TERMS AND CONDITIONS
This page tells you information about us and the legal terms and conditions (“Terms & Conditions”) under which we sell any of the products (“Products”) listed on this Website/Mobile Applications/Social Media or any other Applications (“Digital Platforms”) if any to you.
INFORMATION ABOUT US
This Website is owned and operated by Falconpack Industries LLC, a company registered in United Arab Emirates with its registered office in Industrial Area 15, Sharjah. For the purposes of these Terms & Conditions, the terms “We” and “Us” refer to Falconpack or to one of its affiliated companies (if any) in the territory of United Arab Emirates. When you purchase Products from our Digital Platforms, you will be entering into a contract with Falconpack in your territory of residence.
WEBSITE TERMS AND CONDITIONS
These Terms & Conditions apply to your use of the our Digital Platforms. By accessing, browsing, using or registering on our Digital Platforms, you confirm that you have read, understood and agree to these Terms & Conditions in their entirety. Please check this page regularly to determine whether our Terms & Conditions have been updated - any new terms will automatically be effective when they are published on this Website.
We reserve the right to:
- Amend our terms & conditions;
- Refuse any user access to our Digital Platforms;
- Terminate user accounts;
- Modify or withdraw (temporarily or permanently) this Digital Platforms without notice; or
- Cancel customer orders at our discretion.
REGISTRATION
You may register as a customer in the Digital Platforms and as part of the registration process you will need to select a password which is in accordance with our password policy. You are solely responsible for the security of your password and account. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. We would be storing your information to be able to make your experience with our brand better.
INTELLECTUAL PROPERTY
All copyright, trademarks and other intellectual property rights in all material, content or software supplied as part of our Digital Platforms, including emails or any other form of communication with you is protected by international copyright and database right laws and shall remain at all times vested in Us or, where relevant, our franchisers/licensers.
You are permitted to use this material only as expressly authorized by Us or our franchisers/licensers. You may not extract and/or utilize the whole or any part the Digital Platforms without our express written consent.
The brand names and logos indicated on Digital Platforms and all related emails are owned either by Us or by our franchisors/licensors in the territories in which we operate.
We may provide the functionality to allow customers to provide Product ratings and reviews (“User Content”) in relation to the Products. If so, customers are solely responsible for such User Content, and you warrant that any User Content you post is accurate and that you are the sole author. We do not necessarily review User Content prior to it being posting and it may not reflect our views or opinions. We make no warranty as to the accuracy or reliability of such User Content. We reserve the right to remove User Content which in our sole opinion is deemed to be incorrect, offensive, illegal or otherwise unacceptable. User Content which provides negative reviews of Products will generally be deemed acceptable when objective, not otherwise in breach of these Terms & Conditions and posted by a verified customer.
LIMITATION OF LIABILITY
While we will use reasonable endeavor’s to verify the accuracy of any information we place on our Digital Platforms, we make no warranties, whether express or implied in relation to its accuracy or in relation to any transaction that may be conducted on or through the Digital Platforms or with customer services (including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade).
Although our Digital Platforms follows high levels of Information Security Standards, we make no warranty that our Digital Platforms will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the Digital Platforms. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Digital Platforms.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms & Conditions for:
- Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- Any loss of goodwill or reputation; or
- Any special or indirect losses
Suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms &Conditions.
Nothing in these Terms & Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
GENERAL
ENTIRE AGREEMENT
These Terms & Conditions set out the entire agreement between you and Us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
LAW
Any matter that arises out of your use of our Digital Platforms shall be governed by the applicable laws in the United Arab Emirates in which you are registered to use our Digital Platforms (assuming it is a territory in which we operate) and shall be subject to the exclusive jurisdiction of the courts of United Arab Emirates.
WAIVER
If you breach these Terms & Conditions and we take no immediate action, this does not mean that we will not be entitled to assert our rights and remedies at a later date.
SURVIVAL
Each provision of these Terms & Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Terms of Use are entered into between you and Falcon Pack Industries LLC. (“Company,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of Company's website www.falconpack.com , including any content, functionality, and services offered on or through the Services. The Services are owned by us and provided as services to its current and potential customers.
1. Acceptance of the Terms of Use.
Please read the Terms of Use carefully before you start using the Services. By using the Services or by clicking to accept or agree to the Terms of Use when that option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Terms of Sale, and our Privacy Policy (collectively, “Terms & Conditions”), found at www.falconpack.com, which are incorporated into these Terms of Use. If you do not agree to the Terms & Conditions, you must not access or use the Services.
2. Changes to Terms of Use.
You should periodically review the Terms of Use. In our sole discretion, we may modify or revise the Terms & Conditions at any time. By continuing to use the Services, you agree to be bound by such changes. Nothing in the Terms & Conditions shall be deemed to confer any third-party rights or benefits. Changes to the Terms & Conditions are effective upon their posting to the Services.
3. Changes to the Services.
We may occasionally update the content of the Services, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
4. Accessing the Services and account security.
We reserve the right to withdraw or amend the Services and any material we provide through the Services in our sole discretion and without any notice. We will not be liable if, for any reason, all or part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts (or all) of the Services to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who have access to the Services through your internet connection are aware of these Terms of Use and comply with them.
To access the Services or some of the resources that it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Terms of Sale and Privacy Policy, and you consent to all actions that we take with respect to your information consistent with our Terms of Sale and Privacy Policy.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you, and you agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. If you share this information with a third party (or authorize a third party to have access to or be linked to your account through any of the Services’ features), that individual may have access to your account and personal information, including, but not limited to, your credit card information. You agree to take responsibility for actions taken by an individual with whom you have shared or authorized access to your account.
