TERMS AND CONDITIONS
Last updated April 12, 20231. AGREEMENT TO TERMSThese Terms and Conditions constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and Al Muhark Security Services LLC
(“Company”, “we”, “us”, or “our”), concerning your access to and use of the
https://keyless.ae/ website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise connected thereto
(Collectively, the “Website”). We are registered in the United Arab Emirates and have our
registered office at Beirut Street, AlQusais 2, Dubai 30306. The Website provides an
online marketplace for the following goods, products, and/or services: Electronic
Locks, License for device utilization (the “Marketplace Offerings”). In order to help
make the Website a secure environment for the purchase and sale of Marketplace
Offerings, all users are required to accept and comply with these Terms and Conditions. You
agree that by accessing the Website and/or the Marketplace Offerings, you have read,
understood, and agree to be bound by all of these Terms and Conditions. IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Website
from time to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to these Terms of
Use at any time and for any reason. We will alert you about any changes by updating
the “Last updated” date of these Terms and Conditions, and you waive any right to receive
specific notice of each such change. Please ensure that you check the applicable
Terms every time you use our Website so that you understand which Terms apply. You
will be subject to, and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms and Conditions by your continued use of the Website
after the date such revised Terms and Conditions are posted.
The information provided on the Website is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Website from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Website is intended for users who are at least 21 years of age. All users who are
minors in the jurisdiction in which they reside must
have the permission of, and be directly supervised by, their parent or guardian to use
the Website. If you are a minor, you must have your parent or guardian read and agree to
these Terms and Conditions prior to you using the Website.
2. INTELLECTUAL PROPERTY RIGHTSUnless otherwise indicated, the Website and the Marketplace Offerings are our
proprietary property and all source code, databases, functionality, software, webWebsite
designs, audio, video, text, photographs, and graphics on the Website (collectively, the
“Content”) and the trademarks, service marks, and logos contained therein (the
“Marks”) are owned or controlled by us or licensed to us, and are protected
in the UAE and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws (jointly ‘Rights’) . The Content and the Marks are provided on the Website “AS IS” for your
information and personal use only. Except as expressly provided in these Terms of
Use, no part of the Website or the Marketplace Offerings and no Content or Marks may
be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Website, you are granted a limited license to
access and use the Website and to download or print a copy of any portion of the Content
to which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Website, the Content
and the Marks.3. USER REPRESENTATIONSBy using the Website or the Marketplace Offerings, you represent and warrant that:
(1) all
registration information you submit will be true, accurate, current, and complete;
(2)
you will maintain the accuracy of such information and promptly update such
registration information as necessary;
(3) you have the legal capacity and you agree
to comply with these Terms and Conditions;
(4) you are not under the age of 21;
(5) you are
not a minor in the jurisdiction in which you reside, or if a minor, you have received
parental permission to use the Website;
(6) you will not access the Website or the
Marketplace Offerings through automated or non-human means, whether through a
bot, script or otherwise;
(7) you will not use the Website for any illegal or unauthorized
purpose; and
(8) your use of the Website or the Marketplace Offerings will not violate any
applicable law or regulation.If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the Website (or any portion thereof).
You may not use the Website or the Marketplace Offerings for any illegal or unauthorized
purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among
unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal
drugs or other illegal products; alcoholic beverages; games of chance; and
pornography or graphic adult content, images, or other adult products. Postings of
any unauthorized products or content may result in immediate termination of your
account and a lifetime ban from use of the Website.
We are a service provider and make no representations as to the safety,
effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of
any of the information contained on the Website or the Marketplace Offerings displayed
or offered through the Website. You understand and agree that the content of the Website
does not contain or constitute representations to be reasonably relied upon, and you
agree to hold us harmless from any errors, omissions, or misrepresentations
contained within the Website’s content. We do not endorse or recommend any
Marketplace Offerings and the Website is provided for informational and advertising
purposes only.
