Terms and Conditions

This Agreement was last modified on 18 February 2016.

Please read the Terms of Use Agreement carefully before you start to use the Website. This is a legal agreement (“Agreement”) between you and Khalid Lemar General Trading, Llc, and its head office located at Al Futtim BLD Subkha Arcade, Office No. 5, Deira Dubai, United Arab Emirates, with Company License No. 516719, its branch offices, and its affiliate, (“KLGT”), By accessing www.khalidlemar.com the “Site”, (or by clicking to accept or agree to the Terms of Use, where applicable), you accept and agree to be bound and abide by these Terms and Conditions, our Privacy Policy, and all Terms incorporated by reference which constitute legal agreement that governs your use of the Site. IF YOU DO NOT WANT TO AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.
To use this Site, or accessing any or its web pages, our products, services, or software, including all information and resources provided by us and certain third party content providers, you are bound by these terms and conditions. KLGT offers you access to the Site (and its Services) on your acceptance of these terms unconditionally including your acceptance of our Privacy Policy, and all Terms incorporated by reference, each as amended from time to time, which are part of and incorporated into these khalidlemar.com Terms and Conditions (collectively, the “Terms”) and apply to your use of the Site.
All visitors or users of our Sites or Services either registered or not, are referred to as “you” or”users” of the Services for purposes of this Agreement. If you register for the Services by creating an account, you become a “Member”.Khalid Lemar General Trading, Llc is referred to in these terms and conditions as “we”, “us”, “our” or KLGT.
Regarding your Personal data and other vital information that were collected through this Site or other Social networks, may be stored and processed in Dubai and any other country in which KLGT is located. To know how we treat your personal information, please review our Privacy Statement.KLGT reserves the right to amend these terms and conditions and the privacy policy in its sole discretion from time to time as set out herein, although we may notify you via your registered email with us when major changes are made, nevertheless, you are advised to visit these terms and conditions and our policies periodically, and you agree to be bound by such revisions and modifications. However, if you do not accept and abide by this Agreement, you may not use KLGT Site, its Services, or Products etc. and you must immediately cancel your membership and/or cease accessing and using our Site. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

1. AMENDMENTS:

KLGT reserves the right to amend and update these Terms and Conditions and the Privacy Policy in its sole discretion from time to time as set out herein and any changes will be notified to you via a suitable announcement on the KLGT Site. The changes will apply to the use of the KLGT Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should immediately cease accessing and using the KLGT Site. If you continue to use the KLGT Site after the date on which the change comes into effect, your use of the KLGT Site indicates your agreement to be bound by the new Terms and Conditions. When we change the Agreement, we will update the “Effective date” at the top of this page.

2. ELIGIBILITY:

By accessing or using the Site, Products, or Services, you must agree to the following:

a. To be bound by these Terms of use, but if you do not wish to be bound by any part of these Terms, do not agree to the Terms or access or use KLGT Site or Services.

b. You are not under the age of 13, because this Site does not target and is not meant for children under the age of 13, you must be at least 13 years old to register or use this Site and its Services.Parents and guardians are strongly advised to supervise their children while using the Internet and mobile and other devices.

c. You must maintain only one profile on KLGT Site and are responsible for the safety and confidentiality of your username and password.

d. You are not a competitor of KLGT and are not using our Services for reasons that are in competition with us or other than for its intended purpose;

TAKE NOTE that all personal information or uploaded data provided by you to KLGT at the time of your registration or utilization of our site and services will be treated in accordance with the privacy policy. If requested, you must provide us with a form of identification to verify your identity.

To be eligible to use or access this site, you warrant and represent that all information you provide is accurate and up-to-date and you are above 13 years of age. You also acknowledge that it is your responsibility to notify KLGT of any changes to your personal information by contacting us through contact@khalidlemar.com

3. TERMS OF USE

You must use this Website and our Products and Services only for lawful purposes and subject to your acceptance of these Terms and Conditions and compliance with all applicable local, national and international laws, rules and regulations, including but not limited to any laws regarding the transmission of technical data exported from your country of residence and Dubai. You are also liable for your own communications, transmissions, and for any consequences thereof. There may be temporary interruption or extended downtimes when accessing the Site. You agree not to hold us responsible for that.

