By browsing through the website and by using the Services, you acquire the status of a user. The user by using the website, the Services and/or installing any of Kesando's products accepts and agrees to be bound and abide by these Terms and Conditions, (hereafter referred to as “Terms”) as well as of our Privacy Policy, (hereafter referred to as “Privacy”). In the event that the user does not follow the present Terms or any notice that may be given by Kesando while using the website services, shall constitute grounds for termination. This may include but is not limited to blocking the user’s access to Kesando services, and/or the right to use any of the products including any other decisions that may be taken by Kesando.

Kesando  strongly advises that the user print or save a copy of these Terms, even though they will be available at all times on the website.

For Business to Business, Technical and/or Regulatory queries/issues please do not hesitate to contact us through our email address: contact@kesando.com

For customer care related queries please make use of: support@kesando.com

By using this website, you agree to and will be deemed to be bound by these terms. If you do not want to be bound by these Terms, please refrain from using the website.

Specific Product Information

The website provides, Among other things, information concerning multiple products and services, the opportunity to obtain additional information concerning those products and services and/or the ability to purchase said products and services.

These Terms and the information provided within the website in no way override the terms and conditions provided on the product or service websites except as specifically provided herein. To the extent any area within the website contains specific terms and conditions or disclaimer (hereafter referred to as “specific terms”) concerning its use. Those Specific Terms are in addition to these Terms. To the extent that there is a direct conflict, between these Terms and the Specific Terms, the Specific Terms shall prevail.

Changes in Terms

Kesando has the right at any time and without prior notice, and at its sole discretion, to revise these Terms or to impose new Terms and Conditions with respect to access to and/or use of the website or its products and services.

Such revisions and additions shall be effective immediately upon posting the revised and/or additional terms and conditions on the website. You are responsible for reviewing the website periodically for any modification to these terms that may affect your rights and/or obligations hereunder. By using this website you agree that you shall be deemed to be apprised of and bound by any modification by Kesando to these Terms.

Any access or use of the website by you after revisions or additions to these terms shall constitute acceptance of such modifications.

No modification to these Terms by any party other than Kesando shall be valid or enforceable against Kesando unless expressly agreed to by Kesando in writing, and signed by a duly authorized officer of Kesando.

Termination

These Terms are effective until terminated by Kesando. Kesando may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the website, and the restrictions imposed on you with respect to the Content (defined below). All the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.

Kesando shall also have the right without notice and at any time to terminate the website or any portion thereof, and/or any products or services offered through the website, or to terminate any individual’s right to access or use the website or any portion thereof.

Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the website, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content”.

The Content may contain errors, omissions, or typographical errors and/or may be out of date. Kesando may change, delete, or update any Content at any time and without prior notice.

The Content is provided for informational purposes only and is not binding on Kesando in any way except to the extent that it is specifically indicated to be. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and/or other proprietary rights that are owned by Kesando and/or by third parties that have licensed their use to Kesando. You may view and use the Content for your personal information and for shopping and ordering on the website only, no other purposes should be entertained. You shall, upon your use retain intact all copyright and other proprietary notices.

Except as provided in the foregoing, Kesando does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by a Kesando representative is strictly prohibited.

It is also forbidden to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications, upload files, post, transmit, use, process or distribute any form of all or part of the contents on the service, if you do not have the express written permission of Kesando or, where appropriate, the rights holder.

Likewise, unless expressly authorized, it is prohibited, under the terms and subject to the penalties under current laws that are applicable, the removal or alteration of the technologies and information regarding management rights contained in the works and the subject of this transmission as well as distribution, importation for distribution, public performance, broadcasting and radio broadcasting, public communication in all its forms or making available of such works and performance or copies and transmissions which have removed or altered such information without authorization.

