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1. INTRODUCTION
www.tombeely.com ("Website") is a web-portal, owned
and operated by Aswaq Corp Ltd., (“Company”) a company incorporated under the
laws of Egypt, having its registered office at 26 Jaddah St, Flat No 12,
Mohandesin, Giza. Subject to all the terms and conditions contained hereunder,
the Website is offered to you for your fair usage
2. ACCEPTANCE
OF TERMS OF USE
Tombeely.com provides data for customer to search required
spare parts or car related product, any information regarding cars, their
maintenance etc. (referred to hereafter as "Service") subject
to the following terms and conditions of use ("Terms
& Conditions"). By using the Service in any way, you
are agreeing to comply with these Terms & Conditions. In
addition, when using particular Tombeely.com services, you agree to abide by
any applicable posted guidelines for all Tombeely.com Services, which are
subject to change.
Should you object to any Terms & Conditions, any
guidelines, or any subsequent modifications thereto or become dissatisfied with
Tombeely.com in any way, your only recourse is to immediately discontinue use
of Tombeelyom. You are, however, encouraged to inform/complain to our customer
care team who will do their best to address your concerns.
3. DESCRIPTION
OF WEBSITE
The aim of
Tombeely.com is to organize market of spare parts in Egypt and become
the most sought after destination for everybody interested in car
service industry wherein every
user will have the possibility to identify necessary part in easy way
through continuously updated catalogues.
The Website will provide information about applicability,
replacement of spare parts or other car related products.
4. GENERAL
TERMS & CONDITIONS
i. User/ customer
hereby impliedly agrees to be bound by thisTerms
& Conditions by using
the Website, whether such usage is for the purpose of any
purchase or not;
ii. User/ customer
is hereby authorised to use the Website for lawful purposes or for the purposes
as mentioned in the Terms & Conditions;
iii. Any
unauthorized use of the Website will lead to strict legal action against the
user/ customer as per the applicable laws;
iv. The prices and
availability of the products offered on the Website are subject to change,
without any notice or any consequential liability on the Company;
v. All offers on
products shall be for limited period of time, as mentioned under the order
specification. Company may at its sole discretion modify, extend, update or
withdraw the offers on products without prior notice to the users, customers
but such modification will be intimated on the Website;
vi. Company may, at
any time due to various reasons, including but not limited to technical errors,
unavailability of stocks or for any other reasons whatsoever, cancel the orders
placed by users/ customers. Company’s decision of cancellation of order shall
be final and Company shall not be liable for such cancellation whatsoever. If
the order is cancelled after credit card has been charged, the said amount will
be reversed in user''s credit card account;
vii. Company
strives to provide accurate products, services and pricing information. In the
event that a product or service is listed at an incorrect price or with
incorrect information due to an error in pricing or product or service
information, Company may, at its discretion, either contact user/ customer for
instructions or cancel the user''s/ customer’s order, which the user/ customer
will be notified about;
viii. Company shall
have right to modify the price of a product or service any time, without any
prior information;
ix. In case of
requests for order cancellations, Company, at its sole discretion, reserves the
right to accept or reject requests for order cancellations for any reason
whatsoever, without being liable to show cause to the user/ customer. As part
of usual business practice, if Company receives a cancellation notice and the
order has not been processed/ approved by Company, Company shall cancel the
order and refund the entire amount to user/customer within a reasonable period
of time;
x. In case an order
has already been processed, it is pertinent to note that the Company will not
be able to cancel the same and for the purpose has the full right to decide
whether an order has been processed or not. User/ customer hereby agrees and
undertakes that the decision taken by the Company is acceptable to user/
customer and user/ customer shall not create any dispute on the decision taken
by Company on cancellation;
xi. Under no
circumstances Company''s liability shall exceed giving the user/customer a
replacement of the same product/ alternate product of the same value;
xii. These terms
and conditions are subject to Egyptian laws and any dispute shall be subject to
jurisdiction of the courts in Giza (Egypt) only, and may be modified by Company
any time, for which Company is not liable to notify the users/ customers.
5. MODIFICATIONS
TO THIS TERMS OF USE
We reserve the right, at our sole discretion, to change,
modify or otherwise alter these terms and conditions at any time. Such
modifications shall become effective immediately upon the posting thereof. You
must review this agreement on a regular basis to keep yourself apprised of any
changes. You can find the most recent version of these Terms at:
http://tombeely.com/index.php?route=information/information&information_id=5
6. CONTENT
The content at Tombeely.com includes information provided and
created by car dealers, advertisers, content partners, software developers,
publishers, marketing agents, users, resellers and other third parties. While
every attempt has been made to ascertain the authenticity of the content of the
Website, The Company has no control over the accuracy of such information on
our pages, and material on the Tombeely.com. Website may include technical
inaccuracies or typographical errors, and we make no guarantees, nor can we be
responsible for any such information, including its authenticity, currency,
content, quality, copyright compliance or legality, or any resulting loss or
damage. All of the data on services including but not limited to, the prices
and the availability of any product or service or any feature thereof, is
subject to change without notice to the party providing it. Tombeely.com
reserves the right, in its sole discretion and without any obligation, to make
improvements to, or correct any error or omissions in, any portion of the
Website. Where appropriate, we will endeavor to update information listed on
the Website on a timely basis, but shall not be liable for any inaccuracies.
