TERMS AND CONDITIONS

MANGAYA WEBSITE TERMS & CONDITIONS

Welcome to our Site. Please read the following Website Terms and Conditions carefully (including our Privacy Policy) (collectively "Website Conditions") before accessing this Site, using the Services or ordering Products (all defined below), so that you are aware of your legal rights and obligations with respect to Mangaya, and its related entities, affiliates and subsidiaries (individually and collectively, "Mangaya").
By accessing this Site, using the Services, or ordering Products, you hereby agree to be legally bound by these Website Conditions. If you do not accept these Website Conditions, please leave the Site and discontinue use of the Services immediately, and do not order any Products via the Site.

1.
Agreement

1.1
You hereby represent and warrant that:

1.1.1
you have read and agree to these Website Conditions and our Privacy Policy;
1.1.2
you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website Conditions;
1.1.3
you are authorised to bind the entity (yourself or your company) on whose behalf you are accessing this Site, using the Services or ordering Products and such entity agrees to be bound by these Website Conditions; and
1.1.4
all of the information provided by you to Mangaya (including without limitation personal particulars and contact information) is accurate and complete.

1.2
Mangaya reserves the right to change, modify, suspend or discontinue the whole or any portion of the Site, Services or Products at any time. Mangaya may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
1.3
Mangaya may from time to time vary or amend these Website Conditions by posting the amended Website Conditions at this Site. Any use of the Services after the amendment of these Website Conditions will be deemed to be acceptance of the amended Website Conditions by you. If you do not agree to the amended Website Conditions, you have the right to close your Account and/or cease using the Services.

2.
Definitions

2.1
In this Agreement, the following definitions shall apply unless the context does not permit such application:
"Account" means a registered account of a Member opened under this Site.
"Agreement" means the agreement formed by these Website Conditions and the Privacy Policy, and in the case of a Member, by these Website Conditions, the Privacy Policy and the Membership Conditions.
"Mangaya" is defined in the opening paragraph of these Terms & Conditions.
"Mangaya Content" means all Content of Mangaya that is made available on or via this Site.
"Computer" means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
"Content" means book listings, book descriptions & reviews, materials, information, advertisements, text, audio, video, pictures, graphics, blogs, webcasts, podcasts, broadcasts, messages, comments, suggestions, ideas and other content.
"Linked Sites" is defined in Clause 8.1.
"Member" means a registered member of the Site.
"Membership Conditions" means the terms and conditions applicable to Members accessible here.
"Products" means books and other products available for purchase at the Site.
"Servers" means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
"Services" is defined in Clause 3.2.
"Site" means the Mangaya website containing the link to these Terms & Conditions.
"Third Party Products" means products and services of third parties advertised on or available at the Site or websites linked from the Site.
"User Content" means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.
2.2
The words "include" and "including" shall not be construed as having any limiting effect.

3.
Site and Services

3.1
The Site is owned and maintained by Mangaya.
3.2
Mangaya may offer one or more of the following services on or through the Site (each a "Service" and collectively the "Services"):

3.2.1
online ordering of Products;
3.2.2
access to Content;
3.2.3
search engines or tools;
3.2.4
a platform to create, upload and publicly make available customer reviews and other content;
3.2.5
any other features, content or applications that Mangaya may offer at the Site from time to time in its sole and absolute discretion.

3.3
You acknowledge and agree that to order Products and to access and use certain Services, you will be required to register as a Member and additionally shall be bound to strictly comply with the Membership Conditions and other conditions accessible therein, in addition to these Website Conditions.
3.4
From time to time Mangaya will run competitions, promotions and surveys at the Site. These are subject to additional terms and conditions that will be made available at the time they are run.

4.
Content Use Conditions

4.1
You may not reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes, any portion of, or any access to:

4.1.1
any Service;
4.1.2
the Site;
4.1.3
any Mangaya Content except with the prior written consent of Mangaya or unless expressly permitted in these Website Conditions; or
4.1.4
any User Content except with the prior written consent of Mangaya and the owner of the specific User Content, unless you are the sole owner of the specific User Content.

4.2
Without prejudice to the generality of Clause 4.1, you agree not to reproduce, display or otherwise provide access to the Services, Mangaya Content, or User Content on another website or server, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of Mangaya.
4.3
You may for your personal, non-commercial use:

4.3.1
retrieve and display Mangaya Content on any compatible device owned by you;
4.3.2
print a single copy of individual articles on paper (but not photocopy them); and;
4.3.3
store such articles in electronic form on disk or on a mobile device owned by you (but not on any server or other storage device connected to a network).

4.4
All Mangaya Content are the copyrighted work of Mangaya or its content or software providers, and Mangaya reserves and retains all rights in the Mangaya Content. Use of some Mangaya Content may be governed by the terms of an accompanying end user license agreement.
4.5
You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Mangaya Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or Mangaya in writing.