In exchange for accessing, browsing and/or using our Website, you agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations, including without limitation United Arab Emirates (UAE) Federal Law No. 40 of 1992 concerning the Protection of the Intellectual Work and Rights of the Author and its amendments and the Implementing Regulations thereof. You represent you have the legal authority to accept these Website Terms and Conditions on behalf of yourself or any party you represent. Use of the Website is unauthorized in any jurisdiction that does not give effect to these Website Terms and Conditions, including without limitation this paragraph.
4. USER REGISTRATIONYou may be required to register with the Website in order to access the Marketplace
Offerings. You agree to keep your password confidential and will be responsible for
all use of your account and password. We reserve the right to remove, reclaim, or
change a username you select if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise objectionable.5. MARKETPLACE OFFERINGSWe make every effort to display as accurately as possible the colors, features,
specifications, and details of the Marketplace Offerings available on the Website.
However, we do not guarantee that the colors, features, specifications, and details of
the Marketplace Offerings will be accurate, complete, reliable, current, or free of other
errors, and your electronic display may not accurately reflect the actual colors and
details of the products. All Marketplace Offerings are subject to availability, and we
cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace
Offerings may be available exclusively online through the Website. Such Marketplace
Offerings may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We reserve the right to limit the quantities of the Marketplace Offerings offered or
available on the Website. All descriptions or pricing of the Marketplace Offerings are
subject to change at any time without notice, at our sole discretion. We reserve the
right to discontinue any Marketplace Offerings at any time for any reason. We do not
warrant that the quality of any of the Marketplace Offerings purchased by you will
meet your expectations or that any errors in the Website will be corrected.6. PURCHASES AND PAYMENTWe accept the following forms of payment:
– Visa
– Mastercard
– American Express
You agree to provide current, complete, and accurate purchase and account
information for all purchases of the Marketplace Offerings made via the Website. You
further agree to promptly update account and payment information, including email
address, payment method, and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added to
the price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in Emirati Dirham.
You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment
provider for any such amounts upon placing your order. If your order is subject to
recurring charges, then you consent to our charging your payment method on a
recurring basis without requiring your prior approval for each recurring charge, until
such time as you cancel the applicable order. We reserve the right to correct any
errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Website. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per
order. These restrictions may include orders placed by or under the same customer
account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers, or distributors.7. RETURN/REFUNDS POLICY
All sale of licenses and hardware are final and no refunds will be issued. If a customer chooses to downgrade plan, the request shall only be active upon the completion of the current plan.
Installation service: Client is responsible for arranging all pre-requisites from the property/building management to allow installation from Keyless team.
If installation could not be completed, due to measures not taken by the client, the installation fees shall remain non-refundable. Subsequent visits shall be chargeable.
8. PROHIBITED ACTIVITIES
You may not access or use the Website for any purpose other than that for which we
make the Website available. The Website may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Website, you agree not to:
- Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
- Use any information obtained from the Website in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Website in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Website.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
- Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Website.
- Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Marketplace Offerings as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.
9. USER GENERATED CONTRIBUTIONSThe Website does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Website, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively, “Contributions”). Contributions may be
viewable by other users of the Website and through third-party websites. As such, any
Contributions you transmit may be treated in accordance with the Website Privacy Policy.
When you create or make available any Contributions, you thereby represent and
warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms and Conditions.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and these Terms and Conditions.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
Any use of the Website or the Marketplace Offerings in violation of the foregoing violates
these Terms and Conditions and may result in, among other things, termination or suspension
of your rights to use the Website and the Marketplace Offerings.10. CONTRIBUTION LICENSEYou and the Website agree that we may access, store, process, and use any information
and personal data that you provide following the terms of the Privacy Policy and your
choices (including settings).
By submitting suggestions or other feedback regarding the Website, you agree that we
can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Website. You
are solely responsible for your Contributions to the Website and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.11. MOBILE APPLICATION LICENSEUse LicenseIf you access the Marketplace Offerings via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or controlled by you, and to access
and use the mobile application on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Terms and Conditions.
