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Terms and conditions

Introduction

Welcome to the OnTime.com website (the "Site"). These terms and conditions ("Terms and Conditions") apply to the Site, OnTime General Trading LLC and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms and Conditions.

By accessing the Site, you confirm your understanding of the Terms and Conditions. If you do not agree to these Terms and Conditions of use, you shall not use this website. The Site reserves the right, to change, modify, add, or remove portions of these Terms and Conditions of use at any time. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions of use regularly for updates. Your continued use of the Site following the posting of changes to these Terms and Conditions of use constitutes your acceptance of those changes.

Use of the Site

You are either at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian.

We grant you a non-transferable and revocable license to use the Site, under the Terms and Conditions described, for the purpose of shopping for personal items sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Content provided on this site is solely for informational purposes. Product representations expressed on this Site are those of the vendor and are not made by us. Submissions or opinions expressed on this Site are those of the individual posting such content and may not reflect our opinions.

Certain services and related features that may be made available on the Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself, and to promptly update such information if there are any changes. Every user of the Site is solely responsible for keeping passwords and other account identifiers safe and secure. The account owner is entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us of any unauthorized use of your password or account. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.

During the registration process you agree to receive promotional emails from the Site. You can subsequently opt out of receiving such promotional e-mails by clicking on the link at the bottom of any promotional email.

You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website

We reserve the right, but have no obligation, to monitor the materials posted on the Website. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, You remain solely responsible for the content of the materials you post on the website and in your private messages. Please be advised that such Content posted does not necessarily reflect Company’s views. In no event shall the Company shall assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to summons, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We reserve the right to communicate with you by email or by such other mode of communication, electronic or otherwise.

Order Of Acceptance and Pricing

Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order.

The Site may not be used to order items in bulk for resale.

We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

User Submissions

Anything that you submit to the Site and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, "Submissions") will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, remove or edit any Submissions.

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by You and between "bank/s", or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. Before shipping / delivering your order to you, the Company may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

1. You have specifically authorized the Company or its service providers to collect, process, facilitate and remit payments and / or the Transaction price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility.

2. You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the transactions on the Company’s Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

3. You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Company to purchase the products and /or services from the Company using the Payment Facility, and You shall pay the transaction price through Your issuing bank to the Company using Payment Facility.

4. You, as a Buyer, shall electronically notify Payment Facility using the appropriate the Company Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.

5. You, as a Buyer, shall be entitled to claim a refund of the Transaction price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.

6. You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the transactions for those products and /or services.

7. Except for Cash On Delivery transaction, refund, if any, shall be made at the same issuing bank from where transaction price was received.

8. For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer).

9. Refund shall be conditional and shall be with recourse available to the Company in case of any misuse by Buyer.

10. Refund shall be subject to Buyer complying with Policies.

11. The Company reserves the right to impose limits on the number of transactions or transaction price which the Company may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by bank to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.

12. The Company reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Company or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

13. The Company may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of the Company. As a result of such check if the Company is not satisfied with the creditability of the Buyer or genuineness of the transaction / transaction price, it will have the right to reject the receipt of / Buyers commitment to pay transaction price.

14. The Company may delay notifying the payment confirmation, if the Company deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the transaction and transaction price.

15. The Buyer acknowledges that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Company.

17. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing Company.

18. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which supports payment facility to provide these services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between Buyer and the respective issuing bank.

Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Trademarks and Copyrights

All intellectual property rights, whether registered or unregistered, in the Site, information content on the Site and all the website design, including, but not limited to, text, graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software shall remain our property. The entire contents of the Site also are protected by copyright as a collective work under UAE copyright laws and international conventions. All rights are reserved.

Applicable Law and Jurisdiction

Governing Law

Any dispute or claim arising out of or in connection with the terms of use or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the [State of Kuwait].

Dispute Resolution

All disputes arising out of or in connection with this Terms of Use (including any non-contractual matters) which fail to get resolved through the good offices of the Grievance Officer shall be referred to the Kuwait Chamber of Commerce Arbitration Centre (the “Centre”). The Arbitration shall be conducted in English/Arabic language in accordance with the rules of the Centre (the “Rules”). The seat of the arbitration shall be Kuwait City, the State of Kuwait and there shall be one arbitrator. The award rendered by the arbitrator shall be final and binding on the parties. The arbitrator shall order the costs of arbitration (including fees and other related expenses) and reasonable attorneys’ fees and related expenses which shall be borne by the losing party. The Buyer by using this website hereby waives any jurisdictional challenges to arbitration.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Terms and Conditions or revoke any or all of your rights granted under the Terms and Conditions. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination. You furthermore agree that the Site shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of OnTime General Trading LLC in operating the Site, your sole and exclusive remedy is to discontinue using the Site.