5.
Intellectual Property

5.1
The copyright, patents, trade marks, registered designs and all intellectual property rights in the Services, the Site, and all Mangaya Content, including without limitation the copyright in the compilation of all User Content, shall vest in and remain with Mangaya.
5.2
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Mangaya or other third parties, and all rights to the Marks are expressly reserved by Mangaya or relevant third parties. You are not permitted to use any Marks without the prior written consent of Mangaya or such third party. Mangaya and its subsidiaries aggressively enforce their intellectual property rights to the fullest extent of the law. The name of Mangaya or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Mangaya.
5.3
The domain name on which the Site is hosted on is the sole property of Mangaya and you may not use or otherwise adopt a similar name for your own use.
5.4
If you have any questions or concerns about these Website Conditions or any issues raised in these Website Conditions or on the Site, please email us at info@mangayauae.com

6.
Online Conduct

6.1
You hereby undertake:

6.1.1
to comply with these Website Conditions, and such other notices or guidelines that may be posted on the Site by Mangaya from time to time (which are hereby incorporated by reference into these Website Conditions);
6.1.2
not to use any Service, Product or Mangaya Content for any unlawful purpose, and shall comply with all applicable laws and regulations, including without limitation, copyright law;
6.1.3
not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming; and
6.1.4
not to use the Account of another Member at any time, whether with or without his/her permission.

7.
Disclaimers & Limitations

7.1
While we make every effort to ensure that all Mangaya Content displayed on the Site is accurate and complete, we provide the Mangaya Content for informative purposes and on an 'as is', 'as available' basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Mangaya disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, Mangaya does not warrant that the functions contained in or access to the Site, Services, Mangaya Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, Mangaya Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any Mangaya Content in or with any Computer will not affect the functionality or performance of the Computer. Mangaya does not warrant or make any representations regarding the use or the results of the use of the Mangaya Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not Mangaya) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold Mangaya liable for the loss of any of your User Content that is due to any circumstances beyond the reasonable control of Mangaya.
7.2
The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. Any arrangement made between you and a third party named on or linked to from these pages is at your sole risk and responsibility. Mangaya does not sponsor, endorse or promote any financial products, services or information.
7.3
You acknowledge that it is not Mangaya's policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that Mangaya does not endorse and shall not be responsible for any such content.
7.4
You acknowledge and agree that Mangaya does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over Third Party Products, and Mangaya hereby expressly disclaims all liabilities and responsibilities arising in relation to any Third Party Products whether available or advertised via the Site or on Linked Sites.
7.5
You agree that all statements, offers, information, opinions, materials, User Content, and Third Party Products, from other users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at your own risk, and Mangaya shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance.
7.6
You also acknowledge and agree that some Services may enable other users to upload User Content to the Site, and that some of these may be offensive, annoying, unlawful, in breach of these Website Conditions, contain viruses or cause you damage. While we will remove any such User Content brought to our notice, you acknowledge and agree that we cannot be responsible or liable for any User Content, and you agree to exercise access and use User Content only at your own risk and with care and discretion.
7.7
You agree that:

7.7.1
Mangaya shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site, Services or Products without assigning any reason; and
7.7.2
access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,
and in any such event, Mangaya shall not be liable for any loss, liability or damage which may be incurred as a result.

7.8
Under no circumstances, including, but not limited to, negligence, shall Mangaya be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the Mangaya Content, Services, Products, Third Party Products, Site, or any other website, even if Mangaya or a Mangaya authorised representative has been advised of, or should have foreseen, the possibility of such damages.
7.9
You agree that the above exclusions and limitations of liability enable the Services and the Mangaya Content to be provided by Mangaya at either reasonable costs or no costs to you.

8.
Linked Sites

8.1
Mangaya may provide links to other sites ("Linked Sites") that may be of relevance and interest to users. Mangaya has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.

9.
Data Use & Privacy

9.1
Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

10.
Termination

10.1
You agree that Mangaya has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your Account and/or your access to all or any part of the Site or Services, without assigning any reason.

11.
Notification of Infringement

11.1
Mangaya reserves the right to investigate notices of copyright, trademark and other intellectual property infringement ("Infringement") in respect of Mangaya Content, User Content and other material on the Site ("Infringing Material") and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify Mangaya in writing immediately in the form and containing the information prescribed by the Federal Law No.40 of 1992 (Protection of Intellectual Works and Copyright) ("Infringement Notice").
11.2
All Infringement Notices shall be sent to Mangaya addressed as follows:
Mangaya
Contact No: +971 4252 5008

Email: info@mangayauae.com

11.3
Mangaya will in response to all Infringement Notices submitted in the above manner remove the Infringing Material from the Site. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against Mangaya in respect of any Infringing Material, unless you have first given Mangaya the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter Mangaya refuses or fails to remove the Infringing Material within a reasonable time. Where Mangaya removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Mangaya under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by Mangaya.
11.4
You acknowledge and agree that Mangaya has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.

