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Terms and Conditions

Welcome to Masamer.com. Masamer w.l.l and/or its affiliates (“Masamer”) provide website features and other products and services to you when you visit or shop at Masamer.com, use Masamer products or services, use Masamer applications for mobile, or use software provided by Masamer in connection with any of the foregoing (collectively, “Masamer Services”). Masamer provides the Masamer Services subject to the following conditions.

  • By using Masamer Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Masamer Services, and sometimes additional terms may apply. When you use a Masamer Service (for example, Your Profile, Gift Cards, etc..) you also will be subject to the guidelines, terms and agreements applicable to that Masamer Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. PRIVACY

Please review our Privacy Policy, which also governs your use of Masamer Services, to understand our practices.

2. ELECTRONIC COMMUNICATIONS

When you use Masamer Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Masamer Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT

All content included in or made available through any Masamer Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Masamer or its content suppliers and protected by Kingdom of Bahrain and international copyright laws. The compilation of all content included in or made available through any Masamer Service is the exclusive property of Masamer and protected by Kingdom of Bahrain and international copyright laws.

4. TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Masamer Service are trademarks or trade dress of Masamer in the Kingdom of Bahrain, GCC countries and other countries. Masamer’s trademarks and trade dress may not be used in connection with any product or service that is not Masamer’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Masamer. All other trademarks not owned by Masamer that appear in any Masamer Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Masamer.

5. LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Masamer or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Masamer Services. This license does not include any resale or commercial use of any Masamer Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Masamer Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Masamer or its licensors, suppliers, publishers, rightsholders, or other content providers. No Masamer Service, nor any part of any Masamer Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Masamer. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Masamer without express written consent. You may not use any meta tags or any other “hidden text” utilizing Masamer’s name or trademarks without the express written consent of Masamer. You may not misuse the Masamer Services. You may use the Masamer Services only as permitted by law. The licenses granted by Masamer terminate if you do not comply with these Conditions of Use or any Service Terms.

6. YOUR ACCOUNT

You may need your own Masamer account to use certain Masamer Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Masamer does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Masamer Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Masamer Household. Masamer reserves the right to refuse service, terminate accounts, terminate your rights to use Masamer Services, remove or edit content, or cancel orders in its sole discretion.

7. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Masamer reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Masamer a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Masamer and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Masamer for all claims resulting from content you supply. Masamer has the right but not the obligation to monitor and edit or remove any activity or content. Masamer takes no responsibility and assumes no liability for any content posted by you or any third party.

8. RISK OF LOSS

All purchases of physical items from Masamer are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

9. PRODUCT DESCRIPTIONS

Masamer attempts to be as accurate as possible. However, Masamer does not warrant that product descriptions or other content of any Masamer Service is accurate, complete, reliable, current, or error-free. If a product offered by Masamer itself is not as described, your sole remedy is to return it in unused condition.

10. PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Masamer and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Masamer.

With respect to items sold by Masamer, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Masamer is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally charge your credit card before your order has entered the shipping process.

11. APP PERMISSIONS

When you use apps created by Masamer, such as the Masamer App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

12. SANCTIONS AND EXPORT POLICY

You may not use any Masamer Service if you are the subject of GCC sanctions or of sanctions consistent with GCC law imposed by the governments of the country where you are using Masamer Services. You must comply with all GCC countries respectively in regards export and re-export restrictions that may apply to goods, software (including Masamer Software), technology, and services.

13.  OTHER BUSINESSES

Parties other than Masamer operate stores, provide services or software, or sell product lines through the Masamer Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Masamer. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Masamer does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MASAMER SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MASAMER SERVICES ARE PROVIDED BY MASAMER ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MASAMER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MASAMER SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MASAMER SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MASAMER SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, MASAMER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MASAMER DOES NOT WARRANT THAT THE MASAMER SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MASAMER SERVICES, MASAMER’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MASAMER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MASAMER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MASAMER SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MASAMER SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

15. DISPUTES

Any dispute or claim relating in any way to your use of any Masamer Service, or to any products or services sold or distributed by Masamer or through Masamer.com will be resolved by binding arbitration, rather than in court.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

16. APPLICABLE LAW

By using any Masamer Service, you agree that the Kingdom of Bahrain Arbitration Act, and the laws of the Kingdom of Bahrain, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Masamer.

17. OUR ADDRESS

Masamer.com

Flat 23, Building 3391B, Road 2184, Block 721, JidAli

https://www.Masamer.com

18. ADDITIONAL MASAMER SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Masamer Services (the “Masamer Software”).

  • Use of the Masamer Software. You may use Masamer Software solely for purposes of enabling you to use the Masamer Services as provided by Masamer, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Masamer 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 Masamer Software in whole or in part. All software used in any Masamer Service is the property of Masamer or its software suppliers and is protected by the Kingdom of Bahrain and international copyright laws.
  • Use of Third Party Services. When you use the Masamer Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  • No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Masamer Software, whether in whole or in part.
  • Updates. We may offer automatic or manual updates to the Masamer Software at any time and without notice to you.
  • Government End Users. If you are a Government end user, we are licensing the Masamer Software to you as a “Commercial Item”, and the rights we grant you to the Masamer Software are the same as the rights we grant to all others under these Conditions of Use.
  • Conflicts. In the event of any conflict between these Conditions of Use and any other Masamer or third-party terms applicable to any portion of Masamer Software, such as open-source license terms, such other terms will control as to that portion of the Masamer Software and to the extent of the conflict.

Updated on1 February 2021