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Terms and conditions for the use of this site
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Please read these terms and conditions
carefully, they contain important information about your rights and
obligations:
- Introduction
1.1 Please read these terms and conditions
carefully before using the website www.almisbar.com (‘the
website’) operated by ATA Software Technology Limited of ATA
House 1 Brook Lane Business Centre Brook Lane North Brentford
Middlesex TW8 OPP UK (‘ATA’, ‘we’, ‘our’ or ‘us’).
Telephone (+44) (0)20 8568 2718 Fax (+44) (0)20 8568 2738
ATA Software Technology Limited is a limited company
registered in England & Wales, Registration No. 2714597
ATA Software Technology Limited is also registered with the HM
Customs & Excise for Inland Revenue for VAT purposes, VAT
number 581 9160 252.2 In particular, we draw your attention
to clauses 8 (Applicability of online materials) and 12
(Liability). By accessing or our website you agree to be
legally bound by these terms and conditions, as they may be
modified and posted on our website from time to time.
Without prejudice to the above, by using or accessing our
website, you agree to be legally bound by these terms and
conditions of use as they apply to your use of or access to
our website.
3.3 If you do not wish to be bound by these
terms and conditions then you may not use our website.
Warning - USE OF THE TRANSLATION SERVICE
WE DO NOT sanction, approve or
countenance copyright infringement whatsoever.
WE DO NOT grant or purport to grant expressly or by
implication any right to infringe the copyright of any third
parties whatsoever.
In the event that you decide to use our translation service you do
so entirely at your own risk. We strongly advise you NOT use our
translation service without the consent of the copyright owners in
question.
- Nature of our website
2.1 Our
website is a place for you to ascertain a lot of useful
information about Arab countries, general news and events
around the world, an on-line English to Arabic and Arabic to
English translation service and a free e-mail account
service (the ‘Services’). Our website describes the Services
in more detail.
- Using the Services on our website
3.1
Any times or dates stated on our website for delivery of
our Service are estimates only. We will make all
reasonable effort to provide the Services within the
time specified, failing which within 30 days, but we do
not accept liability for any failure to deliver within
that time.
3.2 We are entitled to
refuse to provide any of the Services to you. If we
agree to provide an e-mail account to you, we will
confirm acceptance to you by online electronic means
(‘Confirmation’) to the email address you have given us
on registration.
3.3 If the Service you
ordered is unavailable, we may provide to you a
substitute of an equivalent quality and standard
3.4 You undertake that
all details you provide to us for the purpose of
subscribing to or using our Services on our website will
be correct. We reserve the right to obtain validation of
your details before allowing you access to our Services
and or our website
- Problems with our Services
You may notify us of any problems
that you have with any of our Services
If you have any complaints, you should direct them to us
via email or by post at the address set out at the top
of these terms and conditions.
- Modifications to website
We reserve the right to alter,
suspend or discontinue any aspect of our website or the
content or services available through it, including your
access to it. Unless explicitly stated any new features
including new content, and/ or new services shall be
subject to these terms and conditions.
- Information you provide
6.1
The following applies to any information you provide to
us, for example during any registration process:
- You authorise us to use,
store or otherwise process any personal information
which relates to and identifies you, including but not
limited to your name and address, to the extent
reasonably necessary to provide the services which are
available through our website by us or our
sub-contractors. If you use any of the Services through
our website then we may collect information about your
on-line behaviour and if you send us personal
correspondence such as e-mails or letters then we may
collect this information into a file specific to you
(together, the various purposes set out in this
paragraph and in our privacy policy shall be known as
‘the Purposes’). All such information collected by us
shall be referred to in these terms and conditions as
‘Personal Information’.
- You must ensure that the Personal
Information you provide is accurate and complete and
that all registration details (where applicable) contain
your correct name, address and other requested details.
For more information about how we deal with your
Personal Information, please read our
privacy policy.
6.2 By accepting these
terms and conditions, you agree to the processing and
disclosure of the Personal Information for the Purposes.
You also agree that the Purposes may be amended to include
other uses or disclosures of Personal Information
following notification to you by means of a notice on our
website, which you should check regularly. If you would
like to review or modify any part of your Personal
Information then you should email us at the e-mail address
set out at the head of these Terms and Conditions.
