Terms & conditions
KARGAL TERMS AND CONDITIONS OF USE
By posting your classified ad here, you agree that it is in compliance with our guidelines listed below.
1. ACCEPTANCE OF TERMS
1.1 Your access to and use of Kargal and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
3. THE SERVICES
The Website ia a classified social network that provides communication tools such as profiles, comments, posting photos, sharing, online chatting, decision board, voting as well as posting advertisements, commercial ads, reviews, store, pricing information, merchants and other facilities Kargal designed to enable you to communicate with others as well as buy and sell. The Services are for your personal as well a commercial use.
4. ADULT CONTENT
Some parts of the Website may contain adult content intended for people who are at least 18 years old. If you view this adult content, we understand that you are telling us that you are at least 18 years old and that the material you are viewing is acceptable to you. If you are below 18 years old, Adult supervision is required.
5. CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website should supervise such access and use. By allowing your child access to the Website you are allowing your child access to all of the Services, profiles, comments, posting photos, sharing, online chatting, decision board, voting as well as posting advertisements, commercial ads, reviews, store, pricing information, merchants and other facilities on the Website. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
6. PRIVACY AND COOKIES
6.1 We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Arab Emirates. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website and its Services and from time to time may also be used for Third Party promotions conducted by the Website.
6.2 We use a technology called “cookies”. A cookie is an element of data that the Website sends to your browser that is then stored on your system.
If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
7. USER ACCOUNT, PASSWORD AND SECURITY
When you register as a member of the Website, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Website’s service, which shall consist of an email address you own and use (the “User ID”). You acknowledge and agree that your User ID is accurate and complete. The Website reserves the right to refuse registration of, or cancel a User ID in its sole and absolute discretion. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. In no event will the Website be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
8. OUR USE OF YOUR INFORMATION
9. ACCEPTABLE USE
9.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. www.kargal.ae will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
9.2 In using the Website you agree not to:
9.2.1 Use the Website for any activities or post or transmit to or via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, are contrary to any relevant standards or codes;
9.2.2 Use another’s name, username or password without their permission;
9.2.3 Tamper with, hinder the operation of, or make unauthorized modifications to the Website;
9.2.4 Modify, adapt, translate, or reverse engineer any portion of the Website;
9.2.5 Reformat or frame any portion of the web pages that are part of the Website;
9.2.6 Create user accounts by automated means or under false or fraudulent pretenses;
9.2.7 Use of the Website or to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that which may be deemed threatening or obscene;
9.2.8 Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
9.2.9 Use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
9.2.10 Post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
9.2.11 Post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
9.2.12 Threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
9.2.13 Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
9.2.14 Remove any copyright, trade mark or other proprietary rights notices contained in or on the Website;
9.2.15 Make available or upload files that contain a virus, worm, Trojan horses or other disabling features to the Website or corrupt data that may damage the operation of the computer or property of another;
9.2.16 Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website;
9.2.17 Collect or store any information about other users or the Website, including usernames and/or email addresses for any purpose other than to share opinions, buy, sell, advertise or reviews with other users or members;
9.2.18 Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
9.2.19 Impersonate any person or entity for the purpose of misleading others;
9.2.20 Violate any applicable laws or regulations;
9.2.21 Use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
9.2.22 Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
9.2.23 Attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means;
9.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable;
10. Conduct in Forums and Content of Postings
10.1 Post irrelevant, untruthful or misleading or deceptive content;
10.2 Violate the legal rights of others;
10.3 Impersonate another person or use a false header or other identifiers in order to disguise the origin of any posting or uploaded content;
10.4 Defame, threaten, harass, stalk or flame any other user;
10.5 Publish, post, distribute or disseminate any unlawful material or information, including material or information that infringes another person’s intellectual property rights or is defamatory, misleading, deceptive, intentionally inaccurate, obscene, indecent, pornographic or otherwise objectionable;
10.6 Publish, post, distribute or disseminate any material or information relating to the products or services of a competitor to your business (or a competitor of the business you are engaged or employed by);
10.7 Upload or attach files that contain material protected by intellectual property laws unless you own or have all required licenses or consents to use such material;
10.8 Upload or attach files that contain viruses, corrupted files, or any other similar software or programs containing harmful or damaging components designed to interpret, impair, destroy or limit the functionality or operability of any computer system, software, hardware or telecommunications equipment;
10.9 Advertise, solicit business, offer to sell any goods or services (except to the extent you are permitted to do so pursuant to a current Merchant Agreement between you and Kargal.ae);
10.10 Post or send any SPAM, junk mail, chain letters or pyramid schemes;
10.11 Conduct any raffle, competition, contest or game (irrespective of whether participants must pay a fee or other consideration);
10.12 Recruit other users to join another website forum, whether personal or otherwise; or post the same message or material more than once in the same forum.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
12. LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that www.kargal.ae is not responsible for the content or availability of any such websites.
13. NO ENDORSEMENT
The display of third party Merchant trade marks on the Website does not constitute or imply the Website’s endorsement of or affiliation with such merchant or business, products, services or information contained or listed on that linked to website (except to the extent that merchant is permitted to display content on the Website pursuant to their Merchant Agreement with the Website).
14. NO SPAM
Any publication of e-mail addresses on the Website is for the purpose of professional communication only. Our e-mail addresses must not be used to send unsolicited commercial electronic messages.
15. INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Arab Emirates or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, modified, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder or as permitted under the Copyright Act. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
16.2 The Website does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, perpetual, royalty free, non-exclusive, and irrevocable licence to use, copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content you submit to the Website or write about the Website (including emails and posts to our forums), in any form, and by any current or future media or technology. You consent to the Website not attributing your authorship to any of your postings to the Website.
17. INFORMATION USE
We welcome your feedback regarding our Website. If you provide feedback or send comments to us, you agree that the Website is permitted to reproduce, transmit, distribute, create derivate works of, and publicly display any information that you submit to us.
You agree to indemnify and hold the Website harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against the Website by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Website in consequence of your breach of these Terms and Conditions.
20. DISCLAIMERS AND LIMITATION OF LIABILITY
20.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
20.2 You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use the Website or the content, postings or material on or accessible through the Website (including search results, editorial content, user rating, any other content or transactions conducted through a linked site).
20.3 Except as expressly stated in these terms, the Website will not be liable for any loss whatsoever (including, without limitation, indirect, incidental, special, or consequential loss, loss of profits or loss of opportunity), expense, damage, or injury that is suffered (however so caused) in connection with your access to, or use of, or inability to use the Website or the content or materials of the Website (including linked websites), whether based in contract, tort, negligence, statute or any other legal theory, except for any liability that cannot be excluded by law.
20.4 The Website makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
20.5 While the Website exercises all due care and precautions, the Website cannot and does not guarantee or warrant that files posted to and/or available for downloading through the Website or delivered via electronic mail will be free of infection, viruses, defects, harmful components or any other codes that may have contaminating or destructive properties. You are responsible for implementing procedures that satisfy your requirements for accuracy of data input and output, and for maintaining a means external to the Website to reconstruct any lost data.
20.6 In compiling content for the Website, Kargal relies on information supplied by a number of external sources and content posted by third parties, including the content of any messages or reviews. As the Website does not control the content posted by third parties on the Website, we cannot and do not warrant the accuracy, completeness, integrity or quality of such information or content. We do not warrant the information provided on the Website is free from human or automated error. You must not rely on any information presented on the Website. Reliance is solely at your own risk.
20.7 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of the Website for death or personal injury as a result of the negligence of the Website.
20.8 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
22. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Dubai, UAE and you hereby submit to the exclusive jurisdiction of the Dubai courts.