including ABC), or use a false identity; (iv) attempt to obtain unauthorized access to the Services; (v) engage, directly or indirectly, in any unsolicited communication; (vi) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Services; (vii) submit false or misleading information to ABC; (viii) violate any law, rule, or regulation; (ix) use any ABC Marks or other portion of the Services (including in connection with meta tags or other “hidden text”) in advertising, promotions, or for other commercial purposes; (x) use the abc-bahrain.com or domain name or any domain name that is confusingly similar to this or another ABC domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service; (xi) link to or “frame” any ABC website (including deep linking to a specific portion of any ABC website) or overlay content on the Services; (xii) conduct script searches or use search results of the Services in a manner that results in the automated display of any material or other information on a third party website; (xiii) use the Services to compile information about a product or service for use in connection with a listing for a competitive product or service; (xiv) take any action that may undermine the ratings or review or similar process(es) under the Services; or (xiv) assist any third party in engaging in any activity prohibited by this TOS. ABC reserves the right, but not the obligation, to monitor the Services for the purpose of determining that your usage is in compliance with this TOS.
2.6 Changes. ABC may change or discontinue any of the Services at any time without notice or liability to you or any third party.
4. Content and Feedback
4.1 Your Content. Some of the Services allow you to submit or generate content. If you submit or generate content, you must comply with ABC’s User Generated Terms and Guideleines. To the extent you have any intellectual property rights in such content, you will retain those rights subject to the grant of license in this Section. By uploading or otherwise submitting content in connection with your use of the Services, you grant ABC (and its affiliates, distributors, and other contractors it may designate in its discretion) a non-exclusive, worldwide, perpetual, royalty-free, non-terminable, transferable, license, with the right to sublicense through multiple tiers, to use, distribute, reproduce, create derivative works of, publicly perform, publicly display and transmit such content for any purpose without any compensation, attribution, or other obligation to you. You agree not to submit content unless you have the right to grant this license for such content.
4.2 Feedback. If you submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to ABC, you agree that ABC can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to ABC in which you do not wish to grant such rights.
4.3 Third Party Content. ABC may provide access to third party content, such as user-generated reviews, other content submitted by users of the Services, and links to third-party websites. ABC does not, unless otherwise provided: (i) undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other users) in connection with the Services; (ii) undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or (iii) endorse any positions, ideas, ideologies, concepts, or opinions contained in such third-party content. ABC is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for your use, for the performance or operation of any third party website, for any products or services advertised or sold by any third party (including on or through a third party’s website), or for any other action or inaction by any third party. Your use of any such third party websites will be subject to those terms to which you and the third party agree. ABC will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that ABC is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services.
4.4 Objectionable Content. If you become aware of any objectionable third-party content, you may contact us to report it. ABC will address such requests if and to the extent it deems appropriate, in its sole discretion.
5. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY.
5.1 DISCLAIMER OF WARRANTIES. ABC PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABC DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. ABC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. ABC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. ABC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM ABC OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.
5.2 EXCLUSION OF DAMAGES. ABC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.
5.3 LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ABC ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS OR THE SERVICES EXCEED THE GREATER OF: (I) AMOUNTS THAT YOU PAID ABC FOR YOUR USE OF THE SERVICES; (II) US$50; OR (III) WITH RESPECT TO SERVICES SUBJECT TO ADDITIONAL TERMS, THE AGGREGATE LIABILITY AMOUNT SPECIFIED IN SUCH ADDITIONAL TERMS.
5.4 STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5.5 Indemnity. You agree to indemnify, defend and hold ABC and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of this TOS or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, ABC may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle compromise or in any other manner dispose of any Claim without the consent of ABC.
6.1 Applicability of Section. The terms of this Section 6 will apply to all disputes that may arise out of, are connected with or relate to this TOS or the Services, subject only to the following three exceptions: (1) if ABC reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to ABC or any third party, ABC may seek injunctive or other appropriate relief in any court of competent jurisdiction; (2) certain Services are subject to different dispute resolution provisions, which are provided for in the terms applicable to such Services. Furthermore, in no event will the terms of this section limit ABC’s ability to investigate complaints or reported violations of this TOS or to take any action ABC deems necessary and appropriate to mitigate actions against ABC, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.
6.2 Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact us at ABC ; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give ABC 30 days within which to resolve the dispute to your satisfaction.
6.3 Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
7. Force Majeure
ABC will not be liable for failing to perform under this TOS because of any event beyond its reasonable control.
This TOS and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the Kingdom of Bahrain without regard to any provision governing conflicts of law. This TOS (which includes all documents referenced above) supersedes all prior and contemporaneous agreements and understandings between you and ABC relating to the Services. You may not transfer your rights or obligations under this TOS without the prior written consent of ABC. ABC may freely do so, in whole or in part. This TOS will be binding upon the successors and permitted assigns of you and ABC. This TOS does not create any third party beneficiary rights. This TOS will be interpreted as if equally drafted by ABC and you. A party’s failure or delay in exercising any right, power or privilege under this TOS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under this TOS. You and ABC are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. The terms “includes” or “including” mean “includes, but is not limited to” and “including, but not limited to” respectively.
By providing your email address, you agree that ABC may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. ABC may send any legal notices to you via email, notification by a message to your account or regular mail. To give legal notice to ABC, please send written communication to:
Attn: Legal Department
ABC – Arabian Business Community
Po Box 1100
Manama Kingdom of Bahrain
The terms “we”, “us”, “our”, and “ABC” refer to AL HILAL GROUP AND NORTH STAR TECHNOLOGIES WLL AND ABC COMMUNITIES LIMITED (the “Companies”), and its affiliated companies;