12.
Jurisdictional Issues

12.1
This Site is owned and operated by Mangaya in United Arab Emirates. Mangaya makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13.
Indemnity

13.1
You agree to indemnify and hold Mangaya, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

13.1.1
any use of the Site or any Service;
13.1.2
your connection to the Site;
13.1.3
your breach of any terms and conditions of these Website Conditions;
13.1.4
your violation of any rights of another person or entity; or
13.1.5
your breach of any statutory requirement, duty or law.

14.
Severability

14.1
If any provision of these Website Conditions is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website Conditions shall continue in force save that such provision shall be deemed to be deleted.

15.
Relationship of Parties

15.1
Nothing in these Website Conditions shall constitute or be deemed to constitute an agency, partnership or joint venture between Mangaya and you and neither party shall have any authority to bind the other in any way.

16.
Waiver

16.1
No waiver of any rights or remedies by Mangaya shall be effective unless made in writing and signed by an authorised representative of Mangaya.
16.2
A failure by Mangaya to exercise or enforce any rights conferred upon it by these Website Conditions shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

17.
Rights of Third Parties

17.1
Except as provided for in Clause 13, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

18.
Force Majeure

18.1
No party shall be liable for any failure to perform its obligations under this Agreement if the failure results from a Force Majeure Event (defined below), provided always that whenever possible, the affected party will resume that obligation as soon as the Force Majeure Event occasioning the failure ceases or abates.
18.2
For purposes of this Agreement, a "Force Majeure Event" is an event which is a circumstance or event beyond the reasonable control of a party which affects the general public in that party's country or in the territory, and which results in the party being unable to observe or perform on time an obligation under this Agreement. Such circumstance or event shall include industrial action or labour disputes, civil unrest, war or threat of war, criminal or terrorist acts, government action or regulation, telecommunication or utility failures, power outages, fire, explosion, natural physical disasters, epidemic, quarantine restrictions, and general failure of public transport.

19.
Governing Law & Jurisdiction

19.1
These Website Conditions and all matters relating to your access to, or use of, this Site and the Services shall be governed by and construed in accordance with the laws of United Arab Emirates including without limitation the provisions of the Federal Law No.10 of 1992 (Evidence in Civil and Commercial Transaction) and the Federal Law No.1 of 2006 (Electronic Transaction and Commerce), without giving effect to any principles of conflicts of law.
19.2
You hereby agree to submit to the non-exclusive jurisdiction of the United Arab Emirates courts.

Mangaya ONLINE STORE TERMS ‌& CONDITIONS OF SALE

1.
Definitions

1.1
In these Conditions, the following terms shall have the respective meanings specified below unless the context otherwise requires:
"Mangaya" means Mangaya Establishment.
"Buyer" means the person or legal entity identified in the Order as the purchaser of the Products.
"Card" means one of the following credit cards or debit cards: VISA and MasterCard.
"Card Company" means the applicable payment and Card processing entity for the relevant Card.
"Conditions" means these Terms and Conditions.
"Contract" means a contract for sale between Mangaya and the Buyer of the Products formed in accordance with Clause 3.4.
"Defective Product" is defined in Clause 6.2.
"Force Majeure Event" means any event or circumstance the occurrence and the effect of which Mangaya could not reasonably prevent or avoid including:

(i)
explosion, fire, flood, war, earthquake, storm or other natural disasters;
(ii)
war, declared or undeclared, sabotage, insurrection, terrorist or criminal acts, riot or civil disturbance;
(iii)
import or export regulations or embargo or requisition restrictions regulations bye-laws prohibition or any acts or measures or any intervention of any governmental or regulatory authority;
(iv)
epidemic, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority;
(v)
strike, lock-out, work stoppage or other industrial action or trade dispute (whether involving employees of Mangaya or any other person); and
(vi)
any default act or omission on the part of Mangaya's suppliers or sub-contractors.

"Mangaya" means Mangaya Establishment (Dubai Branch).
"Online Store" means the Mangaya online store currently accessible at https://mangaya-uae.com/.
"Order" means an online order placed via the Online Store by a Buyer with Mangaya for the Products in accordance with these Conditions.
"Parties" means Mangaya and the Buyer and "Party" means any one of them.
"Product" means a product or service listed at the Online Store for which Mangaya invites Orders in accordance with these Conditions.
"Product Warranty" is defined in Clause 9.
"Substitute Product" is defined in Clause 5.4.
"Third Party Product" means a Product which is not a Mangaya branded Product.
1.2
Words using the singular or plural number also include the plural or singular number.
1.3
Any reference to a "person" or "entity" includes a reference to an individual, a sole-proprietor, a partnership, an unincorporated association and a company.
1.4
Any reference to a "Clause" is to a clause of these Conditions.
1.5
The headings in these Conditions are inserted for convenience only and shall be ignored in construing these Conditions.
1.6
A reference to the word "include" or "including" shall not be construed as having any limiting effect.