You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier when chosen by you or provided by us at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use.
5. Internet delays.
The Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.
6. Intellectual property rights.
The Services and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and their design, selection, and arrangement) are owned by us, our licensors, or other providers of such material and are protected by U.A.E and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise use any of the material on our Services, except as follows:
- Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages from your device for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not:
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our sole option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
7. Copyrights.
You should assume everything you see or read on the Services is copyrighted (unless otherwise noted) and may not be used (except as provided in these Terms of Use or explicit text found on the Services) without our written permission. We neither warrant nor represent your use of materials displayed on the Services will not infringe on the rights of third parties not related to us. Images, photographs, or illustrations displayed on the Services are either our property or used with permission. Your or your representative’s use of these materials is prohibited unless permitted by these Terms of Use or explicit text found on the Services. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
8. Trademarks.
Our company name and logo, and all trade names, product and service names, trademarks, service marks, trade dress, logos, designs, and slogans (collectively, “Trademarks”) on the Website are protected intellectual properties of us, or our affiliates or licensors. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use such Trademarks without our written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners. Our company name and logo, and all trade names, product and service names, trademarks, service marks, trade dress, logos, designs, and slogans (collectively, “Trademarks”) on the Services are protected intellectual properties of us, or our affiliates or licensors. Nothing contained within the Services should be construed as granting, by implication or otherwise, any license or right to use such Trademarks without our written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
9. Copyright infringement.
If you believe that any content on the Services violates your copyright, please send a notice by email to marketing@falconpack.ae or mail to: Falconpack Head Office, Industrial Area 15, Sharjah. Be advised that claimants who make misrepresentations about copyright infringement may be liable for damages, including court costs and attorneys’ fees.
10. Prohibited uses.
You may use the Services only for lawful purposes in accordance with these Terms of Use. You agree not to use the Services:
- In any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United Arab Emirates or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms of Use.
- To transmit or procure the sending of any advertising or promotional material, including any junk mail, chain letter, spam, or other similar solicitation.
- To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined in our sole discretion, may harm (or expose to liability) us or the users of the Services.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other purpose not expressly authorized in these Terms of Use.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
- Attack the Services through a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
11. Reliance on information posted.
The information presented on or through the Services is made available solely for general information purposes. This information is not designed to provide any professional advice, including accounting, compliance, tax, or legal advice. While we use reasonable efforts to include accurate, reliable, and up-to-date information on the Services, we do not warrant the accuracy, completeness, or usefulness of the information. Any reliance that you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such material by you or any other visitor to the Services or by anyone who may be informed on any of its contents.
The Services may include content provided by third parties, including materials provided by users and third-party licensors. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content, other than content provided by us, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinions. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
12. Information about you and your visits to the Services.
We may collect (or you may provide) your personally identifiable information. All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
13. Linking to the Services.
You may link to the Services, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
14. Links from the Services.
If the Services contain links to other sites and resources provided by third parties, these links and resources are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have not reviewed all of these third-party sites and have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You should review the Terms of Use and Privacy Policy of every site you visit.
15. Geographic restrictions.
We provide the Services for use within United Arab Emirates. We make no claims that the Services or any of their content is accessible or appropriate outside of United Arab Emirates. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside of the United Arab Emirates, you do so on your own initiative and are responsible for compliance with local laws. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the United Arab Emirates. Treasury Department’s list of specifically designated nationals or the United Arab Emirates Commerce Department’s table of deny orders or denied persons list.
16. Disclaimer of Warranties for Services.
You understand that we cannot and do not guarantee or warrant any files available for downloading from the internet, app store or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our services for any reconstruction of any lost data.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your device, programs, data, or other proprietary material due to your use of the services or any items obtained through the services or to your downloading of any material posted on the services or any website linked to them.
Your use of the services, and any items obtained through the services is at your own risk. The services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither us nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither us nor anyone associated with us represents or warrants that the services, or any items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our services or the server that make it available are free of viruses or other harmful components, or that the services or items obtained through the services will otherwise meet your needs or expectations.
To the fullest extent provided by law, we disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, course of dealing, usage of trade, and non-infringement.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
17. Limitation of liability.
To the fullest extent provided by law, in no event will we, our affiliates, our related companies, or our licensers, service providers, employees, agents, officers, or directors be liable to anyone for damages of any kind, under any legal theory, arising out of or in connection with your use of (or inability to use) the services, any websites linked to them, any content on the services or such other websites, and any interruption, inaccuracy, error, or omission, regardless of the cause or the content, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of sales, loss of products, goods, or property, including, but not limited to, food spoilage, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, or loss of any other economic advantage, and whether or not caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
18. Indemnification.
You agree to defend, indemnify, and hold harmless us, our affiliates, related companies, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees and costs) arising out of or relating to your violation of these Terms of Use or use of the Services, including, but not limited to, any contributions made by you, any use of the Services’ content, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
19. Dispute Resolution, Arbitration, and Applicable Law.
Either parties agrees that any disputes and claims related to or arising regarding breach any of the contract’s obligations by each party, will be under UAE federal courts’ jurisdiction and the laws of UAE.
20. Waiver and severability.
No waiver of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver by us of such term or condition or a waiver of any other term or condition. Our failure to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
21. Entire agreement.
The Terms of Use and incorporated Terms of Sale and Privacy Policy constitute the sole and entire agreement between us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
22. Comments and concerns.
All questions or comments about this privacy and our privacy practices should be directed to marketing@falconpack.ae.