You shall not upload, transmit or distribute any content, as well as links, photos, files, that contains viruses, unlawful, fraudulent, defamatory, abusive, harassing, obscene, or is otherwise objectionable as reasonably determined by KLGT.We reserves the right to change or remove, or restrict or block access to, all or any part of the Site which includes but not limited to its features thereof at any time without prior notice.

If you do not agree to the any of our Terms, do not use or purchase the particular features or products to which the additional terms apply or stop using the Site and terminate any related Service account. You may also be subjected to supplementary terms of use from third parties that may apply when you purchase the products or services or use or download their materials or software from third parties through our Site – www.khalidlemar.com

4. USERNAME AND PASSWORDS:

Some activities on our Site as well as Services provided by KLGT may require the users to register with their usernames, passwords and/or valid email addresses, especially when using and posting in our forum and the community support section of KLGT Site.

In such situations, you understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password and must ensure that the details provide by you on registration or at any time are current, accurate information and complete.

KLGT may hold you responsible for any and all activities that occur under your account and we will attribute that use to you and you will be legally bound by it. You are therefore advice not to share your login details with any third party and you must ensure that you exit from your account at the end of each session and take extra caution when accessing your account from a public or shared computer as well as other mobile devices, so that others are not able to view or record your password or other personal information; and

You agree not to impersonate any individual while using the Site and you must notify KLGT immediately if you suspect any unauthorized use of username and password, or access to your account or any other breach of security.

5. ATTENTION ABOUT ACCURACY OF INFORMATION.

We have included on our Site some basic and current information about our products and services; please always contact us for current and updated information in respect of any listed products and services on our site because some information may be outdated, or there may be typographical errors, or omission of contents, or wrong model/brand numbers of products as well as the colours of products. Although we endeavor to ensure that information posted is accurate and current as possible but errors do occasionally occur. You agree not to guarantee the accuracy or rely on any information provided on this Site, they are provided for your convenience only.

6. USERS’ CONDUCT:

You may only use this Site and its Services only for lawful purposes and in a manner consistent with this Agreement and any and all applicable laws. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You understand that you are responsible for maintaining the confidentiality of the username and password of your account, and you are fully responsible for all activities that occur under your username and password.You must not attempt to gain unauthorized access to KLGT Site, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any servers, computers, or databases connected with the Site. You will not provide false, inaccurate or misleading information to KLGT and if the provided information subsequently becomes false, or inaccurate or misleading, you will promptly notify us of such change. You are solely responsible for, and assume all liability regarding the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and will not use any information obtained from this Website in order to contact, advertise to, solicit or sell to any user without their prior explicit consent.

You must not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. You must not use any robot, spider or other automatic devices, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. You must not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not use scripts, bots or other automated technology to access the Site or Services. You must not attack the Site via a denial-of-service attack, or a distributed denial-of-service attack.You must not promote or solicit involvement in or support of a political platform, religion, cult, or sect

If you breach any part of theseTerms and Conditions, you may commit a criminal offence. In the event of such a breach, your right to use the Site will cease immediately. In addition, if we suspect violations of any of these Terms, KLGT may institute legal action against you and will cooperate with the law enforcement authorities in bringing legal proceedings against violators. KLGT reserves the right to install, implement, and operate software, or other solutions developed to assist in monitoring and tracking activities that we consider to be illegal or defilements of these Terms of use; to the extent, such measures are allowed by applicable law.

7. LICENSE TO YOUR CONTENT:

No right title or interest to Your Content is transferred to KLGT by virtue of these Terms, except that by submitting, posting or displaying Your Content in KLGT Services or otherwise providing Your Content to KLGT, You grant KLGT and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable license to reproduce, adapt, modify, translate, publicly perform, publicly display, distribute, process and transfer Your Content through KLGT Services in accordance with these Terms.

“Your Content” means any content, data and information provided through KLGT Materials using the access credentials or otherwise to KLGT Services. KLGT may remove Your Content from KLGT Services if KLGT has any reason to believe that Your Content is illegal, infringing or in some way offensive or otherwise inappropriate.