2.
Application and effect

2.1
These Conditions shall govern the sale of the Products listed at the Online Store by Mangaya to the Buyer, save where Buyer has signed a separate purchase agreement with Mangaya, in which case the terms and conditions of the separate agreement shall govern.
2.2
By ordering the Products and/or accepting delivery of the Products described on the Invoice, the Buyer agrees to be bound by and accepts these Conditions.

3.
Orders, price and payment

3.1
Mangaya will only process Orders for delivery in United Arab Emirates and GCC countries.
3.2
Buyer shall indicate the Products it wishes to order and the quantity required, at the price specified by Mangaya at the Online Store, by placing a Order on the designated online form at the Online Store and providing to Mangaya all necessary information as may be required by Mangaya at the Online Store.
3.3
All Orders made by the Buyer for one or more Product(s) shall be deemed to be an offer made by the Buyer to purchase such Product(s) upon the terms of these Conditions and for the selected Products and quantities set out in the Order. All Orders shall be subject to acceptance by Mangaya.
3.4
Mangaya may accept an Order by:

3.4.1
contacting the Buyer by telephone, email or other mode of communication within a reasonable time after Buyer has made the Order, to accept and confirm the price, quantity, and delivery date and time of the Product(s) ordered by the Buyer; or
3.4.2
delivering the Product(s) ordered to the Buyer,
and upon such acceptance, a binding Contract shall be formed upon the terms set out in these Conditions, the terms of the accepted Order (excluding any terms which are not accepted by Mangaya), and such other terms and conditions as Mangaya may impose as a condition of its acceptance. For the avoidance of doubt, no Contract shall come into existence unless and until the Order has been accepted by Mangaya in the manner set out in this Clause 3.3. Processing of Card payment for an Order shall not in itself constitute acceptance of the Order by Mangaya, provided that where an Order is rejected by Mangaya, any payment made for such Order shall be reversed or refunded by Mangaya.

3.5
Mangaya shall be entitled to:

3.5.1
decline to accept or reject the Buyer's Order in whole or in part without assigning any reason; or
3.5.2
delay or defer delivery of any Order in whole or in part due to Product unavailability, low inventory levels, or for any other reason.

3.6
Mangaya shall not be liable for any errors in the pricing or specification of Products ordered by the Buyer that may appear at the Online Store. The price to be paid by the Buyer for all Products shall be Mangaya's current selling price on the date of receipt by Mangaya of the Order, which may or may not be correctly reflected at the Online Store.
3.7
Unless otherwise agreed by Mangaya in writing, payment for the Products shall be made by the Buyer in full by Buyer's valid Card before physical delivery of Products.
3.8
The Buyer warrants that it is ordering Products for its own use only and not for re-sale or export purposes.
3.9
The Buyer shall bear all shipping and handling charges (where applicable), as well as all applicable taxes (including but not limited to Goods and Services Tax) at the prevailing rates.
3.10
All Card payments are subject to the approval of the Card Company and the relevant paying bank. Mangaya shall not be liable in any way if the Card Company or the paying bank refuses to process or accept any Card or Card particulars for any reason.
3.11
The Buyer agrees to submit to Mangaya and its payment service provider such Card information and other personal and delivery information as may be reasonably requested by Mangaya or its payment service provider to process the Order, payment for the Order, and to arrange for delivery and invoicing. All information submitted shall be subject to Mangaya's Privacy Policy. Mangaya shall require its payment service provider to keep such information confidential and not use the same for any purpose other than to carry out its services, provided Buyer agrees that Mangaya shall not be liable for any loss, damage, or liability in the event of any unauthorised disclosure of such information by its payment service provider.
3.12
Mangaya reserves the right to exercise its lawful remedies if a dispute or issue arises over Card payments, or if it does not receive full payment for an Order. In particular, but without limitation to any other remedies, if the Card Company or the paying bank rejects or reverses payment for an Order, Mangaya may in its discretion:

3.12.1
reject such Order, or suspend or cancel delivery of such Order;
3.12.2
repossess the Products if delivered; or
3.12.3
claim against the Buyer for the full price of the Order as a debt.

3.13
Mangaya shall be entitled to set-off and deduct from any refund due to the Buyer all sums owed by the Buyer to Mangaya under any and all Contracts and other agreements.

4.
Title and risk

4.1
Risk in the Products shall pass to the Buyer upon delivery of the Products to Buyer.
4.2
Title in the Products shall not pass to Buyer until receipt by Mangaya of full and final payment for the Products.

5.
Order delivery and cancellation

5.1
The Buyer shall designate in the Order the Buyer's preferred delivery / collection options, and where the delivery option is selected, the place of delivery of the Products.
5.2
Subject always to Mangaya acceptance of the Order,

5.2.1
Where the delivery option is selected:

(i)
Mangaya shall deliver the Products to such place of delivery as may be designated by the Buyer and agreed to by Mangaya. If no one is available at the delivery address to receive the Products, Mangaya's delivery agent will leave an "unable to deliver" card at the address and the Buyer should follow the directions on that card to obtain delivery of the Products.
(ii)
The Buyer shall bear and pay to Mangaya:

(a)
the delivery and shipment charges set out at the Online Store for all Orders;
(b)
the delivery, shipment and administrative costs of any delivery of Product(s) which is rejected by the Buyer, where such rejection is not made pursuant to an express right of the Buyer under these Conditions.

