Website user terms
1. Application
The Website Use Terms must apply automatically when the user visits the Websites and makes use of it. No explicit consent of the user is necessary.
“These Website Use Terms govern your visit to, and your use of, the jerseymep.com website in general.
By using our website, you are deemed to accept these terms and conditions. If you cannot accept any of these terms and conditions, you are not entitled to use our website.
2. Available Access to Our Website
A website must not necessarily be available at all times, even though users can be frustrated if the
website is down for a particular reason.
- “Access to and the use of our website is allowed on a temporary basis. We reserve the
right to withdraw or amend our service on our website without notice. We will not be
liable if our website is not available at any time, for any reason. - Some parts of our website are only available to registered users.
- From time to time, our website will not be available due to planned updates,
maintenance operations or the introduction of new services. We will try to limit such
operations to (the hours between 10 PM and 5AM) and we will issue a warning for any
planned maintenance (…) days upfront. - In case of urgent maintenance, we will have the right to restrict the availability of our
website without warning.”
3. Intellectual Property
- “The content of the Mepstores.com website is protected by copyright, trademarks and
service marks, database rights and other intellectual property rights. We are the owner
or licensee of such rights. - You may print or reproduce reasonable parts of the content for the purpose of your
own personal, non-commercial use, provided that you keep and display all copyright
notices and proprietary notices. - You may not otherwise reproduce, copy, modify or distribute nor use for any commercial
purposes, any of the materials, information or other content displayed on the Name.
qa website without our explicit prior written permission. - You may not reproduce an unreasonably large volume of the content of our website
without our explicit prior written permission, nor manually, nor using automatic means.
Framing and embedding such content will be regarded as reproduction.”
4. Reliance on Information
related to the products or services manufactured or sold by the merchant. This is important precontractual information that may influence the decision of the consumer to buy a product or
service. However, websites may contain other kinds of information, even written by third parties.
The merchant cannot always assume liability for such kind of information.
5. Acceptable Use
Visitors of the website must abstain from harmful actions that may damage the website or the reputation of the merchant, or even of third parties. In order to have a claim against a visitor who does not act in an acceptable manner, it is preferable to emphasize these requirements in the Website Use Terms.
“You may visit and use the jerseymep.com website only in accordance with the principles of
acceptable and lawful use and for acceptable and lawful purposes.
This means that it is not allowed to use the jerseymep.com website:
– in any way that infringes any applicable local, national or international law or
regulation;
– in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose,
or creating an unlawful or fraudulent effect;
– for the purpose of harming or attempting to harm minors in any way;
– for gaining unauthorized access to computer systems;
– in order to interfere with any other person’s use or enjoyment of the jerseymep.com
website;
– in order to interfere, or gain unauthorized access to, networks or websites or
equipment linked to the jerseymep.com website, or owned by any third party;
– to transmit, or to procure the sending or uploading of any unlawful, unsolicited
or unauthorized advertising or promotional material, or any other form of such
solicitation or marketing (e.g. spam, junk mail, chain letters, pyramid systems);
– to deliberately transmit, upload or otherwise diffuse information that is discriminating,
false, libelous, obscene or insulting;
– to try to re-transmit, send or upload or otherwise diffuse any information that is not
allowed according to these terms, after it has been refused or removed by us;
– to transmit any data or material containing viruses, Trojan horses, worms, timebombs, spyware, adware, malware or any other harmful code designed to adversely affect computer software or hardware;
– to impersonate another person than yourself
Some of the above mentioned actions can be regarded as criminal offences.”
6. Suspension or Termination of Use
A warned person should not be frustrated if his use of the Website would be suspended or
terminated when he infringes the rules…
“We have the right to determine in our discretion whether there has been a breach of
our terms and conditions through your use of our website. When we believe that such
breach has occurred, we may take any action that we believe is appropriate, including
an immediate temporary suspension of the use of our website or a permanent
termination of such use, through disabling your password or otherwise.
Furthermore, in such case we have the right to remove or refuse any posting or material uploaded by you on our website, and in case of criminal offences or other unlawful actions we will have the right to inform the law enforcement authorities if we feel that such is necessary, and we may co-operate with such authorities by disclosing your identity to them.
Upon a legitimate request of the competent public authorities, or a complaint of third parties that seems legitimate at first sight, we will have the right, and possibly even an obligation, to undertake any of the above-indicated actions.
The actions mentioned herein will not limit any other possible actions under Qatar Law, including legal proceedings and/or claims for damage compensation or indemnification.”
7. Advertising and Sponsorship
Our website may contain advertising or sponsorship through links or banners. The content of advertisements is not submitted to us prior to the publication. Only the advertisers must ensure that any advertising complies with the legal, ethical or sectoral requirements. We are not responsible for any content of such advertisements.
