You accept the following Terms of Service when registering at AKTCO Online Accounts and e-mail Services.
1. Description of Service.
AKTCO (Altaf & Khammas Trading Co. LLC, Dubai-UAE) ("AKTCO") has arranged to provide you (the "Member/User") with the capability of accessing your or your company account details (i.e. Accounts, Sales Statements) via the World Wide Web as well as offering other Web related services (the "Service") pursuant to the terms and conditions of this Agreement. Though some parts of the service will be provided at no charge to Member/User, AKTCO may change this at any time and institute a fee for such a service. AKTCO reserves the right to modify or discontinue the Service at any time without notice to Member/User, and Member/User agrees that AKTCO will not be liable for any modification or discontinuance of the Service.
2. Modifications to Terms of Service.
AKTCO may amend the terms and conditions of this Agreement from time to time. Member/User will be notified of any such amendments via a startup screen describing the changes. By clicking on the "I Agree" button that follows the posted amendments, Member/User agrees to be bound by stated modifications to this Agreement. If Member/User does not click the "I Agree" button, Memberís/User's account will be terminated. Memberís/User's use of the Service is at all times conditioned upon Memberís/User's consent and adherence to the then current AKTCO Terms of Service.
3. Member/User Data.
In consideration for the use of the Service, Member/User is obliged to provide accurate, current and complete demographic information (the "Member/User Data") as requested in the registration process and in any subsequent AKTCO questionnaires, and to maintain and update Member/User Data as necessary during the term of this Agreement to keep it accurate and complete. Any failure by Member/User to maintain and update Member/User Data as set forth herein will be grounds for disabling of Memberís/User's account and termination of Memberís/User's right to use the Service.
4. Member/User Responsibilities.
(a) Member/User is responsible for maintaining the confidentiality of Memberís/User's password and account and for any and all activities that occur under Memberís/User's account. Member/User agrees to immediately notify AKTCO of any unauthorized use of Memberís/User's account or any other breach of security known to Member/User. Member/User agrees to exit from his account at the end of each session. Member/User passwords may be changed at any time by following posted instructions.
(b) Member/User is responsible for establishing and maintaining necessary connections to the World Wide Web at its own expense and for providing all equipment necessary for connection, including a computer and modem.
(c) Member/User agrees: (i) to not interfere with the use and enjoyment of the Service by other Member/Users; (ii) to not use the Service for illegal purposes; (iii) to not interfere with or disrupt the Service or servers or networks connected to the Service; (iv) to comply with all requirements, procedures, policies and regulations of networks connected to the Service; and (v) to comply with all applicable laws regarding the transmission of technical data.
(d) Member/User acknowledges that he or she is solely responsible for the content of Memberís/User's transmissions through the Service, and agrees to not transmit any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, defamatory, vulgar, obscene, tortuous or otherwise objectionable material of any kind. Member/User agrees to not transmit any material that violates the rights of another including, but not limited to, intellectual property rights, and agrees that he or she is solely responsible for obtaining any consents necessary to transmit any such material of another. Member/User agrees to not transmit any material that violates or promotes the violation of any applicable local, state, national, or international law or regulation.
(e) Member/User agrees to not attempt to gain unauthorized access to other computer systems or networks connected to the Service. Member/User agrees to not compile lists of AKTCO Member/Users for any reason or in any form. Finally, Member/User agrees to not transmit, insert, embed or knowingly cause computer viruses (or any code, the effects of which is virus-like).
(f) Member/User agrees not to resell the Service or use of or access to the Service.
(g) Member/User agrees to indemnify and hold AKTCO, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Memberís/User's use of the Service, Memberís/User's connection to the Service, Member/User's violation of the terms and conditions of this Agreement, or Member/User's violation of the rights of a third party.
5.1 AKTCOís online services are free of charge, but limited for the permanent clients of AKTCO (Altaf & Khammas Trading Co. LLC, Duabi-UAE).
5.2 AKTCO can start charging for this service ???????/
6. Term and Termination.
6.1 The agreement between the Parties shall be in effect from the date the online Registration form is accepted and confirmed by AKTCO and shall continue unless terminated by either party in accordance with this clause 6.
