Terms and Conditions

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement between you (whether personally or on behalf of an entity) (“you”) and The Abaseen (“Company,” “we,” “us,” or “our”) concerning your access to and use of the https://theabaseen.com/ website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected (collectively, the “Site”). 

By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents posted on the Site 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 from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, 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 Site so that you understand which Terms apply. Your continued use of the Site after the date of such revised Terms of Use is posted will indicate acceptance of and agreement to the changes.

The information provided on the Site 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 would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site 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 Site is not tailored to comply with industry-specific regulations (such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions would be subjected to such laws, you may not use this Site. Additionally, using the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA) is prohibited.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, this Site is our proprietary property, including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”). The Content and the Marks are protected by applicable copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site 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.

Subject to your eligibility to use the Site, you are granted a limited license to access and use the Site 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 Site, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Site, 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 it as necessary.
  3. You have the legal capacity and agree to comply with these Terms of Use.
  4. You are not a minor in your jurisdiction of residence.
  5. You will not access the Site through automated or non-human means.
  6. You will not use the Site for any illegal or unauthorized purpose.
  7. Your use of the Site will not violate any applicable law or regulation.

Providing untrue, inaccurate, not current, or incomplete information may lead to suspension or termination of your account and refusal of any current or future use of the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. 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 if we determine, in our sole discretion, that such username is inappropriate, obscene, or objectionable.

5. PRODUCTS

We strive to display the colors, features, specifications, and details of products available on the Site as accurately as possible. However, we do not guarantee that such information will be accurate, complete, reliable, current, or free from errors. Your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee their stock availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

By making purchases on the Site, you agree to pay all charges applicable to your purchases, including the then-current prices and any relevant shipping fees. Additionally, you authorize us to charge your selected payment provider for these amounts upon placing your order. We reserve the right to rectify any errors or inaccuracies in pricing, even after payment has been requested or received.

We retain the right to reject any orders made through the Site at our discretion. Furthermore, we may limit or cancel quantities purchased per individual, household, or order. This restriction extends to orders placed under the same customer account, payment method, or those utilizing identical billing or shipping addresses. Our discretion may also involve limiting or prohibiting orders that, in our judgment, seem to originate from dealers, resellers, or distributors.

7. RETURN/REFUND POLICY

All sales are final, and no refunds will be issued.

8. PROHIBITED ACTIVITIES

Your use of the Site must align with the intended purpose for which it’s made available. The Site is not to be employed for commercial endeavours unless specifically endorsed or approved by us.

As a user, you agree not to:

  • Systematically retrieve data or content from the Site to compile collections, databases, or directories without our written permission.
  • Deceive, defraud, or mislead us or other users, especially in attempts to obtain sensitive account information.
  • Circumvent, disable, or interfere with security features of the Site.
  • Disparage, harm, or tarnish us and/or the Site.
  • Use any information from the Site to harass, abuse, or harm another person.
  • Misuse our support services or file false reports of abuse or misconduct.
  • Violate applicable laws or regulations while using the Site.
  • Engage in unauthorized framing or linking to the Site.
  • Transmit viruses, Trojan horses, or other disruptive material.
  • Engage in automated use or data extraction from the system.
  • Delete copyright or proprietary notices from any content.
  • Impersonate another user or individual.
  • Transmit materials act as information collection mechanisms.
  • Interfere with or disrupt the Site or its connected networks/services.
  • Harass, intimidate, or threaten our employees or agents.
  • Attempt to bypass Site access measures.
  • Copy or adapt the Site’s software.
  • Decipher, decompile, disassemble, or reverse engineer the Site’s software.
  • Develop or distribute automated systems accessing the Site.
  • Use a buying agent for Site purchases.
  • Engage in unauthorized use of the Site, such as collecting usernames/email addresses for unsolicited emails or creating user accounts via false means.
  • Additionally, you are prohibited from providing false information or selling illegal products in the GCC region.

9. USER-GENERATED CONTRIBUTIONS

The Site may invite you to participate in blogs, message boards, or online forums, allowing you to submit various content (“Contributions”). Any Contributions you make may be viewed by other users and through third-party websites. By submitting Contributions, you represent and warrant that:

  • Your Contributions do not infringe upon third-party rights or violate copyrights, patents, trademarks, or trade secrets.
  • You are the creator or owner of the Contributions or have the necessary permissions to use them.
  • You have consent from identifiable individuals in your Contributions to use their name or likeness.
  • Your Contributions are truthful, accurate, and not misleading.
  • Your Contributions do not contain unsolicited advertising, offensive material, or any form of harassment or abuse.
  • Your Contributions comply with applicable laws, regulations, and these Terms of Use.

Any use of the Site in violation of the above terms may result in termination or suspension of your rights to use the Site.

10. CONTRIBUTION LICENSE

When posting Contributions on the Site or linking Contributions from your account to social networking accounts, you grant us an irrevocable, unrestricted, non-exclusive, worldwide license to use, distribute, and display your Contributions. This license applies to any media format and includes the right to use associated trademarks, service marks, trade names, and logos. You retain ownership of your Contributions but waive moral rights, and we hold no liability for statements made in your Contributions.

We reserve the right to edit or delete Contributions at our discretion, and we are not obliged to monitor them.

11. GUIDELINES FOR REVIEWS

When using review sections on the Site, certain criteria must be followed:

  • Firsthand Experience: You should have direct experience with the person/entity being reviewed.
  • Respectful Language: Reviews must not contain offensive language, profanity, or abusive, racist, or hateful remarks.
  • Avoid Discriminatory References: Reviews should not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  • Legal References: Reviews must not contain references to illegal activities.
  • Competitor Affiliation: If posting negative reviews, reviewers should not be affiliated with competitors.
  • Avoid Conclusions about Legality: Reviews should not make conclusions about the legality of conduct.
  • Truthful Statements: No false or misleading statements should be included in reviews.
  • No Review Campaigns: Campaigns encouraging others to post reviews, whether positive or negative, are prohibited.

