Terms of Use
ESET Middle East is an exclusive distributor of ESET operated by NETCURE MIDDLE EAST FZ-LLC at Off.305, Building 2, Dubai Internet City, UAE under the license from ESET,
SPOL. S R.O., Eisteinova 24 85101 Bratislava, Slovak Republic (references to “us”, “we” or “our” being construed accordingly).
1. The Service
The Online Order Service (="the Service") offers to the subscribers the opportunity to order electronically, selected goods and services, to receive information for the characteristics and the current prices of goods and services.
1.1 The Service is offered to consumers who have completed the 18th year of age.
2. Consumer’s Obligations
2.1 The Consumers are liable for any acts connected to the use of the Service.
2.2 The Service and any information provided or exchanged, should conform to and comply with the laws of UAE. Without prejudice to the generality of these terms, any acts which include the following, shall be prohibited:
(a) any act that endangers the security of the State and/or public order and/or is in breach with the current laws or good morals,
(b) the harassment of persons,
(c) the use of the products in a way incompatible to their purpose,
(d) any act that omits anything provided by law,
(e) any act that constitutes a criminal offence or instigates to commit a criminal offence,
(f) any act that constitutes tort against person or instigates tort against any person,
(g) anything that has immoral content or instigates immoral behaviour or has sexual meaning or content,
(h) anything that offends the faith and/or the principles and/or the religion of a person,
(i) anything that offends the constitutional rights of a person,
(j) anything that harms ESET's good name,
(k) anything that is racious or discriminatory,
(l) anything that refers to the activities of a famous person on implies anonymously a person without his/her consent or interferes to the privacy of any person,
(m) anything that instigates any person to get involved in dangerous acts or use dangerous substances.
3. Protection of Personal Data
ESET Middle East undertakes to take all necessary measures for the protection of the confidentiality of the consumers’s personal data which are submitted or are transmitted via the Service and is committed to comply with ESET Middle East Policy or Data Protection and Confidentiality.
4. Limitation of Liability
4.1 ESET Middle East shall not be liable for any advertisement, services or goods or any material that is provided via the Service or for any demand which is connected to the Service or the use of the Service. The subscriber shall be liable for all the above.
4.2 ESET Middle East shall not be liable for any direct, indirect, exemplary, consequential or punitive damages, for the loss of profits or reputation or any other damage which results from:
(a) the use or the inability to use the Service,
(b) any products, data, information or services received through the Service,
(c) access to the Service without authorisation or demand of data,
(d) any demand related to the use of software.
4.3 ESET Middle East shall not be liable for any non provision or delay or provision of goods or services which is due to the fact that the consumers provided false or incomplete information and/or data to ESET Middle East, for the accuracy of which the consumers shall remain solely liable.
5. Indemnity
The subscriber shall indemnify and hold ESET Middle East harmless from and against all suits or claims, including legal fees, that may be brought against it by third parties resulting from any cause of suit related to the use of the services or otherwise from the use of software or the content of the information or the advertisements.
Provided that in any such case ESET Middle East shall notify the consumer for the suit or claim and shall give the consumer any opportunity and assistance for the defence of such suit or claim and shall not make an admission or compromise or any other act that may prejudice such defence without the approval of the consumer unless the consumer fails to defend such suit or claim within fifteen (15) days from the date on which he is notified of any such suit or claim.
6. Warranties
ESET Middle East makes no express or implied warranty, including but not limited to, any implied warranty for merchantability or fitness for purpose. In particular, ESET Middle East does not warrant that the Service will not be interrupted, shall be timely, secured, error free or that the Service will be available in any time or place.
7. Intellectual Property
7.1 The Service and the software of the Service contains information which are protected by the intellectual property laws.
7.2 The consumers/users are not allowed to copy, reproduce or distribute in any way the content of the Service or to create any products resulting from the content of the Service, without the express authorisation of ESET Middle East or any publisher of the content.
8. Amendment/Termination
8.1 ESET Middle East reserves the right to upgrade, amend or suspend the Service.
8.2 ESET Middle East reserves the right to discontinue access to the Service in case of breach of the present terms and conditions.
9. Applicable Law
The present terms and conditions shall be governed by the laws of UAE and the parties submit to the jurisdiction of UAE Courts.
10. COMPLIANCE WITH U.S EXPORT LAWS
Some products are restricted by the U.S. Government from export to certain countries and buyer agrees that it will not distribute or re-export products in violation of the export control laws or regulations of the United States. Buyer shall be responsible to comply with all applicable export and import laws and regulations, including those of the United States, when marketing, exporting or importing products and technical data. Buyer warrants that it is knowledgeable and undertakes to comply with such applicable export and import laws and regulations (including all necessary clearance requirements, export and import licenses and exemptions, and required filings). Buyer further agrees to indemnify Netcure and Netcure supplier for claims made against Netcure or supplier for Buyer's failure to comply with applicable export and import laws.
11. FCPA
Reseller/Customer is responsible to fully comply with the FCPA and shall not directly or indirectly pay, offer, promise or give anything of value to any employee or official of a government or government controlled entity, political party or to any other person if Reseller/Customer is aware or has reason to believe that such money or item of value will be passed on to one of the above to influence any act or decision by such person or by any government body for the purpose of obtaining, retaining or directing business to Midis Group (including all affliates and subsidiaries) or its suppliers.