9. DISCLAIMER OF WARRANTY:

KLGT SITE, SERVICES, THIRD PARTY LINKED SITES, CONTENT, AND THIRD PARTY MATERIALS, INCLUDING WITHOUT LIMITATION, UPDATES AND UPGRADES FOR THE SOFTWARE INSTALLED ON YOUR KLGT DEVICE THAT YOU DOWNLOAD TO YOUR KLGT DEVICE VIA THE SITE, ARE PROVIDED, OR AS AVAILABLE, AND THE ENTIRE RISK AS TO PERFORMANCE, SATISFACTORY QUALITY, AVAILABILITY, ACCURACY, AND SECURITY, EFFORT IS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW. KLGT AND ITS SUPPLIERS MAKE NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

KLGT, ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU THROUGH THIS SITE WILL BE CORRECTED; AND NO WARRANTY THAT KLGT SITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS; AND NO WARRANTY THAT ANY INFORMATION FOUND BY YOU ACCESSING KLGT SITE OR ITS SERVICES WILL BE ACCURATE OR RELIABLE; OR NO WARRANTY THAT KLGT SITE OR ITS SERVICES WILL BE PROVIDED TIMELY, ON AN UNINTERRUPTED, PROTECTED OR ERROR-FREE BASIS

IN NO EVENT SHALL KLGT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, WORMS OR OTHER TECHNICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, MOBILE DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF KLGT SITE OR AS A RESULT OF DOWNLOADING ANY (FREE OR PAID) MATERIAL AVAILABLE ON KLGT SITE, OR ON ANY SITE LINKED TO IT.

AS WELL AS ALL DOWNLOADABLE CONTENTS AND OTHER MATERIALS YOU MAY OBTAIN, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR CONTENT, OR DAMAGE TO YOUR DEVICE THAT RESULTS FROM DOWNLOAD OF ANY MATERIAL. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS IN CONNECTION WITH YOUR ACCESS TO AND USE OF THIS SITE. KLGT DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY FEATURE OR PART THEREOF IS AVAILABLE OR APPROPRIATE FOR USE IN ANY PARTICULAR LOCATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL KLGT OR ANY SUPPLIER BE LIABLE FOR BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT KLGT, OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. NO CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR ITS SERVICES OR THE TERMS OF THIS AGREEMENT MAY BE FILED EXCEPT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

10. LIMITATION OF LIABILITY:

IN NO OCCASION SHALL KLGT OR ITS AGENTS, ITS SUPPLIERS, LICENSEES OR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON H2O’S INTERNET WEBPAGE, EVEN IF KLGT OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

YOU ALSO ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK; KLGT, ITS OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS, WHETHER INDIVIDUALLY OR COLLECTIVELY IS NOT RESPONSIBLE FOR YOUR USE OF OR CONDUCT ON KLGT SITE OR THAT OF ANY OTHER MEMBERS OF THE SITE. KLGT DOES NOT ACCEPT LIABILITY IN ANY CIRCUMSTANCES FOR THE USE OR CONDUCT OF ANY PERSON ON THE SITE; KLGT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY CONTENT CONTAINED ON KLGT SITE OR TRANSMITTED BY OTHER MEMBERS OF THE SITE.


11. INTELLECTUAL PROPERTY RIGHTS:

All intellectual property rights, including the various rights conferred by statute, common law and equity in and in relation to copyright, patents, trademarks, service marks, trade names and/or designs in:
All the Website design, texts and graphics, photos, sounds, videos, software, and their selection and arrangement, and all software compilations, underlying source code and software (including scripts), including KLGT’s Title, Logos and any other trade name or slogan contained in the Services are trademarks or service marks of KLGT are owned by or licensed to Khalid Lemar General Trading, Llc, with Company License No. 516719. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.

None of the material listed above may be reproduced or redistributed or copied, distributed, republished, displayed, downloaded, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without the prior express written permission of KLGT. You may, however, retrieve and display the content of the Site on a computer screen (including any tablet or smartphone device), store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, copy, modify or distribute or use for commercial purposes any of the materials or content on the Site without the express prior written permission of KLGT.

All comments, suggestions, ideas, notes, drawings or concepts in which intellectual property rights subsist which are disclosed or offered to KLGT by you or offered in response to solicitations by KLGT regarding the Site (“Ideas”) shall be deemed to be and shall remain the property of KLGT and you hereby assign all existing present and future intellectual property rights in Ideas, to KLGT. You understand and acknowledge that KLGT has both internal resources and other external resources, which may have developed or may in the future, develop ideas identical to or similar to Ideas and that KLGT is only willing to consider Ideas on these terms. Ownership rights and intellectual property rights in and to content accessed using the Site is the property of the applicable content owner or supplier and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content.