You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer,
disassemble, attempt to derive the source code of, or decrypt the application;
(2)
make any modification, adaptation, improvement, enhancement, translation, or
derivative work from the application;
(3) violate any applicable laws, rules, or
regulations in connection with your access or use of the application;
(4) remove, alter,
or obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application;
(5) use the application for any
revenue generating endeavor, commercial enterprise, or other purpose for which it is
not designed or intended;
(6) make the application available over a network or other
environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the application;
(8) use the
application to send automated queries to any website or to send any unsolicited
commercial e-mail; or
(9) use any proprietary information or any of our interfaces or
our other intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the application.
As we have no control over your device’s network connection, except to the extent required by applicable law or as otherwise set out in these Terms and Conditions, we do not represent or warrant that any information (including prices, hardware stock availability) is correct or up to date. In the event of a price discrepancy, content and prices published on our Website will take precedence over any other publication or place of publication.Apple and Android DevicesThe following terms apply when you use a mobile application obtained from either the
Apple Store or Google Play (each an “App Distributor”) to access the Marketplace
Offerings:
(1) the license granted to you for our mobile application is limited to a nontransferable license to use the application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in accordance with the usage rules set
forth in the applicable App Distributor’s terms of service;
(2) we are responsible for
providing any maintenance and support services with respect to the mobile
application as specified in the terms and conditions of this mobile application license
contained in these Terms and Conditions or as otherwise required under applicable law, and
you acknowledge that each App Distributor has no obligation whatsoever to furnish
any maintenance and support services with respect to the mobile application;
(3) in
the event of any failure of the mobile application to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any, paid for
the mobile application, and to the maximum extent permitted by applicable law, the
App Distributor will have no other warranty obligation whatsoever with respect to the
mobile application;
(4) you represent and warrant that (i) you are not located in a
country that is subject to a U.S. government embargo, or that has been designated
by the U.S. government as a “terrorist supporting” country and (ii) you are not listed
on any U.S. government list of prohibited or restricted parties;
(5) you must comply
with applicable third-party terms of agreement when using the mobile application,
e.g., if you have a VoIP application, then you must not be in violation of their wireless
data service agreement when using the mobile application; and
(6) you acknowledge
and agree that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Terms and Conditions, and
that each App Distributor will have the right (and will be deemed to have accepted
the right) to enforce the terms and conditions in this mobile application license
contained in these Terms and Conditions against you as a third-party beneficiary thereof.12. SUBMISSIONSYou acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Website or the Marketplace Offerings
(“Submissions”) provided by you to us are non-confidential and shall become our
sole property. We shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of these Submissions
for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions,
and you hereby warrant that any such Submissions are original with you or that you
have the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any
proprietary right in your Submissions.13. ADVERTISERSWe allow advertisers to display their advertisements and other information in certain
areas of the Website, such as sidebar advertisements or banner advertisements. If you
are an advertiser, you shall take full responsibility for any advertisements you place
on the Website and any services provided on the Website or products sold through those
advertisements. Further, as an advertiser, you warrant and represent that you
possess all rights and authority to place advertisements on the Website, including, but not
limited to, intellectual property rights, publicity rights, and contractual rights. We
simply provide the space to place such advertisements, and we have no other
relationship with advertisers.14. WEBSITE MANAGEMENTWe reserve the right, but not the obligation, to:
(1) monitor the Website for violations of
these Terms and Conditions;
(2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms and Conditions, including without limitation,
reporting such user to law enforcement authorities;
(3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof;
(4) in
our sole discretion and without limitation, notice, or liability, to remove from the Website or
otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and
(5) otherwise manage the Website in a manner
designed to protect our rights and property and to facilitate the proper functioning of
the Website and the Marketplace Offerings.15. PRIVACY POLICYWe care about data privacy and security. Please review our Privacy Policy:
https://keyless.ae/privacy-policy/. By using the Website or the Marketplace
Offerings, you agree to be bound by our Privacy Policy, which is incorporated into
these Terms and Conditions. Please be advised the Website and the Marketplace Offerings are
hosted in the United Arab Emirates. If you access the Website or the Marketplace
Offerings from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from applicable laws
in the United Arab Emirates and the Emirate of Dubai, then through your continued use of the Website, you are
transferring your data to the United Arab Emirates, and you agree to have your data
transferred to and processed in the United Arab Emirates.16. TERM AND TERMINATIONThese Terms and Conditions shall remain in full force and effect while you use the Website.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE
MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF
ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE WEBSITE AND THE MARKETPLACE OFFERINGS OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU
POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name,
or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.17. MODIFICATIONS AND INTERRUPTIONSWe reserve the right to change, modify, or remove the contents of the Website at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Website. We also reserve the right to modify
or discontinue all or part of the Marketplace Offerings without notice at any time. We
will not be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Website or the Marketplace Offerings.