8. Links with Other Websites
“Our website may include links to other websites or material. We do not warrant that
such links are continuously operational. We are not responsible for any linked websites
or linked material, which is beyond our control.
Other websites are permitted to link to our homepage, provided that this is done
in a manner that is fair and legal, in accordance with the principles set out in our
acceptable use policy (see above) and without damaging our reputation, and without
implying or suggesting any association, approval or endorsement from us.
The framing of a part of our website, or a deep link into our website, is only permitted after our prior written agreement.”
9. Your Liability
Because liability is a serious matter, it is appropriate to stipulate a clear warning.
“You will be held responsible for all losses, costs and expenses incurred by us, including
attorney’s expenses, all damages, indemnities or fines awarded against us by any court or
other competent authority, and all sums paid by us as a result of any settlement agreed by us,
arising out or in connection with:
– Any claim by any third party or authority that the use of the jerseymep.com website by you
is defamatory, offensive or abusive, or of an obscene nature, or is illegal, or in breach
of an applicable code of practice;
– Any claim by any third party that the use of the jerseymep.com website by you infringes that third party’s copyright or other intellectual property rights of whatever nature.”
10. Our Liability
It is important to frame and, where possible, to limit the liability of the trader.
“As stated above in these Website Use Terms, we do not accept liability for the
unavailability of the website, nor for actions or statements of third parties on our
website.
The information displayed on our website is provided without any guarantees,
conditions or warranties as to its accuracy, except for information about our own
goods or services, insofar you, as a consumer, may reasonably assume that such
information is correct.
Except as otherwise provided, we hereby expressly exclude any liability for any direct,
indirect or consequential loss or damage incurred by you in connection with the
use, the inability to use, or the results of the use of our website, any information or
materials displayed or incorporated in it, and any websites linked to it. Thus, we exclude,
amongst other, the liability for loss of data, loss of business, loss of opportunities as
well as moral damage
However, we do not exclude any liability that would arise from fraudulent representation
by us or an employee of our company, if that would occur.
We try insofar this is reasonably possible, to avoid the occurrence of malware on our website or that is transferred making misuse of our website; however, we are only able to apply the normal precautions against such malware and we cannot guarantee the absence of such malware.”
11. Information About You
In this clause, referral is made to the Privacy Policy which is thus indirectly included in these Terms.
“We process information about you, including information about your visits to our
website, in accordance with our Privacy Policy, found here.
Using our website, you consent to such processing of data and you warrant that all data provided by you is accurate.”
12. Contractual Transactions
In this clause, referral is made to the Terms and Conditions of commercial nature (for sales and/or
services). Thus, these terms are indirectly included in these Website Use Terms.
Any contracts for the supply of goods or services that are formed through our website, are governed by our Terms and Conditions, found here.”
13. Changes to These Terms
Changes to the Terms must be automatically applicable to the users. That is why this clause will
inform them about the possible occurrence of such changes.
“We are entitled to revise these Website Use Terms at any time.
We ask you to check these pages from time to time to take notice of any changes. You are deemed to have read and accepted the modified Website Use Terms.”
13. Applicable Law and Jurisdiction
It is important to centralize all claims and disputes regarding the use of the website in one court,
and to apply a legal system that is known by the local merchant and his legal counsel. This will
avoid fragmented decisions about the application of the clauses and will also avoid fragmented
costs for proceedings in different jurisdictions.
“[The Court of Qatar] will have [exclusive] jurisdiction over any claim arising from, or
related to, the use of our website, although we retain the right to bring proceedings
against you for breach of these conditions in your country of residence or any other
relevant country that provides a legal ground for jurisdiction.
These Terms of Use and any dispute or claim arising out of or in connection with
them, shall be governed by and interpreted in accordance with the Laws of the State
of Qatar.”
The indicated jurisdiction can be defined as exclusive or not. If it is exclusive, and if the clause is
considered valid vis a vis consumers in other countries, no other court will have jurisdiction (except
if other possibilities are mentioned as in the example above). If it is not defined as exclusive, other
courts may also have jurisdiction based on the Law or treaties with other countries. The validity
of such clause vis a vis consumers can be subject to treaties with other countries or organisations
such as the GCC or bilateral treaties with certain countries.
Regarding the local consumers, a clause that would impose a strict and exclusive jurisdiction of the Court of Qatar will protect the local consumers because one centralized court would at a high level warrant the application of the different laws protecting the consumers, and the precedents of this Court would form a constant case law. The risk of fragmented and/or diverse case law throughout smaller courts or even foreign courts would thus be eliminated.