Table Of Contents
2. ACCOUNT AND USER
2.1 In order to access certain functions of the Service, including the ability to sell, order and purchase products, the User must register and create an Account on the Site, secured by a password. Any Account so created is personal and exclusive to the User and is non-transferable to any third party.
2.2 The User represents and warrants that it is al least 18 years old and that the information it provides while using the Site (including without limitation, the information provided for the Account such as the name, date of birth, e-mail address, bank card details and other details) is true and accurate and undertakes to ensure that such information is kept updated. The User shall be liable for any use of the Service and the Site by anyone through its Account. Alghanim reserves the right to carry out checks to verify, whether by itself or through a Third Party Provider, at any time the information provided by the User or associated to the Account.
2.3 The User is responsible for maintaining the confidentiality of its Account and its credentials and for restricting access to its computer, and it agrees to accept responsibility for all activities that occur under its Account.
2.4 The User acknowledges and agrees that it is its sole responsibility to back-up any files or data from its Account. X-cite does not accept any responsibility or liability for any lost files or data or disclosure of private information that has not been removed from the Account.
2.5 While using the Site, the User will be asked to provide voluntarily certain Personal Data. X-cite is committed to process such Personal Data in accordance with the requirements of the applicable data protection laws and regulations in the State of Kuwait. With regard to the provided Personal Data, the User is subject to the terms of the Privacy Notice which clarify the processing terms of the Personal Data.
3. LICENSE AND SOFTWARE
3.4 The User shall not incorporate any portion of the Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to or license the Software in whole or in part. The User shall not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with any Software, whether in whole or in part.
3.6 X-cite and/or any Third Party Provider may carry out automatic or manual updates to any Software at any time and without any notice to the User.
4. INTELLECTUAL PROPERTY
4.2 X-cite Intellectual Property Rights are rights owned by or licensed to X-cite, unless otherwise noted. X-cite Intellectual Property Rights are variously protected by the laws of the State of Kuwait and other countries. The Use of any of these X-cite Intellectual Property Rights may not be made without the prior written consent of X-cite. Without limiting the generality of the aforementioned, X-cite Intellectual Property Rights may not be used in connection with any product or service that does not belong to X-cite, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Alghanim. All other trademarks not owned by X-cite that appear on the Site or any Service are the property of their respective owners and may be subject to their owners’ terms.
4.4 The Site may provide the opportunity for the Users to post some User Content and Feedback on the Site. The User represents and warrants that any of the User Content and Feedback submitted on the Site through its Account is original and does not infringe the copyright of others, and the User hereby grants Alghanim a perpetual, irrevocable, non-exclusive, royalty free license to use such User Content and Feedback, without any further recourse to the User, and the User hereby waives all rights in such User Content and Feedback. The User agrees that the User Content and Feedback is not contrary to public moral or is defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to any Applicable Law.
4.5 X-cite has the full right, but not the obligation, to monitor and edit or remove any activity or User Content and Feedback and takes no responsibility and assumes no liability for any User Content and Feedback.
4.6 X-cite and/or any Third Party Provider may carry out automatic or manual updates to any Software at any time and without any notice to the User.
5. OTHER BUSINESSES
Third parties operate stores, display and sell product or/and provide services or software (including the Software) on the Site. Whenever the User purchases or uses any of the products or services offered by third parties, the User acknowledges its knowledge that the purchasing and contracting is being done directly with those third parties, not from or with X-cite. X-cite is not responsible for examining or evaluating, and does not warrant, the offerings of any of these third parties (including the content of their websites). X-cite does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. It is the User’s sole liability to carefully review such third parties’ products and services’ terms and conditions, their privacy statements, and other conditions of use.
6. DISCLAIMER, LIABILITY AND INDEMNITY
6.1 X-cite does not warrant that the Site or any of the Services available through it will be uninterrupted or free from errors. There may be delay, omissions, interruption, and/or inaccuracies in the Site and/or the Services. X-cite makes no representation or warranties about the accuracy, completeness, timeliness, reliability, or non-infringement of any content on the Site or Services available through it.
6.2 Although X-cite takes reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Site, X-cite does not represent or warrant that the Site or the Service or any material that may be made available through them are free from such destructive features. X-cite is not liable for any damages or harm attributable to such features or arising directly or indirectly from such features.