You also agree to respect the intellectual property rights of KLGT and third parties. If you believe that any material available through KLGT Site infringes the copyright of any third party, please notify our copyright agent by using the notice procedure described at Copyright & Intellectual Property.


12. INDEMNITY:

You agree to indemnify, defend, and hold harmless KLGT, its parents, subsidiaries, and related entities, its third-party service providers, and all of their respective owners, officers, directors, employees, legal representatives, agents, successors, assigns, licensors, partners, joint venturers, customers, and any other person or entity involved in the creation, production, and/or distribution of the KLGTsite and apps, from and against any and all claims, damages, liabilities, costs, and/or expenses (including but not limited to reasonable attorneys’ fees and court costs) arising out of any third-party claims, demands, and damage (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) arising out of or in any way related to your use, misuse, or abuse of this website, site’s content, or the Services provided under this Terms & Conditions, the violation of the Terms of Use by you, or the infringement by you.
You agree to indemnify and hold harmless KLGTand its officers, directors, employees, agents, successors, and assigns from any claims, damages, losses, or costs (including reasonable attorney’s fees and court costs) arising from any third-party claim, action, or proceeding alleging that your Submissions, postings, or any content contained in them or KLGT’s use of such material: (a) Violates, infringes, or abuses the copyright or other intellectual property rights or other rights of any third party, (b) Violates any applicable law, principle, or regulation, or (c) Constitutes or contains material that constitutes, libel, defamation, or intrusion of privacy.

You will cooperate as fully as reasonably required in KLGT’s defense of any of the claims detailed above. KLGT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without KLGT’s written consent.


13. APPLICABLE LAW AND JURISDICTION:

Regardless of conflict of laws principles, all matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of Dubai without giving effect to any choice or conflict of law provision or rule (whether you live in North America, Latin America, any part of the United States, Africa, Europe, Australia, or any other region) that would cause the application of the laws of any jurisdiction other than those of the Dubai, the laws of Dubai, U.A.E govern the Terms, the interpretation thereof and claims for the breach as well. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of Dubai, U.A.E. or County of U.A.E, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. If you live in any other region, you and KLGT agree to submit to exclusive jurisdiction in Dubai Court in U.A.E for any and all disputes, claims and actions arising from or in connection with the Service or the Terms. The United Nations Convention on the International Sale of Goods is expressly and excluded from application to the Terms. Any claim or cause of action arising out of or related to the Terms or the use of KLGT Site or its Services must be filed within three (3) months after the cause of action arose or be barred definitely.


14. TERMINATION:

Unless otherwise provided, this Agreement is effective upon your first use of the Services and shall remain in effect until it is terminated in accordance with the terms of this Agreement. You may deactivate or terminate your account or stop using the Site at any time, for any or no reason.

KLGT also reserves the right to suspend, deactivate or terminate your account and your right to use the Site or its Services and may block or prevent your access to and use of its Services at any time if you commit a breach the terms of this Agreement, in KLGT’s discretion. In particular and without limitation, if you breach any or all the terms of use, we may terminate this agreement and your access to the Site or any portion thereof, including any Services at any time, without notice.

15. NOTICES:All notices including legal process to be served on KLGT under these terms and conditions must be in writing and may be emailed to contact@khalidlemar.comor support@khalidlemar.com. Whereas KLGT may give you all notice that KLGT is required to give by any lawful method, including by posting the notice on the Site or by sending it to any email or mailing address that you provide to KLGT. You agree to keep your email and mailing addresses current and to check your inbox and junk messages, or check for notices posted on ourSite. You agree to send to send notices to our email addresses or the following addresses.

Khalid Lemar General Trading Llc,
Al Futtim BLD Subkha Arcade,
Office No. 5, Deira Dubai,
United Arab Emirates.
(Or send a copy to)

Khalid Lemar Co. Ltd,
Gulbahar Center,
Office No. D100 & D128, Kabul,
Afghanistan,


16. WAIVER:

No waiver by KLGT of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by KLGT. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.


17. RELATIONSHIP OF THE PARTIES:

The agreement does not create a partnership, joint venture or relationship of principal and agent between you and KLGT.


18. FORCE MAJEURE

KLGT shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of KLGT including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

19. SUPPORT

For questions, comments, feedbacks or queries about these Terms and Conditions, please contact us at support@khalidlemar.com

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