1. The Service
The Online Order Service (="the Service") offers to the subscribers the opportunity to order electronically, selected goods and services, to receive information for the characteristics and the current prices of goods and services.
1.1 The Service is offered to consumers who have completed the 18th year of age.
2. Consumer’s Obligations
2.1 The Consumers are liable for any acts connected to the use of the Service.
2.2 The Service and any information provided or exchanged, should conform to and comply with the laws of UAE. Without prejudice to the generality of these terms, any acts which include the following, shall be prohibited:
(a) any act that endangers the security of the State and/or public order and/or is in breach with the current laws or good morals,
(b) the harassment of persons,
(c) the use of the products in a way incompatible to their purpose,
(d) any act that omits anything provided by law,
(e) any act that constitutes a criminal offence or instigates to commit a criminal offence,
(f) any act that constitutes tort against person or instigates tort against any person,
(g) anything that has immoral content or instigates immoral behaviour or has sexual meaning or content,
(h) anything that offends the faith and/or the principles and/or the religion of a person,
(i) anything that offends the constitutional rights of a person,
(j) anything that harms ESET's good name,
(k) anything that is racious or discriminatory,
(l) anything that refers to the activities of a famous person on implies anonymously a person without his/her consent or interferes to the privacy of any person,
(m) anything that instigates any person to get involved in dangerous acts or use dangerous substances.
3. Protection of Personal Data
ESET Middle East undertakes to take all necessary measures for the protection of the confidentiality of the consumers’s personal data which are submitted or are transmitted via the Service and is committed to comply with ESET Middle East Policy or Data Protection and Confidentiality.
4. Limitation of Liability
4.1 ESET Middle East shall not be liable for any advertisement, services or goods or any material that is provided via the Service or for any demand which is connected to the Service or the use of the Service. The subscriber shall be liable for all the above.
4.2 ESET Middle East shall not be liable for any direct, indirect, exemplary, consequential or punitive damages, for the loss of profits or reputation or any other damage which results from:
(a) the use or the inability to use the Service,
(b) any products, data, information or services received through the Service,
(c) access to the Service without authorisation or demand of data,
(d) any demand related to the use of software.
4.3 ESET Middle East shall not be liable for any non provision or delay or provision of goods or services which is due to the fact that the consumers provided false or incomplete information and/or data to ESET Middle East, for the accuracy of which the consumers shall remain solely liable.
5. Indemnity
The subscriber shall indemnify and hold ESET Middle East harmless from and against all suits or claims, including legal fees, that may be brought against it by third parties resulting from any cause of suit related to the use of the services or otherwise from the use of software or the content of the information or the advertisements.
Provided that in any such case ESET Middle East shall notify the consumer for the suit or claim and shall give the consumer any opportunity and assistance for the defence of such suit or claim and shall not make an admission or compromise or any other act that may prejudice such defence without the approval of the consumer unless the consumer fails to defend such suit or claim within fifteen (15) days from the date on which he is notified of any such suit or claim.
6. Warranties
ESET Middle East makes no express or implied warranty, including but not limited to, any implied warranty for merchantability or fitness for purpose. In particular, ESET Middle East does not warrant that the Service will not be interrupted, shall be timely, secured, error free or that the Service will be available in any time or place.
7. Intellectual Property
7.1 The Service and the software of the Service contains information which are protected by the intellectual property laws.
7.2 The consumers/users are not allowed to copy, reproduce or distribute in any way the content of the Service or to create any products resulting from the content of the Service, without the express authorisation of ESET Middle East or any publisher of the content.
8. Amendment/Termination
8.1 ESET Middle East reserves the right to upgrade, amend or suspend the Service.
8.2 ESET Middle East reserves the right to discontinue access to the Service in case of breach of the present terms and conditions.
9. Applicable Law
The present terms and conditions shall be governed by the laws of UAE and the parties submit to the jurisdiction of UAE Courts.
10. COMPLIANCE WITH U.S EXPORT LAWS
Some products are restricted by the U.S. Government from export to certain countries and buyer agrees that it will not distribute or re-export products in violation of the export control laws or regulations of the United States. Buyer shall be responsible to comply with all applicable export and import laws and regulations, including those of the United States, when marketing, exporting or importing products and technical data. Buyer warrants that it is knowledgeable and undertakes to comply with such applicable export and import laws and regulations (including all necessary clearance requirements, export and import licenses and exemptions, and required filings). Buyer further agrees to indemnify Netcure and Netcure supplier for claims made against Netcure or supplier for Buyer's failure to comply with applicable export and import laws.
11. FCPA
Reseller/Customer is responsible to fully comply with the FCPA and shall not directly or indirectly pay, offer, promise or give anything of value to any employee or official of a government or government controlled entity, political party or to any other person if Reseller/Customer is aware or has reason to believe that such money or item of value will be passed on to one of the above to influence any act or decision by such person or by any government body for the purpose of obtaining, retaining or directing business to Midis Group (including all affliates and subsidiaries) or its suppliers.