5.3
Any shipment, delivery or collection dates provided by Mangaya are estimates only and shall not form part of the Contract. Mangaya shall not be liable for any loss, damage, cost or expense for any failure to meet any given shipment, delivery or collection date, howsoever caused. If Buyer's Order has not been delivered within a reasonable time, the Buyer should contact Mangaya at: info@mangayauae.com
5.4
Mangaya reserves the right from time to time, without liability or prior notice, to withdraw or cease to make available any or all Products from the Online Store, or to:

5.4.1
change its prices or specifications of any Product; or:
5.4.2
deliver a Product which has similar functionality as any Product ordered with minor differences in specifications,

(each a "Substitute Product"). The Buyer shall be deemed to have accepted such changes and differences if the Buyer accepts delivery of a Substitute Product.
5.5
All sales are final; no returns, refunds, or exchanges will be accepted for any purchase.
5.6
The Buyer acknowledges that Mangaya's liability to deliver the Products to the Buyer pursuant to the Contract is subject to the availability of the Products from Mangaya's usual sources of supply. The Buyer further acknowledges that Mangaya retains absolute discretion as to the order of priorities in which any Products are delivered to Mangaya's customers.
5.7
Mangaya may deliver the Products by instalments. Each separate instalment shall be regarded as a separate Contract, and invoiced and paid for in accordance with these Conditions.
5.8
Mangaya reserves the right to make only partial delivery of an Order.

6.
Acceptance of Products

6.1
Unless the Buyer notifies Mangaya in writing to the contrary within two (2) days of the date of delivery, the Products shall be deemed to have been accepted by the Buyer as being in good condition and in accordance with the Contract.
6.2
A Product shall only be eligible for replacement if upon delivery:

6.2.1
it fails to function or operate;
6.2.2
it is damaged; or
6.2.3
the Product supplied is not the Product specified in the Order or a Substitute Product, (such Product being a "Defective Product").

6.3
The Buyer must report any Defective Product to Mangaya by contacting:
Email address: info@mangayauae.com
within two (2) days of its delivery, failing which the Buyer shall not be entitled to a replacement Product.
6.4
If Mangaya considers the Product to be a Defective Product, Mangaya will contact the Buyer with the procedure for return and replacement. The Buyer must produce the tax receipt together with the Defective Product in its original delivered condition and packaging.
6.5
Mangaya reserves the right to refuse any return or replacement of a Defective Product if:

6.5.1
The Buyer is unable to produce the Product details or tax receipt;
6.5.2
The Defective Product is a Third Party Product and Mangaya is not authorised by the supplier to process returns or replacements; or
6.5.3
The defect is the result of:

(i)
improper use or mismanagement by Buyer;
(ii)
operation of the Product other than in accordance with the operating manual or instructions;
(iii)
use of the Product in a manner not reasonably contemplated by Mangaya;
(iv)
modification of the Product not authorised by Mangaya;
(v)
use of consumables, parts, or peripherals which are not original, in conjunction with the Product;
(vi)
subjection of the Product to unusual or unrecommended physical, environmental or electrical stress;
(vii)
use of Product by a person other than Buyer; or
(viii)
Buyer's failure to comply with any terms of these Conditions.

7.
Returns and Refunds

7.1
Returns
Only Defective Product is eligible for return and replacement. See Clause 6 for further details.
7.2
Refunds
Refund policy is set out in Clause 5.6

8.
Controls and restrictions

8.1
Certain countries impose censorship, customs, import, export and/or other regulatory requirements and restrictions on Products. The Buyer shall be responsible for ensuring that all Products in the Order are and will be compliant with such requirements at its own costs. Mangaya shall not be liable for any non-delivery or delay in delivery of any Product which fails to meet such requirements or which is intercepted by any government or regulatory authorities.

9.
Software

9.1
All rights, title and interests in and to any software installed in the Products shall remain with Mangaya or the applicable licensor(s), as applicable. All software provided is subject to the terms and conditions of the license agreement relating to that software. Warranties (if any) for any software are restricted to those contained in the licence agreement. The Buyer acknowledges that Mangaya makes no warranties for any software under these Conditions.

10.
No Warranties

10.1
Mangaya makes no warranty in respect of any Mangaya Product, express or implied, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose. Mangaya's sole liability for any defects in any Mangaya Product is set out in Clause 6.
10.2
Mangaya makes no warranties in respect of any Third Party Products, and all warranties express or implied in respect of Third Party Products, including any implied warranties of merchantability, satisfactory quality, compliance with description and fitness for a particular purpose, are hereby excluded. Third Party Products including software, hardware, peripherals and accessories are covered by the warranties (if any) provided by the original manufacturer, licensor or publisher only.