6.3 In addition, the
following also applies to all messages, e-mails, ideas,
suggestions, concepts or other material submitted by you
to us (‘Content’):
- you must own or have the right to
submit Content;
- you must ensure that all Content,
and or any words, websites, text or anything else
submitted to us does not infringe the copyright, design,
privacy, publicity, data protection, trade mark or any
other rights of any third party, nor be obscene,
abusive, threatening, libelous or defamatory of any
person or be otherwise unlawful;
- we have the right to monitor
Content and may edit, reject or remove Content if we
believe it does not comply with the above and, in
particular, we reserve the right to block incoming
e-mails and other Content if we believe that their
content is or may be inappropriate or otherwise does not
comply with the above.
6.4
You grant us a non-exclusive, irrevocable, royalty free,
worldwide licence to publish all Content that you submit
to us except any portion of the Content that is Personal
Information. You have sole responsibility for the Content
which you submit to us and you shall indemnify and shall
keep us fully and effectively indemnified on demand from
and against all losses and liabilities (including legal
costs and expenses) suffered or incurred by us and arising
directly or indirectly out of the publication of Content
submitted by you to us or our carrying out any of our
translation services.
- Security
You are solely responsible in all
respects for all use of and for protecting the
confidentiality of any username and password that may be
given to you or selected by you for use as part of the
e-mail service. You may not share these with or transfer
them to any third parties. You must notify us
immediately of any unauthorised use of them or any other
breach of security regarding our website that comes to
your attention.
- Applicability of online materials
8.1 Unless
otherwise specified the materials published and or
displayed on our website are presented solely for your
private, personal and non-commercial use.
8.2 Our website is
controlled and operated by us from our offices, the
address of which is set out at the head of these terms
and conditions. Where content published and or displayed
on the website is supplied by third parties, you
understand that we do not control or endorse their
contents in any way. All content which is offered by
third parties that are not affiliated with or otherwise
connected with us, is published and or displayed in good
faith but we do not (to the extent permitted by
applicable law) accept responsibility for the accuracy
or otherwise of such content (whether published and or
displayed on or off-line) and the use of such content,
except for content which relates directly to Services
you purchase. You assume total responsibility and
risk for your use of our website and use of all
information contained within it.
8.3 We have used our best
endeavors to ensure that our website complies with UK
law. However, we make no representations that the
materials on our website are appropriate or available
for use in locations outside the United Kingdom.
8.4 We makes no
warranties, express or implied that making the Services
available in any particular jurisdiction outside the UK
is permitted under any applicable non-UK laws or
regulations. Accordingly, if making the Services or any
part available in your jurisdiction or to you (by reason
of nationality, residence or otherwise) is prohibited,
those Services are not offered to you. You accept that
if you are resident outside the UK, you must satisfy
yourself that you are lawfully able to access and view
the Services. We accept no liability, to the extent
permitted by applicable law, for any costs, losses or
damages resulting from or related to the purchase or
attempted purchase of the Services by persons in
jurisdictions outside the UK or who are nominees of or
trustees for citizens, residents or nationals of other
countries.
- Copyright and monitoring
The contents of our website are
protected by international copyright laws and other
intellectual property rights. The owner of these rights
is ATA or other third party licensors. All product and
company names and logos mentioned in our website are the
trade marks, service marks or trading names of their
respective owners, including us. You may download
material from our website for your own private, non-
commercial use. However, you may not modify, copy,
reproduce, republish, upload, post, transmit, distribute
or request that we translate any material that is
copyright protected by anyone else, by any means or in
any manner, any material or information on or downloaded
from our website including but not limited to text,
graphics, video, messages, code and/or software without
our prior written consent, except where expressly
invited to do so, for example in order to complete any
test or questionnaire.
- Linked sites
In addition to the general warning
to all our users. We make no representations whatsoever
about any other websites which you may access through
our website or which may link to our website. When you
access any other website you understand that it is
independent from us and that we have no control over the
content or availability of that website. In addition, a
link to any other site does not mean that we endorse or
accept any responsibility for the content, or the use
of, such a website and we shall not be liable for any
loss or damage caused or alleged to be caused by or in
connection with use of or reliance on any content, goods
or services available on or through any other web,
resource or any such translation of the same. Any
concerns regarding any external link should be directed
to its website administrator or web master.
