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Conditions of Use

IMPORTANT: ZAKI A. GHUL (ZAKI A. GHUL) an establishment registered under the laws of Jordan with registration number (565) (the “Company”) operating under the trademark ZAKI A. GHUL and the domain name ZAKI A. GHUL.com (the “Website”) (the Company and the Website shall hereinafter be collectively referred to as (“ZAKI A. GHUL”). ZAKI A. GHUL operates this Website and the services related to or offered on it. These terms and conditions (“Terms of Use”) govern your use of the Website and its services and constitute a legally binding agreement between ZAKI A. GHUL and You. The terms (“you”) and (“User”) refer to all individuals and entities that access this Website. Please read the Terms of Use carefully before accessing or using ZAKI A. GHUL. Each time You access or use ZAKI A. GHUL, You represent and warrant that You have read, understood and agreed to be bound by these Terms of Use. If you do not agree to these terms of use, please do not use this Website.

ACCESS TO WEBSITE

Access to this Website may be temporary, and ZAKI A. GHUL reserves the right to withdraw or amend or take down the content of the Website at any time without notice. ZAKI A. GHUL reserves the right to change and amend the Terms of Use from time to time whenever it is appropriate and such updated Terms of Use shall be posted on the Website. Therefore, You are responsible to review the Terms of Use periodically and regularly to be aware of such modifications. Your decision to continue using ZAKI A. GHUL following such changes or amendments constitutes your acknowledgement to the changed and amended Terms of Use and your use will be governed by the modified Terms of Use. If You do not agree with the modified Terms of Use or have any objection thereto, your sole recourse will be to cease access and use of ZAKI A. GHUL and its services, and refrain from using the Website.

We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website also contains links to other websites, which are not operated by ZAKI A. GHUL the (the “Linked Sites”). ZAKI A. GHUL does not control, endorse, monitor or investigate the performance of the Linked Sites, nor has ZAKI A. GHUL reviewed or approved the content which appears on the Linked Sites. ZAKI A. GHUL disclaims any liability or responsibility, directly or indirectly, for any damage, loss or other harm resulting from the use of any of third party content, products, or services available on or through the Webiste. Your use of the Linked Sites will be subject to the terms of use and service contained within each of such site.

PRIVACY POLICY

ZAKI A. GHUL respects your privacy and believes you should be informed about how we collect, use, and disclose your personal information. By using the Website You consent to the collection and use of such information as specified in our privacy policy. Please read ZAKI A. GHUL’s privacy policy (“Privacy Policy”) before using the Website.

RESTRICTIONS ON USE OF MATERIALS

Except as otherwise permitted by these Terms of Use, no material from this Website or any website owned, operated, licensed or controlled by ZAKI A. GHUL may be modified, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way by You, except that you may print one hard copy or download one soft copy of the materials on any single computer for your personal, non-commercial home use, or to place an order to purchase product from ZAKI A. GHUL, provided you keep intact all copyright and other proprietary notices. Use of the materials for any other purpose, modification of the materials, or use of the materials on any other website or networked computer environment is strictly prohibited. Absolutely no framing of this Website is permitted without the prior written consent of ZAKI A. GHUL. Except as expressly stated in this legal notice, no right or license to the materials, or any portion thereof, shall be granted or implied.

PROHIBITED ACTIVITIES

ZAKI A. GHUL hereby grants You permission to access and use the Website and its services subject to the following Terms of Use, and by using ZAKI A. GHUL, You agree that your failure to adhere to any of the conditions set-out herein shall constitute a breach of these Terms of Use on your part and shall entitle ZAKI A. GHUL to immediately terminate your use of the Website, undertake any other action deemed necessary by ZAKI A. GHUL to cease such prohibited activities and claim any losses incurred as a result thereof:

1) You will not collect or harvest other users’ content or information including but not limited to e-mail addresses, passwords or phone numbers, or infringe any copyright, patent, trademark, trade secret or other proprietary rights available via ZAKI A. GHUL.