We cannot guarantee the Website and the Marketplace Offerings will be available at all
times. We may experience hardware, software, or other problems or need to perform
maintenance related to the Website, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Website or the Marketplace Offerings at any time or for any reason without
notice to you. You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Website or the Marketplace
Offerings during any downtime or discontinuance of the Website or the Marketplace
Offerings. Nothing in these Terms and Conditions will be construed to obligate us to maintain
and support the Website or the Marketplace Offerings or to supply any corrections,
updates, or releases in connection therewith.18. GOVERNING LAW AND USE OF WEBWEBSITE/MOBILE APPThe Website/Mobile app is controlled and operated in whole or in part by Al Muhark Security Services LLC from its offices within the UAE. By accessing the Website/Mobile app you agree that the laws and regulations of the UAE and the Emirate of Dubai without regard to conflicts of laws principles, will apply to all matters relating to use of the Website/Mobile app, and you agree that any litigation shall be subject to the exclusive jurisdiction of the Courts of Dubai, UAE. Those who access the Website /app from other locations do so at their own risk and are responsible for compliance with applicable local laws. Al Muhark Security Services LLC makes no representation that the Content in the Website/Mobile app is appropriate or available for use in other locations, and access to it from territories where the content is illegal is prohibited. You acknowledge that Al Muhark Security Services LLC reserves the right in its sole discretion to refuse to terminate access to the Website/Mobile app by you at any time. .19. DISPUTE RESOLUTIONYou agree to irrevocably submit all disputes related to Terms or the relationship
established by this Agreement to the jurisdiction of the Dubai courts.
Al Muhark Security Services LLC shall also maintain the right to bring proceedings as to
the substance of the matter in the courts of the country where you reside or, if these
Terms are entered into in the course of your trade or profession, the state of your
principal place of business.20. CORRECTIONSThere may be information on the Website that contains typographical errors,
inaccuracies, or omissions that may relate to the Marketplace Offerings, including
descriptions, pricing, availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or update the
information on the Website at any time, without prior notice.21. DISCLAIMERTHE WEBSITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS
AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND
OUR SERVICES AND OUR DEVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE, HARDWARE AND THE MARKETPLACE OFFERINGS AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBWEBSITES LINKED TO THE WEBSITE
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCTS
(3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE WEBSITE OR THE MARKETPLACE OFFERINGS,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
(6)
ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE WEBSITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE WEBSITE, ANY HYPERLINKED
WEBWEBSITE, OR ANY WEBWEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN
ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.22. LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE
MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL Al Muhark Security Services LLC LIABILITY EXCEED THE FEES YOU PAID FOR THE LICENSE OR HARDWARE AS THE CASE MAY BE GIVING RISE TO THE CLAIM..23. INDEMNIFICATIONYou agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of:
(1)
use of the Marketplace Offerings;
(2) breach of these Terms and Conditions;
(3) any breach of
your representations and warranties set forth in these Terms and Conditions;
(4) your violation
of the rights of a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Website or the Marketplace
Offerings with whom you connected via the Website. Notwithstanding the foregoing, we
reserve the right, at your expense, to assume the exclusive defense and control of
any matter for which you are required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use reasonable efforts to
notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.24. USER DATAWe will maintain certain data that you transmit to the Website for the purpose of
managing the performance of the Marketplace Offerings, as well as data relating to