We reserve the right to accept, reject, or remove reviews at our sole discretion. We hold no obligation to screen or delete reviews, even if someone finds them objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or those of our affiliates or partners. We disclaim liability for any review or claims, liabilities, or losses resulting from any review.

By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the review.

12. SOCIAL MEDIA

As part of the Site’s functionality, you can link your account with third-party service providers’ online accounts (each known as a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions governing your use of each Third-Party Account. You confirm that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breaching any terms and conditions governing your use of the respective Third-Party Account. This action does not obligate us to pay any fees or subject us to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that: (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (referred to as the “Social Network Content”) so that it is accessible on and through the Site via your account, including, but not limited to, friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be accessible on and through the Site. You retain the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE: YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We do not actively review any Social Network Content for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for the purpose of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except for the username and profile picture associated with your account.

13. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site 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 acknowledging or compensating you. You hereby waive all moral rights to any such Submissions, and you warrant that any Submissions are original or that you have the right to submit them. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

14. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to other websites (“Third-Party Websites”) as well as content or items originating from third parties (“Third-Party Content”). These Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content’s accuracy, offensiveness, opinions, reliability, privacy practices, or other policies found in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply our approval or endorsement. Should you decide to leave the Site and access the Third-Party Websites or use or install any Third-Party Content, you do so at your own risk, understanding that these Terms of Use no longer govern. We recommend reviewing the applicable terms and policies, including privacy and data gathering practices, of any website you navigate to from the Site or relating to any applications you use or install.

Purchases made through Third-Party Websites occur on other websites and with other companies, for which we bear no responsibility. You agree that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting from any Third-Party Content or any contact with Third-Party Websites.

15. ADVERTISERS

We permit advertisers to display their advertisements and other information in certain areas of the Site. If you are an advertiser, you are fully responsible for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. As an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property and publicity rights. We provide the space for such advertisements but have no other relationship with advertisers.

16. SITE MANAGEMENT

We reserve the right, but are not obligated, to:

Monitor the Site for violations of these Terms of Use.

  1. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use.
  2. Refuse, restrict access to, limit availability of, or disable any of your Contributions or any portion thereof.
  3. Remove from the Site or otherwise disable all files and content that are excessive in size or burdensome to our systems.
  4. Manage the Site in a manner to protect our rights and property and to facilitate its proper functioning.

17. PRIVACY POLICY

We prioritize data privacy and security. Please review our Privacy Policy at https://theabaseen.com/privacy-policy/. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Note that the Site and the Marketplace Offerings are hosted in Canada. If you access them from a region with laws differing from those in Canada regarding personal data collection, use, or disclosure, you consent to transfer your data to Canada by continuing to use the Site.

18. COPYRIGHT INFRINGEMENTS

We respect intellectual property rights. If you believe material available on the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Be aware that you may be held liable for damages if you make material misrepresentations in a Notification. If uncertain whether the material infringes your copyright, consider first contacting an attorney.

19. TERM AND TERMINATION

These Terms of Use remain in effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED HEREIN OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU POSTED, WITHOUT WARNING, AT ANY TIME, AT 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. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, but not limited to, pursuing civil, criminal, and injunctive redress.

20. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the Site’s contents at our sole discretion without notice. We are not obligated to update any information on our Site. Additionally, we reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice. We are not liable for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

While we strive for continuous availability, the Site may experience hardware, software, or other issues, resulting in interruptions, delays, or errors. We may change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice. You agree that we are not liable for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance. Nothing in these Terms of Use obligates us to maintain and support the Site or the Marketplace Offerings or to provide corrections, updates, or releases.

21. CORRECTIONS

There may be information on the Site containing typographical errors, inaccuracies, or omissions relating to the Marketplace Offerings, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Site’s information at any time, without prior notice.

22. DISCLAIMER

The Site is provided on an as-is and as-available basis. You agree that your use of the Site services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Site and your use thereof. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to this Site. We will not assume liability or responsibility for any errors, mistakes, interruptions, viruses, or damages arising from your access to or use of the Site.

23. LIMITATIONS OF LIABILITY

We, our directors, employees, or agents, will not be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Site, even if we have been advised of the possibility of such damages.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all our officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand arising from (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) breach of your representations and warranties herein; (5) violation of a third party’s rights, including intellectual property rights; or (6) any harmful act toward any other user connected via the Site. We reserve the right to assume the exclusive defence and control of any matter you require to indemnify us.

25. USER DATA

We will maintain certain data that you transmit to the Site for managing its performance, as well as data related to your use of the Site. You are solely responsible for all data you transmit or that relates to any activity using the Site. We are not liable for any loss or corruption of such data, and you waive any right of action against us arising from any such loss or corruption.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Your visits to the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement for written communication. You agree to the use of electronic signatures, contracts, orders, and other records, and electronic delivery of notices, policies, and transaction records.

27. MISCELLANEOUS

These Terms of Use, along with any policies or rules posted by us on the Site, constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use 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 are not responsible for loss, damage, or delay caused by causes beyond our reasonable control. If any provision of these Terms of Use is unlawful or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use do not create a joint venture, partnership, employment, or agency relationship between you and us. These Terms of Use will not be construed against us due to drafting. You waive any defences based on the electronic form of these Terms of Use.

28. CONTACT US

To resolve complaints regarding the Site or for further information, contact us at:

The Abaseen

info@theabaseen.com

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