2) You will not use the Website to promote or advertise in any way any trademark, tradename, domain name, any other proprietary rights, products or instructions.

3) You will not upload, post or transmit viruses, worms, time bombs or other computer programming code that is intended to damage or corrupt any data or information.

4) You will not promote or post any content that is defamatory, promotes hatred and/or racist speech, political in nature, threatening, or pornographic; incites violence, or contains nudity or graphic or gratuitous violence, or otherwise offensive or inappropriate.

5) You will not use the Website in any manner that could damage, disable, impair, disparage, or otherwise negatively impact ZAKI A. GHUL’s servers or networks, or interfere with other users’ enjoyment of the Website.

6) You will not gain access to ZAKI A. GHUL or any of its services, accounts and login information, computer systems or networks connected to the website through hacking, password mining or any other unlawful or unauthorized means.

7) You will not sell, distribute, transmit, display, perform, publish, license or otherwise dispose of or deal in any part of ZAKI A. GHUL or its services, including any information, software or products published on the Website.

8) You will not breach or violate any applicable local, national or international law, statute, ordinance, rule or regulation, including but not limited to these Terms of Use at all times during your use of ZAKI A. GHUL.

9) You are solely responsible for any breach, loss or damage caused due to exercising any of the abovementioned prohibited activities and You acknowledge that ZAKI A. GHUL has no responsibility to You or to any third party for any such breach, loss or damage.

ACCOUNTS

You may be required to create an account by registering your name, email and specifying a password to use certain features on our Website. By completing the registration process, You:

1) Represent and warrant that all information provided, given, or posted is true, accurate, current and complete information about yourself, as prompted by the applicable registration form, and that such information should be updated as necessary. Otherwise, ZAKI A. GHUL reserves the right to terminate your access to the Website.

2) May not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.

3) Consent to receive periodic and regular e-mail communications from ZAKI A. GHUL or other members regarding services, new product offers, promotions or other matters.

4) Are entirely responsible for maintaining the security and confidentiality of your login information, account and password.

5) Agree to immediately notify ZAKI A. GHUL of any unauthorized use of your login information or password. ZAKI A. GHUL should not be held liable for any losses incurred due to someone else’s use of your account or password, either with or without your knowledge.

YOUR INFORMATION

You are entirely responsible for maintaining the confidentiality of your password and your account, and you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by emailing us at webmaster@ghul-group.com or calling the number referred to on our website. ZAKI A. GHUL shall not be responsible for any loss that results from the unauthorized use of your password, with or without your knowledge, and you agree to indemnify and hold harmless ZAKI A. GHUL for losses incurred by ZAKI A. GHUL or another party due to any third party using your account as a result of your failure to use reasonable care to safeguard your password.

You grant ZAKI A. GHUL a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to ZAKI A. GHUL or other users of ZAKI A. GHUL’s website and/or post thereon in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of ZAKI A. GHUL for the purposes of operating and promoting ZAKI A. GHUL’s website in accordance with the Terms of Use and the Privacy Policy. You are solely responsible for the information, and we act as a passive conduit for your online distribution and publication of the information.

BUYERS

You may buy products offered online by us by completing the order form available on our Website. To buy products through our Website, you must be at least 18 years of age. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.

You agree to deal with us in good faith and in compliance with all applicable laws. We may cancel orders where we consider that you have not dealt with us in good faith or have otherwise breached applicable laws, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged, less delivery charges, any other charges incurred by us in processing such credit, and applicable taxes and duties, at our discretion.

ORDERS

You must register with our website to be able to make purchases from our online store. Once you submit an order, you may cancel any order free of charge and without giving any reason within (6) six hours from placing the order, by submitting our cancellation form. Subject to our discretion, you may be able to cancel the order free of charge after (6) six hours from making the order, otherwise, you will be charged up to 100% of the purchase price for cancellation. All orders are subject to acceptance by us, at our discretion.

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability of stock and confirmation of the order price. We will inform you if the product you wish to purchase is unavailable in stock and will allow you to cancel your order at no cost.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.