your use of the Marketplace Offerings. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that relates to any
activity you have undertaken using the Marketplace Offerings. You agree that we
shall have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or corruption of
such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURESVisiting the Website, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide to
you electronically, via email and on the Website, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You
hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or
delivery or retention of non-electronic records, or to payments or the granting of
credits by any means other than electronic means.26. MISCELLANEOUSThese Terms and Conditions and any policies or operating rules posted by us on the Website or in
respect to the Marketplace Offerings constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or
provision of these Terms and Conditions shall not operate as a waiver of such right or
provision. These Terms and Conditions operate to the fullest extent permissible by law. We
may assign any or all of our rights and obligations to others at any time. We shall not
be responsible or liable for any loss, damage, delay, or failure to act caused by any
cause beyond our reasonable control. If any provision or part of a provision of these
Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms and Conditions and does not
affect the validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and
us as a result of these Terms and Conditions or use of the Marketplace Offerings. You agree
that these Terms and Conditions will not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have based on the electronic
form of these Terms and Conditions and the lack of signing by the parties hereto to execute
these Terms and Conditions.27. PRODUCT WARRANTYThese Terms and Conditions apply to any order, purchase, receipt, delivery or use of any Keyless products THESE TERMS AND CONDITIONS APPLY TO YOUR PURCHASE UNLESS YOU NOTIFY AL MUHARK SECURITY SERVICES LLC IN WRITING THAT YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS WITHIN 15 DAYS AFTER YOU RECEIVE THESE TERMS AND CONDITIONS AND YOU RETURN YOUR PRODUCT OR CANCEL SERVICES UNDER THE KEYLESS REFUND POLICY.
2. All Keyless E-cylinders carries a Product Warranty. This warrants to the original purchaser or, for products purchased from a Reseller, to the original end-user that Keyless – branded products will be free from defects in materials and workmanship. During the warrant period, Keyless team will, at its option either:
a. provide replacement parts necessary to repair the product; or
b. replace the product with a comparable product;
c. Replacement parts or products will be new or serviceably used, comparable
in function and performance to the original part or product, and warranted for
the remainder of the original warranty period. Purchasing additional products
from AlMuhark Security Services does not extend your warranty period.
3. Once the aforesaid period of the Equipment concerned has expired, there shall
accordingly, be no further warranty and/or guarantee applicable in respect of such
Equipment, whether arising in terms of applicable law/or from any other cause whatsoever, and the customer,
purchaser and/or user concerned of such Equipment shall have no recourse
whatsoever against Keyless in respect thereof after the warranty period.
4. This warranty covers normal use of the equipment and Al Muhark Security Services LLC does not
warrant misuse and improper handling, lack of care, abuse, accidents,
unauthorised service or parts or the combination of Keyless branded parts
with other products and further Acts of God (lightning strikes, earthquakes, water
damage and/or floods).
5. Disclaimer of Warranties; Limitation of Liability. Except for the warranties
expressed in these Terms and Conditions, Al Muhark Security Services LLC disclaims all other warranties, either
express or implied, including implied warranties of merchantability or fitness for
a particular purpose, other than those warranties implied by and incapable of
exclusion, restriction or modification under applicable law. The term of any
implied warranties that cannot be disclaimed are limited to these Terms and Conditions. Al Muhark Security Services LLC maximum liability to you is exclusively limited to
the purchase price paid by you for products or services..
6. During the Warranty period it is necessary to perform preventative maintenance.
Failing so to do, will render the warranty null and void.