7. OWNERSHIP
OF RIGHTS
All rights, title and interest including trademarks and
copyrights in respect of the domain name and site content hosted on the Website
are reserved with the Company. Users are permitted to read, print or download
text, data and/or graphics from the site for their personal use only.
Unauthorized access, reproduction, redistribution, transmission and/or dealing
with any information contained in this Website in any other manner, either in
whole or in part, are strictly prohibited, failing which strict legal action
will be initiated against such users. You understand that all postings, car
dealer data, messages, text, files, images, photos, video, sounds, or other
materials ("Content") posted on, transmitted through, or linked from
the service, are the sole responsibility of the person from whom such Content
originated. More specifically, you are entirely responsible for all content
that you post, email or otherwise make available via the service. You may not
decompile or disassemble, reverse engineer or otherwise attempt to discover any
source code contained in the Website. You understand that Company does not
entirely control, and is not responsible for Content made available through the
service, and that by using the service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the Tombeely.com site and Content available through the service
may contain links to other websites, which are completely independent of
Tombeely.com.
Although Company does not claim ownership of Content that its
users post, by posting Content to any public area of the Website, you
automatically grant, and you represent and warrant that you have the right to
grant, to Company an irrevocable, perpetual, non-exclusive, fully paid,
worldwide license to use, copy, perform, display, and distribute the said
Content and to prepare derivative works of, or incorporate into other works,
said Content, and to grant and authorize sublicenses (through multiple tiers) of
the foregoing. Furthermore, by posting Content to any public area of the
Website, you automatically grant Company all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Website by any party for any purpose.
All components of the Website are protected by intellectual
property laws and are the property of the Company. Users shall not acquire any
rights, including rights in or to any software, trademarks or components of the
Website, by access or use of the Website. Copyright notices and trademarks may
not be changed or removed. Components of the Website may not be reproduced in
whole or in part in any manner or form (including electronic or printed form)
without our prior written consent and unless full acknowledgement of the source
is provided.
You and we acknowledge that, in the event of any third party
claim that the Website infringes that third party’s intellectual property
rights, we, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim;
provided such infringement was not caused by us.
8. DISCLAIMER
OF WARRANTIES
The Website and the service are provided on an "as
is" or "as available" basis, without any warranties of any kind.
The Company makes no representation or warranty as to the accuracy,
completeness or authenticity of the information contained in the Website. The
Company makes no representation of KIA, MITSUBISHI,
RENAULT, PEUGEOT, SKODA, VW, MAZDA & CHEVROLET and other Car Vehicle Manufacturer / car
brands or any other and its associate in any manner until clearly specify kind
of association or agreement with associates directly or indirectly on the
directory / web pages.
Your linking to any other website is at your own risk. You
agree that you must evaluate, and bear all risks associated with, the use of
any Content, that you may not rely on said Content, and that under no
circumstances will the Company be liable in any way for any Content or for any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the service. You acknowledge
that Tombeely.com does not always pre-screen or approve Content (unless
specified), but that Tombeely.com shall have the right (but not the obligation)
in its sole discretion to refuse, delete or move any Content that is available
via the service, for violating the letter or spirit of the Terms &
Conditions or for any other reason.
9. THIRD PARTY CONTENT, SITES, AND SERVICES
The Tombeely.com website and Content available through the
service may contain features and functionalities that may link you or provide
you with access to third party content which is completely independent of
Tombeely.com, including web sites, directories, servers, networks, systems,
information and databases, applications, software, programs, products or
services, and the Internet as a whole. Your interactions with organizations
and/or individuals found on or through the service, including payment and delivery
of goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever investigation you
feel necessary or appropriate before proceeding with any online or offline
communication/transaction with any of these third parties. You agree that the
Company cannot be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings. If there is a dispute between
participants on this Website, or between users and any third party, you
understand and agree that the Company is under no obligation to become
involved. In the event that you have a dispute with one or more other users,
you hereby release Company, its officers, employees, agents and successors in
rights from claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way related to such disputes and / or our
service. Customer disputes with workshops/outlets/shops producers or suppliers
providing information or goods to customers, also routed through Tombeely.com,
shall be considered as THIRD PARTY.