TERMS OF SALE

In order to contract with ZAKI A. GHUL, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. ZAKI A. GHUL retains the right to refuse any request made by you, and ZAKI A. GHUL reserves the right to close your ZAKI A. GHUL account at its sole discretion. If your order is accepted we will inform you by email and we will confirm the identity of the party, which you have contracted with. This will usually be ZAKI A. GHUL or may in some cases be a third party. Where a contract is made with a third party, ZAKI A. GHUL is not in any way, acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale, which they supply to you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the products.

The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

OUR CONTRACT

Payment by Card: When you place an order on our Website, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute an acceptance of your order. A contract between us for the purchase of the products will only be formed upon approving your payment and sending you a confirmation email advising that we have accepted your order.

Payment by Cash: When you place an order on our Website, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the products will only be formed upon sending you a confirmation email advising that we have accepted your order.

SPECIAL OFFERS

We may provide special offers in relation to our products from time to time. At any time, we may terminate any special offer without advance notice. If terminated, a special offer will continue to apply to products you ordered in good faith in accordance with these Terms of Use before the special offer was terminated.

PRICES

All prices are in Jordanian Dinars. Prices include sales tax, unless indicated otherwise, but exclude delivery charges and customs duty and other taxes, if applicable. All prices are subject to change without notice.

PAYMENT

Payments can be made by Debit/Credit cards or cash upon delivery, as the case may be, depending on the type of product and/or value of the order. If you purchase your order using a Debit/Credit card, the full payment for your order (including the product price and applicable delivery charges) is deducted from your credit card on completion of your order. If payment is made using a Debit/Credit card, processing the delivery will commence once payment has been processed/validated.

We accept payments by Visa and MasterCard only.

ERRORS

From time to time there may be errors on our website such as wrong pricing, wrong descriptions and offers for products that are not available or are no longer available. Notwithstanding the Terms of Use herein, and to the extent legally permitted, we may decline or cancel any orders that are affected by the error, even if the order has been confirmed and a credit card charged. If your credit card is charged for the purchase and we cancel the order, we will notify you and credit your credit card account for the amount charged.

AVAILABILITY

All products are offered for sale subject to available stock. In all circumstances, if an item is out of stock, we may contact you to offer a substitute. If you do not accept a substitute item, we will cancel your order and issue a credit to your account in the amount charged (if any).

DELIVERY/SHIPPING

We ship within Jordan only. We charge different delivery costs depending on the items purchased and the delivery option you chose (as varied from time to time and subject to a surcharge for large orders). For other destinations, shipping cost is determined by destination, weight and shipping method. It is your obligation to enter the correct delivery address details at the time of ordering. We shall not be liable for delivery failure in the event you enter the address details incorrectly.

Upon confirming your order, we will use all reasonable efforts to dispatch orders within 4 business days therefrom. Most orders should arrive within 3 business days after dispatch depending on the destination. However, some orders may not be available for immediate dispatch and may take up to two weeks to be dispatched. It is your responsibility to inform us promptly if an order does not arrive either by emailing us on sales@ghul-group.com or calling on the number provided on the website. Once we learn an order has not arrived within a reasonable period we will lodge an enquiry with the courier and advise you of any issues that are discovered.

We are not liable for any loss caused to you as a result of the late delivery or non-delivery. Late delivery does not entitle you to cancel your order. If you do not answer when the courier tries to deliver your order, you must contact the courier directly to arrange re-delivery. Without limitation, we are not liable for any loss or damage as a result of you failing to contact the courier within the time specified in any “article awaiting collection” notice left by the courier at the time of delivery.

DAMAGE

If you receive any products in a damaged condition, we may issue you a credit in the amount paid for the products or send replacement products, at our discretion, if you notify us within 24 hours of the delivery date. We may ask you to provide proof of the damage, as a condition of refund or replacement.

Please check your items against your receipt. If there are any discrepancies please email support@ghul-group.com or call our Customer Service line on the Customer Service number provided on our website, as soon as possible and within 48 hours days of purchase date.