7. Over and above the foregoing, no other warranty / guarantee is given in respect
of the Equipment and warranties / guarantees arising in terms of applicable law or
otherwise are specifically excluded. Without derogating from the generality of the
foregoing, no guarantee is given that the Equipment is fit for the purpose of its
intended use.
8. Warranty Periods
▪ Electronic Products carry a Thirty-six (36) month Warranty from the date of
purchase, subject to the product being serviced and
maintained a minimum of Three (3) times during the course of the warranty by a
Keyless approved agent.
9. Once the aforesaid period of the Equipment concerned has expired, there shall
accordingly, be no further warranty and/or guarantee applicable in respect of such
Equipment, whether arising in terms of applicable law and/or from any other cause whatsoever, and the customer,
purchaser and/or user concerned of such Equipment shall have no recourse
whatsoever against Al Muhark Security Services LLC in respect thereof after the warranty period.
10. In the event of a customer having bound itself to Al Muhark Security Services LLC Conditions of Sale,
the provisions of such standard Conditions of Sale will prevail over the Terms and Conditions
herein contained, as between Al Muhark Security Services LLC and such customer.
29. Privacy Policy
Introduction
Your privacy and trust are among our highest priorities at Keyless. We are committed to protecting your personal data and handling it responsibly and transparently in accordance with the applicable laws of the United Arab Emirates.
This Privacy Policy is intended to explain the data we collect, the reasons for collecting it, how it is processed and handled, and your rights in relation to your personal data, so that you can use our services with confidence and assurance
- Scope and Applicability
This Privacy Policy applies to all users of the Keyless application, website, and related services. - Personal Data We Collect
We may collect personal data necessary to provide our services, including, but not limited to, the following:
. Name.
. Email address.
. Phone number.
. Organization or employer name (where applicable).
. Account details.
. Any information you provide when using the application or contacting us.
We are committed to requesting only the data necessary to provide our services and to continuously improve your experience while using the Application.
3. Purpose of Collection
We collect your personal data to provide a secure and reliable service and enable you to benefit from all the features of Keyless with the best possible user experience, for the following purposes:
. Create and manage your account
. Provide our services efficiently and effectively.
. Communicate with you and provide technical support.
. Improve our services to better meet your needs.
. Respond to your inquiries and requests.
. Compliance with the applicable laws and regulations within the country.
We confirm that your personal data is used solely for these purposes, in a manner that preserves your privacy and maintains your trust.
4. Sharing of Your Personal Data
The privacy of your data is our responsibility; therefore, we do not sell, rent, or use your data for commercial purposes. Your data may only be shared if:
• You have given your consent.
• It is necessary to provide the services you have requested.
We are committed to handling your data in a manner that protects your privacy and enhances your trust in our services.
5. Data Retention
We retain personal data only for as long as necessary to provide our services or comply with legal requirements, after which it will be securely deleted or destroyed in accordance with the approved procedures.
6. Your Rights
We recognize your rights regarding your personal data, and therefore you may at any time:
• Access your personal data.
• Request the update or correction of your data.
• Contact us regarding any inquiry related to your personal data.
We are always pleased to cooperate with you and respond to your requests as promptly as possible.
7. Privacy Policy Update
We may update this policy from time to time to align with regulatory changes or the development of our services, and the updated version will be published through the website or application.
8. Contact Us
For any questions regarding your personal data or this Privacy Policy, please contact us through Keyless official communication channels, and we will be pleased to assist you.
- Governing Law
This Privacy Policy shall be governed by and construed in accordance with the laws of the United Arab Emirates.
Thank you for your trust in Keyless, and we affirm our continued commitment to protecting your personal data and using it responsibly, ensuring you have a safe and reliable experience across all our services.
29. CONTACT USIn order to resolve a complaint regarding the Website or the Marketplace Offerings or to
receive further information regarding use of the Website or the Marketplace Offerings,
please contact us at:
UXE Security Solutions L.L.C
Tunis Street, Al Muhaisnah 2
Dubai 30306
United Arab Emirates
Email: support@keyless.ae