The general terms and conditions for your use of the caspermattress.ae website (the “Website” or “Service”) and any of its affiliated goods and services (collectively, the “Services”) are outlined in these terms and conditions (the “Agreement”).
Between you, the user, and this website operator, the operator, “we,” “us,” or “our,” this agreement is legally binding.
The terms “user,” “you,” or “your” shall refer to the business or other legal entity on behalf of which you are entering into this agreement, and you represent that you have the capacity to bind such entity to it.
You may not accept this agreement and may not access or use the website and services if you do not have the necessary authority or if you disagree with any of its provisions.
You agree to be bound by the terms of this agreement by accessing and using the website and services, indicating that you have read and understood them. Even though this agreement is electronic and you have not physically signed it, you understand that it is a contract between you and the operator that regulates your use of the website and services.
Accounts and membership
If you register for an account on the website, you are in charge of keeping it secure and are entirely liable for any activity that takes place under the account and any other acts related to it. Before allowing you to sign in and use the services, we may, but are under no duty, monitor and review new accounts. Your account may be terminated if you provide any type of fraudulent contact information. Any unauthorized use of your account or other security breaches must be reported to us right away. We disclaim all liability for any actions or inactions on your part, including any damages of any type brought on by your actions or inactions. If we find that you have broken any of the terms of this agreement or that your actions or content tend to harm our goodwill and reputation, we reserve the right to suspend, disable, or delete your account (or any portion of it). You are not permitted to register for our services again if we delete your account for the aforementioned reasons. If you try to register again, we might ban your IP address and email address.
Billing and payments
When a fee or charge is due and payable, you must pay it to your account in compliance with the fees, charges, and billing terms that are in force at that time. In order to provide users with the safest possible environment, digital signatures and encryption are used throughout the exchange of sensitive and private data across an SSL-secured communication channel. The website and services also adhere to PCI vulnerability standards. Regular malware scans are conducted to provide further security and protection. Should we determine that your purchase is a high-risk transaction, you will need to give us a copy of your current, official government-issued picture ID, and even a current copy of the credit or debit card’s bank statement for the transaction that was made with it. We maintain the right to alter our product lineup and prices at any moment. Additionally, we retain the authority to reject any order you place with us. We reserve the right to restrict or cancel the number of items that can be bought by a single individual, household, or order. Orders made using the same credit card, the same customer account, or the same billing and/or delivery address may all be subject to these limitations. We may try to get in touch with you via the email and/or billing address/phone number you supplied at the time of the order if we decide to modify or cancel it.
Accuracy of information
Sometimes, material about promotions and offers may be missing from the website or contain typographical errors, inaccuracies, or other issues. At any time without prior notice, we retain the right to make any necessary corrections to mistakes, inaccuracies, or omissions, as well as to update or change information or cancel orders if any information on the website or services is wrong (even after you have completed your purchase). Except as required by law, we assume no responsibility to update, revise, or clarify any information on the website, including, without limitation, pricing information. It should not be assumed that because there isn’t a defined update or refresh date on the website, all of the content has been updated or changed.
Third party services
Please be aware that the terms and conditions of any third-party services you choose to enable, access, or use will control your access to and usage of those services. We do not recommend, guarantee, or bear any liability for, and disclaim any liability about, any part of such other services, including but not limited to their content, data handling practices (including handling your data), or any correspondence you may have with the provider of such other services. Any claim you may have against the operator about these other services is hereby permanently waived. When you activate, access, or use any of these other services, or when you rely on their privacy policies, data security procedures, or other policies, the operator disclaims all liability for any harm or loss that is caused or purported to be caused by or in connection with any of these other services. It might be necessary for you to sign up for or access these additional services through their individual platforms. By activating any additional services, you specifically give the operator permission to share your information as needed to make such services easier to use or activate.
Uptime guarantee
We promise 99% of the available time for service uptime each month. The following circumstances will not be covered by the service uptime guarantee: (1) sporadic scheduled maintenance or repairs we may perform; (2) disruptions brought on by you or your operations; (3) outages that do not impact core service functionality; (4) unforeseeable or outside our reasonable control causes; and (5) outages relating to the dependability of specific programming environments.
Advertisements
You might correspond with or take part in promotions of sponsors or advertisers showcasing their products or services through the website and services while using the website and services. Any such activity is entirely between you and the relevant third party, as are any terms, conditions, warranties, or representations related to such conduct. For any such communication, transaction, or promotion between you and any such third party, we shall not be liable, responsible, or otherwise obligated.
Links to other resources
Unless otherwise specified above, we do not, directly or indirectly, imply any approval, association, sponsorship, endorsement, or affiliation with any connected resource, even if the website and services may contain links to other resources (such as websites, mobile applications, etc.). We assume no liability for the investigation, appraisal, or warranty of any companies, people, or the information contained in their resources. Regarding any other third party’s conduct, goods, services, or content, we disclaim all obligation and accountability. Any resource you access through a link on the website should have its legal notices and other usage terms carefully read. You bear all liability for any links you make to other off-site resources.
