Terms and Conditions | Umniah Jordan

Introduction

These terms and conditions were issued by Umniah Mobile Company referred to as the “Company”. Please read the terms and conditions (“Terms and Conditions”) carefully before using the Umniah eShop (“Site”). This e-commerce site provides features and other products and services to you when you visit it or shop on it. By continuing to browse, use the Site and/or purchase any of our products and/or Services shown on this Site, you confirm that you agree to be bound by the following Terms and Conditions.

If you do not agree with these Terms and Conditions, you should not proceed any further on the Site. This document is a legally binding agreement between you as the user(s) of the Sites (hereinafter referred to as “you”, “your” or “User”) and the website (hereinafter referred to as “we”, “Our” or “Site”).

The Company may amend any of these terms at any time by posting the relevant amended and restated Terms on the Site. By continuing to access or use the Services or the Sites, you agree that the amended and restated Terms will apply to you. You may be required to enter into a separate agreement(s), whether online or offline, with the Company and/or our affiliate for any service (or features within the services) or any products, should this be required by the Company`s regulator or in internal requirements (each an “Additional Agreement”). If there is any conflict and/or inconsistency between the Terms and the Additional Agreement, the Additional Agreement shall prevail.

Application and Acceptance of the Terms and Conditions

Through accessing, using or shopping on the website, users acknowledge and confirm the following:

General Details

• You have legal and contractual capacity.
• You are not restricted from entering any contract or agreement.
• You declare that the account is registered under your name, and that you are licensed to use it.
• You are required to uphold and use your account on the website to purchase the available products on the Company`s website in accordance with these Terms and Conditions.

Personal Information & Data

• You hereby consent and acknowledge that by providing information and data to the Company, the Company or any of its affiliates, subsidiaries, vendors or suppliers has the right to process your information and data in accordance with the Privacy Policy which relates to the usage, processing, reviewing and collection of all the private information of all the users, as this can be found on the following link.
• The Company may request you provide additional information such as your credit card number and billing address if you choose to access and/or download any Services that incur a cost.
• The Company may collect information about your visit and use of the Site and/or Services, including the pages you view, the links you click, and other actions taken in connection with the Site and/or Services. The Company shall also collect certain standard information that your browser sends to every website you visit, including but not limited to your IP address, browser type and language, access times, and referral website addresses.
• The data collected by the Company will be used for purposes including but not limited to:
• Operation and improvement of the Site and the delivery of the Services.
• Carrying out any transactions that you may have requested and collecting payments that are due from you.
• Performance of research and analysis aimed at improving The Company's products, Services, and technologies.
• Display of content and advertising that are customized to your interests and preferences, such as receiving e-mails, messages, and phone calls regarding the Company’s Services.
• Communicating with you including but not limited to certain mandatory service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements.
• Information and data collected by the Company through the Site and Services may be stored and processed either by the Company or by a third party. By using the Site and/or Service, you consent to any such storage and/or transfer of information and data by The Company.
• You hereby declare and warrant the following:
• All the information you have provided is true, accurate, current and complete.
• The information and/or material you have provided is fit for publication and that you hereby undertake to indemnify The Company if any third party takes action against The Company in relation to the information and/or material that you submit.
• You warrant that The Company may publish the information and/or material you submit and/or make use of them, or any concepts described in them in The Company products or Services without liability and you agree not to take action against The Company in relation to this information.
• You hereby consent and acknowledge that The Company may disclose your information and data to third parties for the performance of specific tasks. Such parties will be permitted to obtain only the information they need to perform their tasks, and they will be required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.

Member Accounts

User must be registered on the Site to access or use some Services or to purchase any product (a registered User is also referred to as a “Member” below).  One User may only register one member account on the Site. The Site may cancel or terminate a User’s member account if the Company has reasons to suspect that the User has concurrently registered or is in control of two or more member accounts.

Further, The Company may reject User’s application for registration for any reason.

Upon registration on the site, company shall assign an account and issue a member ID and password to each registered User. An account may require a web-based email account with limited storage space for the Member to send or receive emails.

• Each combination of Member ID and password is unique to a single account. Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all use of and activities that occur under your account (whether such use or activities are authorized or not). No Member may share, assign, or permit the use of your Member account, ID or password by another person, even to other individuals within the Member’s own business entity (where applicable). The Member agrees to notify the Site immediately if you become aware of any unauthorized use of your password or your account or any other breach of security in your account. 
• The Member agrees that all use of the Site, product and services, and all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any Services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member. 
• The Member acknowledges that sharing your account with other people or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to the Site or other Users of the Site. The Member shall indemnify the Company, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered because of the multiple use of your account. The Member also agrees that in case of the multiple use of your account or the Member’s failure to maintain the security of your account, the Site shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member’s account without liability to the Member.
• The Company reserves the right in our sole discretion to remove, modify or reject any User Content (in whole or in part) that you submit to, post or display on the Site, which we reasonably believe (i) violates any applicable laws and regulations, (ii) violates the Terms hereunder, (iii) could subject the Company or our affiliates to liability, (iv) infringes any Third Party Rights, (v) could harm the interests of our Members, third party or the Company or our affiliates, or (vi) is otherwise found inappropriate in the Company`s sole discretion.
• If any Member breaches any Terms, or if has reasonable grounds to believe that a Member is in breach of any Terms, the Company shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member’s account and any and all accounts determined to be related to such account by the Company in its sole discretion without liability for any losses or damages arising out of or in connection with such suspension or termination; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member’s use of any features or functions of any Service as the Company may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as the Company may deem necessary or appropriate in its sole discretion. 