Tombeely.com deals with producers and suppliers and offer
their catalogue to customers as a mediator. We recommend to take professional
advice from workshop specialist during choosing spare parts intended for
installation on your car. In case of any fitment, quality issue with car part
supplier, Company does not take any responsibility for issues and quality of
parts but may help customer to resolve issue if possible with mutual agreements
between customer and supplier.
CUSTOMER CAN NOT CLAIM from Company for car parts issues and
other suppliers’ prices, discounts, quality and fitment.
10. PRIVACY
AND INFORMATION DISCLOSURE
Company has established a Privacy Policy to explain to users
how their information is collected and used, which is located at the following
web address:
http://tombeely.com/index.php?route=information/information&information_id=3.
Your use of the Website or the service signifies acknowledgement of and
agreement to our Privacy Policy. You further acknowledge and agree that Company
may, in its sole discretion, preserve or disclose your content, as well as your
information, such as email addresses, IP addresses, timestamps, and other user
information, if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: comply with legal
process; enforce these Terms & Conditions; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, address) of a third-party has been posted or
transmitted without their consent or as a form of harassment; protect the
rights, property, or personal safety of Tombeely.com, its users or the general
public.
11. CONDUCT
You agree not to post, email, or otherwise make
available content:
a. that is unlawful, harmful,
threatening, abusive, harassing, defamatory, libelous, invasive of another''s
privacy, or is harmful to minors in any way;
b. that is pornographic in nature;
c. that harasses, degrades,
intimidates or is hateful toward an individual or group of individuals on the
basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
d. that impersonates any person or entity
or falsely states or otherwise misrepresents your affiliation with a person or
entity;
e. that includes personal or identifying
information about another person without that person''s explicit consent;
f. that is false, deceptive,
misleading, deceitful, or constitutes "bait-and-switch";
g. that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party, or Content
that you do not have a right to make available under any law or under
contractual or fiduciary relationships;
h. that constitutes or contains
"affiliate marketing," "link referral code," "junk
mail," "spam," "chain letters," "pyramid
schemes," or unsolicited commercial advertisement;
i. that constitutes
or contains any form of advertising or solicitation;
j. that includes links to
commercial services or websites, except as allowed in "services";
k. that advertises any illegal
service or the sale of any items the sale of which is prohibited or restricted
by any applicable law, including without limitation items the sale of which is
prohibited or regulated by Egyptian law.
· that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
m. that disrupts the normal flow of dialogue with
an excessive number of messages (flooding attack) to the service, or that
otherwise negatively affects other users'' ability to use the service; or
§ that employs misleading email addresses, or forged headers
or otherwise manipulated identifiers in order to disguise the origin of Content
transmitted through the service.
Additionally, you agree not to:
o contact anyone who has asked not to be
contacted;
p. "stalk" or otherwise harass
anyone;
q. collect personal data about other users
for commercial or unlawful purposes;
r. use automated means, including
spiders, robots, crawlers, data mining tools, or the like to download data from
the Service - unless expressly permitted by Tombeely.com;
s. post non-local or otherwise
irrelevant Content, repeatedly post the same or similar Content or otherwise
impose an unreasonable or disproportionately large load on our infrastructure;
t. attempt to gain unauthorized
access to Tombeely.com’s computer systems or engage in any activity that
disrupts, diminishes the quality of, interferes with the performance of, or
impairs the functionality of, the Service or the Tombeely.com
website; or
u. use any form of automated device or
computer program that enables the submission of postings on Tombeely.com
without each posting being manually entered by the author thereof (an
"automated posting device"), including without limitation, the use of
any such automated posting device to submit postings in bulk, or for automatic
submission of postings at regular intervals.
12. LIMITATIONS
ON SERVICE
You acknowledge that Tombeely.com may establish limits
concerning use of the service, including the maximum number of days that
Content will be retained by the service, the maximum number and size of
postings, email messages, or other Content that may be transmitted or stored by
the service, and the frequency with which you may access the service. You agree
that Company has no responsibility or liability for the deletion or failure to
store any Content maintained or transmitted by the service. You acknowledge
that Company reserves the right at any time to modify or discontinue the
service (or any part thereof) with or without notice, and that Company shall
not be liable to you or to any third party for any modification, suspension or
discontinuance of the service.
13. ACCESS
TO THE SERVICE
Company grants you a limited, revocable, non-exclusive
license to access the Website to avail the service for your own personal use.
