Terms and Conditions
By registering in "Only Fresh Member" at www.onlyfreshstore.com you agree to the following
terms & conditions.
Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you
do not agree to the Terms & Conditions, please do not register access or use this Website.
This website is provided by Only Fresh, Ajman, UAE. By using this Website or by placing any
purchase orders through this Website, you agree to abide by the terms and conditions set forth
herein. Only upon acceptance of the terms & conditions mentioned herein, you will be entitled to
submit electronic orders. Any violation of the terms will result in termination of your
account.This website is not intended for persons under 18 years of age.
In no case shall Only Fresh's liability in respect of claims for damage to or loss of goods in
transit extend beyond an obligation either to refund or replace free of charge any such items or
(the election to be Only fresh only alone) to pay to the Buyer up to the invoice price of the
goods in respect of which a claim is made, and in neither event shall ONLY FRESH be liable for
consequential loss, damage or expense howsoever arising.
Account Terms
By registering with the Website you can access or view the prices, product inventories, and submit
purchase orders electronically. You are responsible for using the Website in a private and secure
manner. We will not be liable for any damage or loss caused from any unauthorized account access
resulting from your actions, such as not logging out of the account or sharing your account
password. We
reserve the right to refuse registration or cancel an account at any time.
Acceptable Use
You shall not do or permit any other third parties to do any of the following:
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
pornographic,
or profane information of any kind, including, without limitation, any transmissions
constituting or
encouraging conduct that would constitute a criminal offense, give rise to civil liability,
or
otherwise violate any local, provincial, state, national or international law, including
without
limitation, export control laws and regulations;
- Post or transmit any information or software that the sender is aware contains a virus,
worm, or
other harmful component;
- Upload, post, publish, transmit, reproduce, or distribute in any way, information,
software or other material which is protected by copyright or other proprietary right,
without
obtaining the permission of the copyright owner or right holder;
- Account sharing, including, without limitation, letting third parties use your account
and password.
Modification of these Terms & Conditions:
Only Fresh reserves the right to change or modify any of the terms contained in these terms &
conditions, at any time. Any such modifications or changes will immediately become effective upon
posting of such
changes. Your continued access or use of this Website will imply your full acceptance of the same.
You
are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or
notices posted on the Website.
Payment
You agree to pay the full price for all Products you purchase from the Website. You are responsible
for
the timely payment of all invoices.
Electronic Communications
When you visit the Website or send any emails to us, you will be communicating electronically with
us. By such electronic communication you agree to receive such communications from us
electronically. You
acknowledge that your electronic submissions constitute your agreement and your acceptance to be
bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by
electronic submissions applies to all transactions you enter into on the Website, and all records
including
notices of cancellation, policies, contracts, and applications.
Copyright and Licenses
This Website and the entire contents contained on this Website, including but not limited to: text,
graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and
software, are the sole and exclusive property of Only Fresh. All such contents and materials are
protected by domestic and international copyright and trademark laws. You hereby agree not to modify
copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any
contents
contained on the Website without the prior expressed written consent of Only Fresh.
License
ONLY FRESH grants you a nonexclusive, nontransferable, limited license to access and make use of
the contents or information available on the Website for your personal use and not to download or
modify
it, or any portion of it, except with the express written consent of ONLY FRESH. You may not
reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial
purpose this Website or any portion of this Website without the express written consent of ONLY
FRESH. You agree not to
interrupt or attempt to interrupt the operation of the Website in any way. ONLY FRESH authorizes you
to
view and download the information and materials available on this Website only for your personal,
noncommercial use. This authorization shall not constitute a transfer of title in and to the
materials and is
subject to the following restrictions: (a) you must retain, on all copies of the materials
downloaded, all
copyright and other proprietary notices contained in the materials; (b) you may not modify the
materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them
for any public or
commercial purpose; and (c) you must not transfer the materials to any other person unless you give
them notice of, and they agree to accept, the obligations arising under these terms and conditions.
Disclaimer of Warranty/Limitation of Liability:
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN "AS IS"
AND "AS AVAILABLE"
BASIS. ONLY FRESH MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY
KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ONLY FRESH DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. ONLY FRESH DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM
WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ONLY FRESH WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.WEBSITE USES REASONABLE EFFORTS TO INCLUDE
ACCURATE AND UPTODATE
INFORMATION ON THIS WEBSITE. ONLY FRESH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL
OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT
AN INCORRECT PRICE OR WITH OTHER
INCORRECT INFORMATION, ONLY FRESH SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE
PRODUCT LISTED INCORRECTLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Third Party Links
For your convenience ONLY FRESH may provide, links to third party websites operated by other
entities
on the Website. If you use such third party sites, you will leave this Website. If you decide to
visit any
linked third party website, you do so at your own risk and it is your responsibility to take all
protective
measures to guard against viruses or other destructive elements. ONLY FRESH does not make any
warranty or representation regarding, and does not endorse, any linked websites or the information
appearing thereon or any of the products or services described thereon. Any third party links do not
imply
that ONLY FRESH FRESH sponsors, endorses, is affiliated or associated with any linked third party
websites.
Applicable Law
By visiting the Website, you agree that the laws of United Arab Emirates, without regard to
principals of
conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise
between you and ONLY FRESH.
Disputes
Any dispute relating in any way to your visit or access of the Website or to the products you
purchase
through the Website shall be submitted to binding arbitration in United Arab Emirates (UAE) county,
Dubai province. Arbitration under these Terms & Conditions shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may
be
entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by
applicable
law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any
other
party subject to these Conditions of Use, whether through class arbitration proceedings or
otherwise.
Indemnification
You agree to indemnify and hold ONLY FRESH and its affiliates, officers, employees, agents and
suppliers harmless from any and all claims, demands, actions, proceedings, losses, liabilities,
damages,
costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due
to
or arising out of your breach of this User Agreement, or your violation of any law or the rights of
a third
party.