Procedures of Purchase

The purchases shall be subject to agreement and/or contracts related to each service being sold hereunder, and you commit to sign such an agreement and/or contract.

Methods of Payment

You can pay using the following methods if you fully comply with the legal requirements of the selected payment method:

• Apple Pay
• Uwallet
• Bank Installments (from specified banks)
• Cash or Card on delivery
• Direct Billing
• Credit or Debit Card

Return Policy

The user acknowledges that all products that are being sold are non-refundable and/or non-exchangeable, except in certain cases mentioned in our return policy, as this can be found here.

Orders

The Company has the right to reject, cancel and /or decline any order in some circumstances, such as but not limited to the availability of the product, the incorrect pricing of the product, the suspicion of fraud, and/or if the product may exceed a long time to be shipped and received. The Company will return fees, if they have been paid, for any transaction that has been canceled or declined.

Shipping, Delivery and Taxes

Shipping and/or delivery will only be available within the Hashemite Kingdom of Jordan. The products and/or services might be shipped and delivered by a third party and thus the User recognizes that the delivery time and/or shipping are under the control of a third party and are not the responsibility of the Company. The shipping and delivery costs, and all taxation will be according to the relevant rules and regulations.

Use of Cookies

• Cookies are text files that are placed on your hard disk by a web page server, these text files contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your device.
• Cookies are used by The Company to store your preferences and to help you save time and provide you with a more personalized service on our Site without the constant need to re-enter the same information when you return to a specific web page.
• You may choose to accept or decline cookies. Although most web browsers automatically accept cookies, you may be able to modify your browser setting to decline cookies if you prefer. Declining cookies may result in the inability to sign in and/or inaccessibility to some of the Site's features.
• If you are using a public or shared device and do not want this information to be stored, we advise you to delete any cookies that may have been stored on the device.  

Limitation of Liability

• The Company shall under no circumstances assume any responsibility for and shall not endorse unless expressly stated, information and/content created or published by third parties that is included in the Site and the Services, or which may be linked to and from the Site.
• The Company hereby declares that it shall use its reasonable endeavors to ensure the maintenance and availability of the Site and the Services but claims no responsibility and/or liability under no circumstances for the results of any defects that exist on the Site and/or content.
• Under no circumstances shall The Company be liable for damages including but not limited to any special, indirect, incidental, punitive or consequential damages or any damages whatsoever, whether in an action of contract, negligence, arising out of or in connection with the performance of or use of Services available on the Site and in particular, but without limitation to the foregoing, The Company specifically excludes all liability whatsoever in respect of any loss arising as a result of:
• any loss of any Services or your content resulting from delays, non-deliveries, missed deliveries, or Services interruptions; and
• defects that may exist or for any costs, loss of profits, loss of your content or consequential losses arising from your use of, or inability to use or access or a failure, suspension or withdrawal of all or part of the Site and the Services at any time.
• Under no circumstances shall The Company be liable for the following:

1. any viruses, bugs and/or any other disabling features that may affect your access to or use of the Site and/or your device.
2. any incompatibility between the Site and other web sites, Services, software and hardware.
3. any delays or failures you may experience in initiating, conducting, or completing any transmissions or transactions in connection with the Site in an accurate or timely manner.

Remedies

Your sole and exclusive remedy under these Terms and Conditions is to discontinue using the Site and/or the Services in case you do not agree with, or you are not satisfied with the Site and/or Services, or you have any claims whatsoever against The Company in respect to the Site and/or Services.

Indemnity by You

You hereby undertake to fully indemnify and to hold The Company harmless in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly or indirectly by The Company from and against any claim brought by a third party resulting from your breach or non-observance of any of this Terms and Conditions and/or the use of the Site and the Services or the provision of content to The Company by you and in consequence of such use of the Site and the Services or provision of content.

General

• Amendment: The Company reserves the right to amend the Terms and Conditions, including any charges associated with the use of the Site. You are responsible for regularly reviewing these Terms and Conditions, and any additional terms posted on the Site. Your continued use of the Sites after the effective date of such amendments constitutes your acceptance of and agreement to such amendments.
• Assignment: The Company may assign these Terms and Conditions as a whole or in part to any third party at its discretion. You hereby undertake that you will not assign, re-sell, sub-lease or in any other way transfer your rights or obligations under this Terms and Conditions or part thereof.
• Severability: These Terms and Conditions are severable in that if any provision is determined to be illegal or unenforceable by any court of competent jurisdiction such provisions shall be deemed to have been deleted without affecting the remaining provisions of these Terms and Conditions.
• Waiver: The Company's failure to exercise any rights or provisions of these Terms and Conditions shall not constitute a waiver of such rights or provisions unless acknowledged and agreed to by The Company in writing.
• Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hashemite Kingdom of Jordan, and you hereby submit to the jurisdiction of the competent Courts of Amman / Qaser Al Adel -Abdali.
• Representations: You acknowledge and agree that in agreeing to this Terms and Conditions you do not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Terms and Conditions or not) other than as expressly set out in this Terms and Conditions as a warranty.
• Force Majeure - The Company shall not be liable in respect of any breach of this Policy due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom The Company is not responsible.
• E-mail communication: by accepting the Terms and Conditions, you agree to receive any electronic communication that is related to your usage through the following e-mail address: info@umniah.com
• Termination, Access Restriction – The Company hereby reserves the right to terminate and/or to suspend your access to the Site and/or Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Site and/or Services will immediately cease.
• Language – The Terms and Conditions was drafted in two original counterparts both in the English and Arabic languages. In the case of contradiction between the two versions, the terms of the English version shall prevail.