Prohibited uses
Along with other restrictions outlined in the agreement, you are not allowed to use the website, services, or content. (a) for any unlawful purpose; (b) to encourage others to engage in any illegal activity; (c) to disobey any municipal ordinances, federal, provincial, or state laws, rules, or regulations; (d) to breach or infringe upon our intellectual property rights or the rights of others; (e) to intimidate, harass, abuse, insult, damage, defame, slander, disparage, or to act in a way that is based on a disability, age, national origin, gender, sexual orientation, religion, ethnicity, or race; (f) to provide inaccurate or deceptive data; (g) to upload or transmit viruses or any other kind of harmful code that might be used to interfere with the functioning of the website and its services, the goods and services of third parties, or the Internet in any way; (h) to scrape, spider, crawl, phish, pharm, pretext, or spam; (i) for any heinous or immoral intent; (j) to tamper with or disable the security measures on the website, the services, goods and services provided by third parties, or the Internet. If you use the website or services in violation of any of the prohibited purposes, we retain the right to stop you from using them.
Intellectual property rights
The term “intellectual property rights” refers to all current and future rights granted by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the ability to sue for passing off, rights to inventions, rights to use, and any other forms of intellectual property rights, whether registered or not. This includes all applications, rights to apply for and be granted, rights to claim priority from, and any other rights or forms of protection that exist or will exist now or in the future in any part of the world. Any intellectual property owned by the operator or third parties is not transferred to you by this agreement; instead, the operator will retain all rights, titles, and interests in and to such property (as between the parties). The operator or its licensors own all trademarks, service marks, graphics, and logos used in connection with the website and services. These are either registered trademarks or trademarks. It’s possible that other third parties own the trademarks of other trademarks, service marks, images, and logos used in connection with the website and services. You are not granted any permission or right to copy or make any other use of any trademarks owned by the operator or third parties as a result of using the website and Services.
Disclaimer of warranty
You acknowledge that the website and services are used at your own risk and that the services are provided “as is” and “as available.” All warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a specific purpose, and non-infringement, are thus expressly disclaimed by us. We don’t guarantee that the services will fulfill your needs or that they will be timely, secure, error-free, uninterrupted, or of any other kind. We also don’t guarantee that using the services will produce the desired results, that the information accessed through them will be accurate or reliable, or that errors in the service will be fixed. You acknowledge and accept that you are entirely liable for any damage or loss of data resulting from the download of any material and/or data, and that you are doing so at your own risk. This includes any content and/or data that you download or otherwise receive via the use of the service. Unless otherwise specified, we disclaim any warranties with regard to products or services bought or obtained through the service and any transactions made through the service. You cannot construct any warranty not specifically stated herein by using any written or verbal advice or information that you acquire from us or via the service.
Limitation of liability
The Operator, its affiliates, directors, officers, employees, agents, suppliers, and licensors shall, to the maximum extent permitted by applicable law, in no circumstances be liable to any person for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity), however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise. The operator’s and its affiliates’, officers’, employees’, agents’, suppliers’, and licensors’ aggregate liability with regard to the services will be limited, to the greatest extent allowed by applicable law, to one dirham or the amount that you actually paid the operator in cash during the previous month before the first event or occurrence giving rise to such liability. If this remedy fails to fulfill its basic purpose or does not completely compensate you for any losses, the limits and exclusions also apply.
Indemnification
In connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services, or any willful misconduct on your part, you agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers, and licensors harmless from and against any liabilities, losses, damages, or costs, including reasonable attorneys’ fees.
Severability
This agreement’s rights and limitations may be used, but only to the extent that they do not contravene any applicable laws. They are also meant to be restricted to the minimum extent required to prevent this agreement from becoming unlawful, void, or unenforceable. The parties intend for the remaining provisions or portions thereof to constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof to remain in full force and effect in the event that any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction.
Dispute resolution
Without regard to its rules on conflicts or choice of law, the formation, interpretation, and performance of this Agreement, as well as any disputes arising out of it, shall be governed by the substantive and procedural laws of the United Arab Emirates and, to the extent applicable, the laws of the United Arab Emirates. You hereby submit to the personal jurisdiction of the courts situated in the United Arab Emirates, which shall have exclusive jurisdiction and venue over any action pertaining to the subject matter of this agreement. By signing this agreement, you forfeit your right to a jury trial in any action resulting from or connected to this agreement. This agreement is not subject to the United Nations Convention on Contracts for the International Sale of Goods.
Assignment
Without our prior written consent, which we may withhold at our sole discretion and without obligation, you are not permitted to assign, resell, sublicense, or otherwise transfer or delegate any of your rights or obligations under this agreement, in whole or in part. Any attempt to do so will be deemed void. As part of the sale of all or nearly all of its stock or assets, or as part of a merger, We may freely transfer to any third party any or all of its rights or obligations under this agreement.
Changes and amendments
We retain the right, at our sole discretion, to change any part of this agreement or the terms pertaining to the website and services. The new date at the bottom of this page will be updated once we have done so. At our discretion, we may also notify you through other channels, such as the contact details you have supplied.
Unless otherwise indicated, any updates to this agreement will take effect as soon as they are posted online. After the updated agreement (or any other act indicated at that time) goes into effect, your continuing use of the website and services will be deemed your assent to such changes.
Acceptance of these terms
You agree to all of the terms and conditions of this agreement, acknowledging that you have read it. You accept this agreement by using the website and services and by accessing them. You are not permitted to access or use the website and services if you do not agree to comply with the terms of this agreement.
Reaching out to us We welcome your inquiries, worries, and complaints about this agreement and ask that you use the information provided below to get in touch with us: Info@caspermattress.ae
For further details on refunds and returns, please click on this page: Refund Policy