It is also forbidden to establish links to the web outside the limitations of using links as a means to accrue more Points in the service. If you are interested in establishing a link, you must first have the express written permission from Kesando. Notwithstanding the foregoing, it is expressly prohibited to establish any links and / or similar third party devices that lead the user directly to content and/or services offered by Kesando (“deep linking”).

The website contains copyright material, trade names and brands and other proprietary information, therefore is protected by copyright laws, registered and unregistered trademarks, database rights and other intellectual property rights under the General Data Protection Regulation (GDPR) (EU) 679/2016 and related applicable trademark and copyright rights regulations)

Notice and procedure for making claims of intellectual property infringement

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide Kesando with a written statement, signed under oath/penalty of perjury, with a description of the alleged infringement.

Send this information to:

legal@kesando.com - Attention: Kesando Legal team.

Linked Third Party Sites

Links to other Internet sites operated by third parties, including Kesando vendors, do not constitute sponsorship, endorsement, and/or approval by Kesando of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Kesando. Kesando is thus not responsible for the availability, content, security, policies, and/or practices of the linked sites, including but without limitation to terms and conditions, privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

Prices; Orders

All prices displayed on the website are quoted in Euro’s (€). Kesando reserves the right to, without prior notice, discontinue and/or change specifications and prices on products and services offered on the website without incurring any liabilities and/or obligations to user’s. Products displayed on this site are available while supplies last, user’s acknowledge and understand that, at no fault of Kesando, availability of some products and services may be subject to jurisdictional limitations and availability.

Descriptions of, or references to, products and/or services on the website do not imply endorsement of that product and/or service, or constitute a warranty, by Kesando. Kesando reserves the right to use an agent(s) for processing of orders/subscriptions and/or hosting of/shipping of products and services.

Your receipt of an order confirmation does not constitute Kesando’s acceptance of an order. Prior to acceptance of an order, verification of information may be required. Kesando reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Kesando for any reason. Kesando reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Kesando shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your mobile account charged. If your mobile account has already been charged for the purchase and your order is cancelled, Kesando shall promptly issue a credit to your bank account in the amount of the incorrect price.

Disclaimers and Limitations of Liability as to the Website and Content

Kesando makes no warranties or representations whatsoever with respect to the website, any linked site or its content, including, but not limited to, the availability of any site or the content, information and materials on it or the accuracy, completeness, or timeliness of that content, information and materials. Kesando also does not warrant or represent that your access to or use of the website or any linked site will be uninterrupted or free of errors or omissions, those faults will be corrected, or that the website or any linked site is free of computer viruses or other harmful components. Without limiting the foregoing, all content provided on the website is provided to users “as is,” without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, non-infringement, security or accuracy. The “as is” condition of content is an expressly made condition of any transaction arising through or as a result of the website and supporting services.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability as to Products and Services

Under no circumstances shall Kesando, its suppliers and/or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website, even if Kesando is expressly advised of the possibility of such damages. In no event shall Kesando's liability exceed the price you paid for the product or service that is the subject of the claim.

Indemnification

You agree to defend, indemnify, and hold harmless Kesando, its affiliates, subsidiaries, and/or their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and/or costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the website, products and or services. The foregoing indemnification obligation shall survive the termination of these Terms and the website and any product or service provided to you arising out of or relating to your use of the website.

Submissions

Except as otherwise expressly provided herein or within the Kesando Privacy Statement posted on the website, any communication or material you transmit to the website by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as nonconfidential and non-proprietary and may be used by Kesando, its affiliates and/or subsidiaries for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting as allowed by law. Furthermore, Kesando, its affiliates and subsidiaries are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the website for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication, and you shall receive NO compensation for Kesando use thereof.

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Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Kesando of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be deemed to be unlawful by a competent court, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of these Terms.

Kesando shall not be liable for any non-performance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, terrorism, strikes, lockouts, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Arab Emirates. Any dispute or difference arising out of or in connection with this Agreement shall be determined by the Courts of the United Arab Emirates, waiving both parties to any other court that may also correspond.