6.3 Any links or references to other Internet sites contained on the Site are provided by X-cite merely as a convenience to the Users, and X-cite is not responsible for the content or operation of any such linked Internet sites. Any hyperlinks to such linked Internet sites should no way be construed as an endorsement, representation or promotion by X-cite as to the content, representation, accuracy, products or services found or otherwise described in such linked Internet sites. Use of those linked Internet sites/hyperlinks is done at the User own risk and cost.
6.4 In no event shall X-cite be liable to the User or to any third party for any direct, incidental, indirect, special or consequential losses, damages whatsoever (including, but not limited to, lost profits, business interruption, loss of programs or other data), even if X-cite has been advised, knew, or should have known of the possibility of such damages, arising out of or related to: (i) the User’s use of or reliance on the Site, any information, hyperlinks or content contained therein, or the Services included on or otherwise made available to the User through the Site; (ii) the User’s provision of information, personal or otherwise, to X-cite; (iii) the provision of the Services on the Site; or (iv) acts or negligence on the part of X-cite, its directors, employees, advisors or agents.
6.5 TO THE FULLEST EXTENT PERMITTED BY LAW, X-CITE DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SITE OR THE SERVICES, OR WITH RESPECT TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION PROVIDED BY X-CITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT. THE SITE, THE SERVICES AND ALL INFORMATION, LINKS, CONTENT, SOFTWARE, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE USER ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY THAT IT WILL BE UNINTERRUPTED OR ERROR FREE. THE USER EXPRESSLY AGREE THAT ITS USE OF THIS SITE OR THE SERVICE IS AT ITS SOLE RISK.
6.6 Notwithstanding anything herein to the contrary, X-cite’s aggregate liability (whether in contract, tort or otherwise) for all loss or damage that the User may incur on any account whatsoever, arising out of its use of the Site, shall be limited to a sum equal to the amount paid or payable by the User for the Service provided by X-cite in respect of one incident or series of incidents attributable to the same cause.
7.2 The User’s use of the Site shall be governed by and construed in accordance with the laws of the State of Kuwait. Any dispute arising hereunder or in connection herewith shall be resolved amicably by discussion between the User and X-cite, failing which, the matter in dispute shall be submitted to be finally and exclusively settled by the competent courts of the State of Kuwait.
7.6 The User consents to receive communication from X-cite electronically. X-cite may communicate with the User by e-mail or by posting notices on the Site. The User agrees that all agreements, notices, disclosures, and other communication that X-cite provides to the User electronically satisfy any legal requirement that such communication be in writing.
a. “Account” means any User account created on the Site;
b. “Affiliate” means, with respect to any person or entity, any other person or entity who, directly or indirectly, through one or more intermediaries, Controls, is Controlled by or is under common Control with such person or entity;
c. “Alghanim” means the group of companies composes of X-cite and all its Affiliates under Alghanim Industries;
d. “Applicable Law” means with respect to any person or entity, any law, statute, treaty, rule, regulation, regulatory or legislative requirement, ordinance, license, restriction, judicial or administrative order, code, common law, or other pronouncement having the effect of law of (i) the jurisdiction where such entity was incorporated and operates its business and (ii) the State of Kuwait;
e. “Control” including the terms “controlling”,“controlled by”and “under common control with”means the possession, directly or indirectly, of more than 50% of the power to direct or cause the direction of the management and policies of a person or entity, whether through the ownership of voting securities, as trustee or executor or as general partner, by contract or otherwise, including the ownership, directly or indirectly, of securities having the power to elect a majority of the board of directors or similar body governing the affairs of such person or entity
f. “Privacy Notice” means the set of terms and conditions that regulates the personal data privacy on the Site, available on https://www.xcite.com/cookie-policy
g. “Service” means any service available on the Site and performed either by X-cite or its Third Parties Providers; including without limitation, the warehousing, the shipping, the return handling;
h. “Site” means the website, the primary home page of which is identified by the url www.xcite.com and any mobile device application or desktop application, developed by X-cite or on its behalf, and any successor or replacement of such;
i. “Software” means the solution(s) or the system(s) used to operate the Site and/or the Services;
j. “Intellectual Property Right” means any patent, copyright, trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Applicable Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing;
k. “Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person which is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
l. “Service Terms” means the terms and conditions that regulate the provision of a Service;
m. “Third Party Provider” means a third-party service provider that X-cite appoints to perform any of the Services or provide the Software;
o. “User” means any person or entity, including without limitation a customer, seller or Third Party Provider, using the Site or the Services;
p. “User Content and Feedback” means all materials made available by the User on the Site; and
q. “X-cite” means X-cite General Trading Co. SAK(C).