RISK

Risk of damage, loss or deterioration to the products passes to you on delivery in accordance with these Terms of Use.

TITLE

Products ordered by you remain our property until you pay for them in full.

PRODUCT WARRANTIES

To the extent legally permitted, we exclude all conditions, warranties, guarantees and similar, whether express or implied, as to the condition, suitability, quality, fitness or safety of any products or services supplied by us (the “Warranties”), other than those implied by statute which may not be legally excluded. Any liability we may have to you under Warranties implied by statute which cannot be excluded is limited, where expressly permitted by statute, to supplying, or paying the cost of supplying, the products or services again or repairing, or paying the costs of repairing, the products, at our option.

RETURNS

Unless otherwise provided by us and subject to our approval, we do not accept any return of orders placed.

COMMUNICATION

When you use the Website or send emails to ZAKI A. GHUL, you are communicating with ZAKI A. GHUL electronically. You consent to receive communications from ZAKI A. GHUL electronically. ZAKI A. GHUL will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement (if any) that such communications be in writing.

INTELLECTUAL PROPERTY

When using this Website, You represent and warrant that You will honor the intellectual property rights of ZAKI A. GHUL and others in accordance with the relevant laws.

ZAKI A. GHUL and all logos, page headers, custom graphics and icons are registered trademarks owned by ZAKI A. GHUL or its licensors and are protected by copyright, trademarks, patents or other intellectual property rights and laws. Moreover, information and material available on the Website, including but not limited to data, pages, documents, online graphics, images, web pages, animations and videos are protected by copyright, unless notified otherwise. Neither your use of the Website nor these Terms of Use grant you any right, title or interest in or to any such materials.

LIMITATION OF LIABILITY

You acknowledge that you are using the Website at your own risk. To the extent legally permitted, in no event will we be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via this website or the use of such products or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort (including negligence) or any other legal theories. To the extent that the above exclusion of liability is unenforceable, invalid or ineffective for any reason, it will be severed from these Terms of Use and our maximum aggregate liability for all losses, damages and other amounts referred to in the above exclusion of liability under any cause of action referred to in the above exclusion of liability is limited to JOD 5.00, Five Jordanian Dinars.

INDEMNITY

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, contractors, licensors and suppliers harmless from and against all losses, expenses, claims, proceedings, damages and costs (including actual, special, direct, indirect, incidental, exemplary or consequential) of every kind and nature made by any other party due to or arising out of any violation of these Terms of Use, any terms and policies it incorporates by reference, the rights of another party, any applicable law, statute, ordinance or regulation or due to or arising out of any activity related to products and services supplied by us.

CONTACTING US

You can contact us using any of the following methods:

• By calling at the phone numbers referred to on our website between [9am – 5pm], [Sunday through Thursday], excluding public holidays;

• By emailing us at sales@ghul-group.com; or

We recommend you regularly check our website for any updates or changes to the above contact details.

NOTICES TO YOU

We may notify you by email, a general notice on this website or by other reliable method to an address or using contact information previously provided by you.

FORCE MAJEURE

You acknowledge and agree that we are not obliged to perform obligations or respond to your orders and will not be responsible for any delays where and so long as we are prevented from performing our obligations under these Terms of Use by events or causes beyond our reasonable control. We will endeavor to notify you of any delay and its expected duration. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.

ENTIRE AGREEMENT

These Terms of Use (including any terms or policies incorporated by reference) set out the entire agreement between you and us concerning its subject matter and supersedes all prior communications.

ALTERATIONS

We may alter these Terms of Use from time to time by posting the altered version on our website. You should visit the website regularly to keep up to date with any alterations. In the case of an alteration, the altered Terms of Use only apply to products ordered via the website after the alteration takes effect from time to time without prior notice, at our discretion.

APPLICABLE LAW

These Terms of Use are governed by the laws of Jordan. The parties submit to the non-exclusive jurisdiction of the courts of Central Amman (the Palace of Justice).

01, January 2017