- Availability of our website
We will try to make our website
available but cannot guarantee that our website will
operate continuously or without interruptions or be
error free and can accept no liability for its
unavailability. You must not attempt to interfere with
the proper working of our website and, in particular,
you must not attempt to circumvent security, tamper
with, hack into, or otherwise disrupt any computer
system, server, website, router or any other internet
connected device.
- Liability
12.1
We also promise that any service we provide to you will
be provided with reasonable skill and care.
We exclude all other express or implied terms,
conditions, warranties, representations or endorsements
whatsoever with regard to the Services, our website or
any information or service provided through our website.
We will do our best to ensure that all materials and
information published and or displayed on our website
are accurate, but please note that all materials and
information on our website are provided on an ‘AS IS’
basis. Please note that in particular, any translations
provided cannot be guaranteed.
12.2 In relation to the
Services, we accept no liability for any indirect or
consequential loss or damage, or for any loss of data,
profit, revenue or business (whether direct or
indirect), however caused, even if foreseeable. In
circumstances where you suffer loss or damage arising
out of or in connection with the viewing, use or
performance of our website or its contents. We accept no
liability for this loss or damage (except where we have
been negligent) whether due to inaccuracy, error,
omission or any other cause and whether on the part of
us or our servants, agents or any other person.
12.3 If we are liable to
you for any reason, our liability will be limited to the
amount paid by you (if any) for the service concerned.
This limit does not apply to any liability we may have
for death or personal injury resulting from our
negligence.
12.4 You are responsible
for ensuring that your computer system meets all
relevant technical specifications necessary to use our
website and is compatible with our website. You also
understand that we cannot and do not guarantee or
warrant that any material available for downloading from
our website will be free from infection, viruses and/or
other code that has contaminating or destructive
properties. You are responsible for implementing
sufficient procedures and virus checks (including
anti-virus and other security checks) to satisfy your
particular requirements for the accuracy of data input
and output.
12.5 The limitations and
exclusions in this clause do not affect your
non-excludable statutory rights and only apply to the
extent permitted by applicable law.
- General
13.1
We may assign, novate or subcontract any or all of our
rights and obligations under these terms and conditions
at any time.
13.2 We may alter these
terms and conditions from time to time and post the new
version on our website, following which all use of our
website will be governed by that version. You must check
the terms and conditions on the website regularly.
13.3 These terms and
conditions together with the privacy policy, any forms,
if any, are the whole agreement between you and us. You
acknowledge that you have not entered into this
agreement in reliance upon any warranty or
representation made by us or any other person and you
waive any rights to damages/rescission you may have for
misrepresentation (other than a fraudulent
misrepresentation) that is not contained in the terms
and conditions and privacy policy.
13.4 If any provision or
term of these terms and conditions shall become or be
declared illegal, invalid or unenforceable for any
reason whatsoever, such term or provision shall be
divisible from the other terms and conditions and shall
be deemed to be deleted from them.
13.5 These terms and
conditions and your use of our website are governed by
English law and you submit to the non-exclusive
jurisdiction of the English court.
13.6 Neither you nor ATA
will be held liable for any failure to perform any
obligation to the other due to causes beyond your or
ATA’s respective reasonable control.
13.7 Failure by either
party to exercise any right or remedy under this
agreement does not constitute a waiver of that right or
remedy.
- Notices
14.1 All
notices shall be given:
- to us via email at the address
set out at the head of these terms and conditions; or
- to you at either the e-mail or
postal address you provide during any registration
process.
Notice will be deemed received
when an email is received in full (or else on the next
business day if it is received on a weekend or a public
holiday in the place of receipt) or 3 days after the
date of posting.
- Replacement
These terms and conditions replace
all other terms and conditions previously applicable to
the use of our website and/or provision of our Services.
Please click on the ‘I Accept’ button to confirm your
acceptance of these terms and conditions to continue
I HAVE READ THESE TERMS AND FULL AND CONDITIONS
I HAVE READ THE WARNING AND DISCLAIMER
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