11.
Exclusion & limitation of liability

11.1
In no event shall Mangaya be liable to the Buyer or any third party for any indirect, special, consequential, exemplary or punitive loss or damage for any breach of these Conditions, including but not limited to loss of profits, loss of business or goodwill, loss of use, or any claim by any third party, even if Mangaya has been advised of the possibility of such loss or damage.
11.2
If any service (including but not limited to installation of any Product) is performed by any third party, Mangaya shall not be liable for any act, neglect, omission or wilful default of such third party, regardless of whether such third party is authorised by Mangaya.
11.3
The total liability of Mangaya to the Buyer for any and all claims whether by the Buyer or by any other person and howsoever arising in connection with or arising out of the sale, supply, delivery possession, replacement or use of a Product or resulting from the breach of the Contract and/or these Conditions by Mangaya shall not in any event exceed the price of the Product giving rise to such claims.
11.4
Nothing in these Conditions shall limit or exclude Mangaya's liability for death or personal injury caused by Mangaya's negligence.

12.
Force majeure

12.1
Mangaya shall not be liable for or be deemed to be in breach of the Contract and/or these Conditions by reason of any failure in performing any of its obligations under the Contract and/or these Conditions during any period in which performance is delayed by any Force Majeure Event.
12.2
Mangaya shall notify the Buyer of any delay or failure arising through any Force Majeure Event and provide a revised delivery date as soon as practicable. The Buyer shall not terminate the Contract by reason of any such delay or failure.
12.3
In the event that any Force Majeure Event results in a shortage of Products, Mangaya shall be entitled to allocate its available stock of the Products among its customers in such a manner as Mangaya may consider equitable and may make partial deliveries of any Products to the Buyer.

13.
Amendment

13.1
Mangaya reserves the right to change these Conditions without prior written notice at any time, at Mangaya's sole discretion, by posting a copy of the amended Conditions at the Online Store.
13.2
Any attempt to modify, supplement or amend these Conditions by the Buyer will be null and void, unless expressly agreed to in writing by Mangaya.

14.
Complete Contract

14.1
The Contract and these Conditions represent the entire understanding between Mangaya and the Buyer concerning the sale and supply of the Products, and shall form the exclusive statement of all the matters covered by the Contract and these Conditions. Any and all previous course of dealings, written or oral understandings, discussions, representations, correspondence and communications between the Parties relating to the matters covered by the Contract and/or these Conditions are hereby superseded.
14.2
Any term or condition of the Buyer's Order which is any way inconsistent with or in addition to these Conditions shall not be applicable or binding on Mangaya, unless otherwise agreed in a written agreement signed by Buyer and Mangaya, and any failure by Mangaya to object shall not be considered a waiver of these Conditions.

15.
Assignment

15.1
The Buyer shall not assign or otherwise transfer the Contract or any of its rights and obligations hereunder, whether in whole or in part without the prior written consent of Mangaya. Any such unauthorised assignment shall be deemed null and void.

16.
No waiver

16.1
No failure on the part of Mangaya to exercise, and no delay on its part in exercising, any right or remedy under the Contract will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy.

17.
Illegality

17.1
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provisions in question shall not be affected thereby.

18.
Rights of Third Parties

18.1
A person or entity who is not a Party to the Contract shall have no right under the Contracts Law (Rights of Third Parties) to enforce any term of the Contract, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of the Contract.

19.
Governing Law and Jurisdiction

19.1
These Conditions shall be construed in accordance with, and governed by, the laws of the United Arab Emirates including without limitation the provisions of the Federal Law No.10 of 1992 (Evidence in Civil and Commercial Transaction) and the Federal Law No.1 of 2006 (Electronic Transaction and Commerce), without giving effect to any principles of conflicts of law.
19.2
The Parties hereby submit to the non-exclusive jurisdiction of the U.A.E. courts.

20.
Acceptance

19.1
Please click on the "Accept" button to indicate your acceptance of these Conditions, or the "Decline" button to discontinue the registration process.

Mangaya ONLINE MEMBERSHIP TERMS & CONDITIONS

By clicking on the "Accept" button or checking the "Accept" box at the end of this Account registration process, you hereby agree to be bound by these Online Membership Terms and Conditions ("Membership Conditions") as well as the Mangaya Website Terms And Conditions (including our Privacy Policy) (collectively "Website Conditions") which are hereby incorporated by reference into these Membership Conditions:

1.
Definitions

1.1
All defined terms in the Website Conditions, apply to these Membership Conditions unless specifically defined in these Membership Conditions.

2.
User ID, Password, Account Information

2.1
You agree that your Account is for your sole, personal use (or that of the entity on whose behalf you are entering into these Membership Conditions). You hereby agree not to:

2.1.1
share with or permit others to use your Account; or
2.1.2
assign or otherwise transfer your Account to any other person or entity.