This license does not include any collection, aggregation, copying,
duplication, display or derivative use of the service nor any use of data
mining, robots, spiders, or similar data gathering and extraction tools for any
purpose unless expressly permitted by the Company. A limited exception is
provided to general purpose internet search engines and non-commercial public
archives that use such tools to gather information for the sole purpose of
displaying hyperlinks to the service, provided they each do so from a stable IP
address or range of IP addresses using an easily identifiable agent and comply
with our robots.txt file. "General purpose internet search engine"
does not include a website or search engine or other service that specializes
in classified listings or in any subset of classifieds listings such as jobs,
housing, for sale, services, or personals, or which is in the business of
providing classified ad listing services. Company permits you to display on
your website, or create a hyperlink on your website to, individual postings on
the service so long as such use is for non-commercial and/or news reporting
purposes only (e.g., for use in personal web blogs or personal online media).
14. FINANCIAL
DETAILS
User agrees, understands and confirms that the credit / debit
card details or other financial details provided, for availing of services on
the Website will be correct and accurate and user shall not use the credit
/debit card or financial facility which is not lawfully owned / obtained by the
user. User also understands that any financial information submitted by the
user is directly received by Company’ acquiring bank and not taken by Company
directly. Company will not be liable for any credit / debit card fraud. The
liability for use of a card fraudulently will be on the user and the onus to
''prove otherwise'' shall be exclusively on user. Company and its associated
acquiring bank or financial institutions reserve the right to recover the cost
of goods, collection charges and lawyers fees from persons using the Website
fraudulently, initiate legal proceedings against such persons for fraudulent
use of the Website and any other unlawful acts or acts or omissions in breach
of these terms and conditions in accordance with applicable laws.
15. TERMINATION
OF SERVICE
You agree that Company, in its sole discretion, has the right
(but not the obligation) to delete or deactivate your account, block your email
or IP address, or otherwise terminate your access to or use of the service (or
any part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
Company believes that you have acted inconsistently with the letter or spirit
of the Terms & Conditions. Further, you agree that Company shall not be
liable to you or any third-party for any termination of your access to the
service. Further, you agree not to attempt to use the service after said
termination. Sections 2, 6, 12, 13, 15,-16 & 17 shall survive
termination of these Terms & Conditions.
16. LIMITATIONS
OF LIABILITY & INDEMNITY
Under no circumstances shall Company be liable for direct,
indirect, incidental, special, consequential or exemplary damages (even if
Company has been advised of the possibility of such damages), resulting from
any aspect of your use of the Website or the service, whether the damages arise
from use or misuse of the Website or the service, from inability to use the
Website or the service, or the interruption, suspension, modification,
alteration, or termination of the Website or the service. Such limitation shall
also apply with respect to damages incurred by reason of other services or
products received through or advertised in connection with the Website or the
service or any links on the Website, as well as by reason of any information or
advice received through or advertised in connection with the Website or the
service or any links on the Website. These limitations shall apply to the
fullest extent permitted by law. In some jurisdictions, limitations of
liability are not permitted. In such jurisdictions, some of the foregoing
limitation may not apply to you. You agree to indemnify and hold the Company,
its officers, subsidiaries, affiliates, successors, assigns, directors,
officers, agents, service providers, suppliers and employees, harmless from any
claim or demand, including reasonable attorney fees and court costs, made by
any third party due to or arising out of Content you submit, post or make
available through the service, your use of the service, your violation of the
Terms & Conditions, your breach of any of the representations and
warranties herein, or your violation of any rights of another.
17. GENERAL
INFORMATION
The Terms & Conditions constitute the entire
agreement between you and the Company and govern your use of the service,
superseding any prior agreements between you and the Company. The Terms
& Conditions and the
relationship between you and Company shall be governed by the Egyptian laws
without regard to its conflict of law provisions. You and Company agree to
submit to the exclusive jurisdiction of the courts located at Giza, Egypt. The
failure of Company to exercise or enforce any right or provision of the Terms
& Conditions shall not
constitute a waiver of such right or provision. If any provision of the Terms
& Conditions is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties'' intentions as reflected in the provision, and the
other provisions of the Terms & Conditions remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the service or the Terms
& Conditions must be
filed within one (1) year after such claim or cause of action arose or be
forever barred. It is entirely and sole decision of the Company to use any kind
of promotion, channels of promotion to generate leads. Different way of
(channel of) promotion may be any of the following mentioned - SMS campaign,
pamphlets distribution, newspapers advertisement, yellow pages, distribution of
coupons, online promotion, website exchange links and any other way of
promotion. The promotion channel will be decided by Company for awareness and
generation of leads. All users and suppliers agree to allow Company to use
promotional material for generation of leads. Further explanation to this
agreement, Company is doing exclusive promotion by creating directory /
sub-domain web pages of car part supplier members to generate leads.
18. PICTURES
/ PHOTO USED IN THE WEBSITE
Website content has pictures. Picture are representation of
concept or service, not necessarily the original or true copy of product or
service sold.
NOTE: We update these terms from
time-to-time, regularly and all customers/visitors at Tombeely.com
agree to read it when required and company will not inform separately for
any updates of these Terms and Conditions.