6.2 Either party may terminate a Service on thirty (30) days' notice.
6.3 Member/User agrees that AKTCO may terminate Memberís/User's password, account or use of the Service with immediate effect if AKTCO believes that Member/User has violated or acted inconsistently with the letter or spirit of this Agreement or that Member/User has violated the rights of AKTCO, other Members/Users or third parties. Member/User further agrees that AKTCO may terminate Memberís/User's password, account or use of the Service if Member/User fails to use the Service at least one time during a reasonable period of time, as determined by AKTCO, which period shall not be less than three months.
6.4 Upon termination of this Agreement all Services shall without prejudice to the Parties' accrued rights and obligations with respect thereto, terminate forthwith.
AKTCO considers all messages transmitted via the Service to be the private correspondence of the sender and recipient. Therefore, AKTCO will not monitor, edit or disclose to any third party the contents of Memberís/User's messages, except (a) as required by law; (b) to comply with legal process; (c) as necessary to enforce this Agreement; (d) as necessary to defend against claims that the contents of such messages violate the rights of third parties; and (e) as necessary to protect the rights or property of AKTCO or third parties. Notwithstanding the foregoing, Member/User understands and agrees that technical processing of communications is and may be required (w) to send and receive messages; (x) to conform to the technical requirements of connecting networks; (y) to conform to the limitations of the Service; or (z) to conform to other, similar technical requirements. Member/User acknowledges and agrees that any actions taken by AKTCO with respect to Member/User messages as set forth in this Section 6 shall not constitute endorsement by AKTCO of the content of any Member/User communications and will not expose AKTCO to any liability for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of any third party.
AKTCO reserves the right to place and maintain contact names, service type, and other information of the Member/User and its Affiliates relating to this Agreement, any online registration form, or any Service in computerized directories for internal AKTCO use and for use of AKTCO affiliates and to transmit such data abroad, unless specific written instructions to the contrary are received by the Member/User. Member/User agrees that AKTCO or its designee may disclose Member/User data and information about Memberís/User's use of the service to sponsors and third parties.
8. External Sites and Links.
AKTCO is not responsible for the availability of such external sites or resources linked through the site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Member/User agrees that AKTCO 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 use of or reliance on any such content, goods or services available on such external sites, resources or links. Member/User acknowledges and agrees that any material and/or data downloaded or otherwise obtained through the use of or from the Service is done at Memberís/User's own discretion and risk and that Member/User will be solely responsible for any damage to Memberís/User's computer system or loss of data that results from the download of such material and/or data.
9. AKTCO Proprietary Rights.
Member/User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material or information presented to Member/User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Member/User acknowledges and agrees that Member/User is permitted to use this material and information only as expressly authorized by AKTCO and that Member/User may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
10. Disclaimer of Warranties.
Member/User acknowledges and agrees that use of the Service is at Memberís/User's sole risk and that the Service is provided on an "as is" and "as available" basis. AKTCO expressly disclaims any representation or warranty regarding the performance, availability, functionality or any other aspect of the service or any information obtained through use of the service. There are no warranties, either expressed or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by Member/User from AKTCO or through or from the Service shall create any warranty not expressly stated herein.
11. Limitation of Liability.
AKTCO shall not be responsible or liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other theory: (a) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology, (b) for any indirect, incidental or consequential damages including, but not limited to loss of profits; or (c) for any matter beyond its reasonable control.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. AKTCO may broadcast notices or messages through the e-mail to inform Member/User of changes to these terms and conditions, the Service, or other matters of importance shall constitute notice to Member/User. Except as otherwise expressly provided herein, any provision of this Agreement may be amended and the observance of any provision of this Agreement may be waived (either generally or in any particular instance and either retroactively or prospectively) only with the written consent of AKTCO. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Both parties agree that this Agreement, the online registration form on the AKTCO platform is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.
13. Governing law. Place of Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of United Arab Emirates and the Parties irrevocably agree to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates, for the resolution of any dispute between the parties arising out of or relating to this Agreement.