2.2
You shall provide Mangaya with accurate, complete, and up-to-date Account information. Failure to do so shall constitute a breach of these Membership Conditions, which may result in the restriction, suspension or immediate termination of your Account.
2.3
As part of the registration process for the Account, you will select a password ("Password") and e-mail address ("User ID"). You may not:

2.3.1
select or use a User ID of another person with the intent to impersonate that person;
2.3.2
use a name subject to the rights of any other person without authorisation; or
2.3.3
use a User ID that Mangaya, in its sole discretion, deems inappropriate, offensive or illegal.

2.4
You shall promptly notify Mangaya of any known or suspected unauthorised use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Password. You shall be solely responsible for safeguarding and maintaining the confidentiality of your User ID and Password.
2.5
Whilst we have adopted all possible security measures to protect your personal data against accidental loss or unlawful destruction, alteration, unauthorized disclosure or access, however, for your protection of your personal data, it is advisable that your computer, laptop or tablet be provided with software devices that protect network data transmission/receipt (such as updated antivirus systems) and that your internet service provider take appropriate measures for the security of network data transmission (such as, for examples, firewalls and anti-spam filtering).
2.6
You shall be bound by and responsible for, and Mangaya shall be entitled to rely on, all communications transmitted through the use of your User ID and Password, and all such communications shall be deemed to be communications made and issued by you.
2.7
You shall be responsible for all User Content, messages, and all online activity at the Site transmitted or conducted through the use of your User ID and Password.
2.8
Mangaya shall have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful, unauthorised or fraudulent use of your User ID and Password.
2.9
You undertake to keep your Account information updated at all times such that it is accurate, current and complete. To change or update your Account information, please click the Your Account under Your Page located on the upper right side of most pages on this Site.
2.10
You agree that Mangaya reserves the right to change or re-assign User IDs and/or Password(s) at its sole discretion by giving you notice. Mangaya shall not be liable for any loss, damage, cost or expense incurred by you as a result of such change or re-assignment.

3.
Use of Account Information

3.1
By providing the information requested for your Account, you hereby consent to Mangaya's use and disclosure of all such information for the purposes set out in our Privacy Policy.

4.
Suspension and Termination of Account

4.1
You agree that Mangaya has the right in its sole and absolute discretion and without notice to:

4.1.1
restrict, suspend, or terminate your access to all or any part of the Services; and/or
4.1.2
terminate, deactivate or suspend your Account, delete your Account and all related information and files in your Account,

without assigning any reason. Without prejudice to the generality of the above, Mangaya reserves the right to deactivate your Account if it has been inactive for a period of six (6) months or more, or if you are in breach of any of our Website Conditions or these Membership Conditions or if Mangaya believes that you have been using the Account for unlawful and/or undesirable activities.
4.2
You agree not to hold Mangaya liable or responsible for any loss or damage incurred by you arising out of or in connection with the suspension and/or termination of your Account.

5.
Member Obligations

5.1
You represent and warrant that you have read and agree to be bound by our Website Conditions and these Membership Conditions.
5.2
You acknowledge that the Site and Services are used by a community of users, and you hereby agree and undertake:

5.2.1
to treat all users with respect and civility;
5.2.2
not to annoy, pester, solicit, harass, threaten, offend, insult, abuse, defame, or injure any other users, or commit any unlawful or tortious acts against other users;
5.2.3
not to spam, mail bomb, send viruses, spyware, malware, worms or other damaging material to other users, or act in any manner that adversely affects the use of the Services by other users;
5.2.4
not to harvest or otherwise collect information about users, including email addresses, without Mangaya's prior written consent.

5.3
Any infringing, fraudulent, abusive, or otherwise illegal activity, or any breach of the Website Conditions or these Membership Conditions, shall be grounds for termination of your use of the Site and Services and/or your Account, at Mangaya's sole and absolute discretion, and you may be reported to appropriate law-enforcement agencies.
5.4
Without prejudice to Mangaya's rights of restriction, suspension and termination under Clause 4, Mangaya reserves the right to terminate your Account and/or your access to all or any part of the Site or Services if you are in breach of any of these Membership Conditions or the Website Conditions or if Mangaya believes that you have been using the Site or any of the Services for unlawful and/or undesirable activities.
5.5
You agree to indemnify and hold Mangaya, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

5.5.1
any User Content placed by you;
5.5.2
your use of any Services;
5.5.3
your breach of warranty, or breach of any terms and conditions of these Membership Conditions; or
5.5.4
your misrepresentation, fraudulent acts, tortious acts, breach of contract, or violation of any rights of another person or entity.

6.
User Content & Licence

6.1
Please exercise respect when participating in any community feature on the Services which permits you to upload or submit User Content.
6.2
You may not submit, upload or publish on the Site or through Mangaya:

6.2.1
any User Content that is inaccurate, misleading, libellous, defamatory, threatening, pornographic, an invasion of privacy, obscene, indecent, lewd, crude, abusive, improper, illegal, political, racist, religious, blasphemous, offensive, false, misleading, an infringement of any intellectual property or other rights of a third party, or would otherwise violate or encourage the violation of any law or the proprietary or other rights of any third party;
6.2.2
any User Content that solicits funds, or includes programs that contain viruses, Trojan horses, worms, time bombs or any other programs designed to impair the operation and functionality of the Site, Services, Servers, or any computer; or
6.2.3
without the relevant third party owners' permission, any links to third party websites or use any third party trade marks, (individually and collectively "Improper Works").

6.3
If, at any time you upload or post User Content to the Site you automatically:

6.3.1
grant Mangaya, its affiliates, subsidiaries and subcontractors (including its Internet content hosting servers and delivery networks) a non-exclusive, royalty-free, irrevocable, perpetual and worldwide licence to use (including without limitation, to store, reproduce, modify, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, or broadcast) and to sub-licence the User Content whether or not in connection with the provision of the Services and/or on or via the Site, other websites, and other printed and online publications and newspapers;
6.3.2
represent and warrant that:

(i)
all User Content are your own original works and creations and do not and will not infringe the copyright or any other intellectual property or other rights of any third party;
(ii)
none of the User Content are proprietary or confidential;
(iii)
none of the User Content are Improper Works, nor will they expose Mangaya to any civil or criminal proceedings in any part of the world; and
(iv)
the use by Mangaya and other users for the purposes and in the manner set out in this Clause 6.3, and the hosting of the User Content on the Servers by Mangaya will not require any further licences from, or infringe any intellectual property or other rights of, any third party.

6.4
Mangaya at all times retains the sole discretion to remove or decline to accept any User Content from the Site without assigning any reason whatsoever. Without limiting the foregoing right, Mangaya may monitor the Site for Improper Works (but is not obliged to do so) and reserves the right to remove any User Content which Mangaya believes are Improper Works, or which is the subject of any dispute.
6.5
You agree to indemnify and hold Mangaya, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of any User Content or Improper Works you submit, post to or transmit through the Site or Services.
6.6
The copyright and intellectual property rights in all User Content which belong to you prior to uploading on this Site shall be retained by you, subject to the licences granted by you under these Membership Conditions (including under Clause 6.3), and subject to Mangaya's rights in the compilation of all User Content.

7.
Use of Services

7.1
General

7.1.1
Some Services are subject to further terms and conditions or the execution of a separate contract between Mangaya and yourself.
7.1.2
Mangaya shall be entitled at any time, at its sole discretion and without prior notice, to:

(i)
add to, vary, terminate, withdraw or suspend the whole or any part or feature of any Service; and/or
(ii)
add new Services.

7.1.3
Where new Services are added, these Membership Conditions and the Website Conditions will also apply to such new Services, in addition to any further terms and conditions notified to you.

7.2
Online Ordering of Products

7.2.1
The terms and conditions governing online ordering of Products can be found at Online Store Terms & Conditions and are hereby incorporated by reference into these Membership Conditions.

8.
Fees

8.1
The initial registration with the Site is free.
8.2
Mangaya may offer the use of any Service, subject to payment of a fee or other charges to Mangaya. If you wish to use such Service, you shall make full and prompt payment to Mangaya of the applicable fees in accordance with the payment terms specified by Mangaya at the point of transaction. Unless otherwise stated, all fees are quoted in United Arab Emirates Dirham.
8.3
You acknowledge and agree that Mangaya in its sole and absolute discretion, may now or in the future impose a fee or vary any fee for any Service by notifying you.
8.4
If you do not agree to make payment of such fee or varied fee after being notified, you may close your Account and discontinue your access of the Service.
8.5
In the event that Mangaya terminates or withdraws the operation of any Service, Mangaya shall refund any fees paid by you to Mangaya, on a pro-rated basis for the remaining and unexpired portion of the term for such specific and relevant transaction.
8.6
If your Account is terminated at any time by Mangaya for breach of the Agreement, or if you cancel any payable Service, you shall not be entitled to any refund of any fees that have been paid to Mangaya.

9.
Evidence

9.1
You hereby agree that:

9.1.1
all records of Mangaya relating to the Services, your use or access of the Services or the Site, your Account, your particulars, any Content, or this Agreement (collectively "Records"), though in electronic form, are written documents, and you shall not dispute or challenge the validity or enforceability of any Record on the grounds that it is not a written document, is in electronic form, or was produced by or is the output of a computer system, and you hereby waive any such right you may have at law; and
9.1.2
the Records, though in electronic form, are original documents, and you will not challenge the admissibility of any Record on the grounds that it is made in electronic form.

10.
Acceptance

10.1
Please click on the "Accept" button to indicate your acceptance of these Membership Conditions, or the "Decline" button to discontinue the registration process.