Terms of use

BACKGROUND:

These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, www.astortsgroup.com (“Our Site”).  Please read these Terms of Use carefully and ensure that you understand them.  Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of Our Site.  If you do not agree to comply with and be bound by these Terms of Use, you must stop using Our Site immediately. These Terms of Use do not apply to the sale of services.  

1. Definitions and Interpretation

In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:

2. Information About Us

Our Site, astortsgroup.com, is owned and operated by Astorts Group L.L.C-FZ, a company registered in the Meydan Free Zone, United Arab Emirates, under No. 2309536.01, with its registered office located at Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E.

3. Access to Our Site

Access to Our Site is free of charge. It is your responsibility to make any and all    arrangements necessary in order to access Our Site. Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Accounts

4.1. Certain parts of Our Site may require an Account in order to access them.
4.2. You may not create an Account if you are under 18 years of age.
4.3. When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4. We require that you choose a strong password for your Account. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at info@astortsgroup.com. We will not be liable for any unauthorised use of your Account.
4.5. You must not use anyone else’s Account.
4.6. Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under UAE law, as set out in Clause 17.
4.7. If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.

5. Intellectual Property Rights

5.1. With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by Federal Law No. 38 of 2021 on Copyrights and Neighbouring Rights, and other applicable UAE laws and treaties.
5.2. Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3. You may:
a) Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
b) Download Our Site (or any part of it) for caching;
c) Print one copy of any page from Our Site for personal use;
d) Download extracts from pages on Our Site for personal use; and
e) Save pages from Our Site for later and/or offline viewing for personal use.
5.4. Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5. You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.

6. Links to Our Site

6.1. You may not link to Our Site from any other site without Our express written permission. Please contact Us at info@astortsgroup.com for further information.
6.2. Framing or embedding of Our Site on other websites is not permitted without Our express written permission. Please contact Us at info@astortsgroup.com for further information.

7. Links to Other Sites

Links to other websites, resources and tools may be included on Our Site.  Unless expressly stated, these websites, resources and tools are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party websites, resources and tools. The inclusion of a link to any such websites, resources and tools on Our Site is for information only and we make no express or implied representations or warranties whatsoever regarding such websites, resources and tools, and links to them should not be construed as an endorsement of them or their content by us.

8. Legal Disclaimer 

8.1. Our Site and all Content available on it are provided solely for general information and preliminary reference purposes.
8.2. The Content of the Site is not and should not be construed as professional advice or services (including legal, financial, tax, audit, investment, accounting, or other advice) or as a representation or warranty by Us. Using the Site does not create an advisor-client, contractual, or other fiduciary relationship between the User and the Company.
8.3. Before making any decision or taking any action that may have legal, financial, or other significant consequences, the User must conduct independent analysis and consult a relevant qualified professional advisor. The Company is not responsible for any decisions or actions taken by the User based on the Site’s Content.
8.4. The Company expressly disclaims all warranties and representations regarding the Site and its Content. The Site is provided on an “as is” and “as available” basis. The Company does not guarantee or represent that:
a) The Content is accurate, complete, current, reliable, error-free, or suitable for any User purposes;
b) The Site’s operation will be uninterrupted, timely, secure, error-free, or free from viruses and other harmful components;
c) The Site will be compatible with the User’s hardware or software;
d) The Site will not infringe the rights (including intellectual property rights) of third parties;
e) Any defects in the Site’s operation will be corrected.
8.5. To the maximum extent permitted by the applicable laws of the United Arab Emirates, the Company, its affiliates, directors, employees, agents, or licensors shall not be liable to the User or any third party for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, sales, business reputation, interruption of business, loss or corruption of data, software, or equipment, loss of business opportunities or anticipated savings, arising from or related to the use, inability to use, or results of using the Site, its Content, any third-party resources linked on the Site, or any actions taken based on information obtained from the Site, even if the Company has been advised of the possibility of such damages.
8.6. The Company is not responsible for the actions, omissions, content, or services of third parties, nor for any losses resulting from cyber-attacks, hardware or software failures not directly caused by the Company’s fault.

9. Our Liability

9.1. The provisions of Clause 8 (Legal Disclaimer) prevail and set forth the primary limitations of our liability. The provisions of this Clause 9 apply in addition.
9.2. If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
9.3. We exercise reasonable skill and care to ensure Our Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
9.4. We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
9.5. Nothing in these Terms of Use shall limit or exclude our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of the United Arab Emirates.

10. Viruses, Malware and Security

10.1. We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
10.2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
10.3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
10.4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
10.5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
10.6. By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the applicable laws of the United Arab Emirates, including Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrimes. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

11. Acceptable Usage Policy

11.1. You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 11. Specifically:
a) you must ensure that you comply fully with any and all applicable local, national or international laws and/or regulations, including those of the UAE;
b) you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
c) you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
d) you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
11.2. When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
a) is sexually explicit;
b) is obscene, deliberately offensive, hateful or otherwise inflammatory;
c) promotes violence;
d) promotes or assists in any form of unlawful activity;
e) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
f) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
g) is calculated or is otherwise likely to deceive;
h) is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
i) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
j) implies any form of affiliation with Us where none exists;
k) infringes, or assists in the infringement of, the intellectual property rights of any other party; or
l) is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
11.3. We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
a) suspend, whether temporarily or permanently, your right to access Our Site;
b) issue you with a written warning;
c) take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
d) take further legal action against you as appropriate;
e) disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
f) any other actions which We deem reasonably appropriate (and lawful).
11.4. We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.

12. Privacy and Cookies

Use of Our Site is also governed by Privacy Policy.  These policies are incorporated into these Terms of Use by this reference.

13. Changes to these Terms of Use

13.1. We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
13.2. In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

14. Contacting Us

To contact Us, please email Us at info@astortsgroup.com or using any of the methods provided on Our contact page at contact page.

15. Communications from Us

15.1. If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms of Use.
15.2. We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
15.3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@astortsgroup.com.

16. Data Protection

All personal information that We may use will be collected, processed, and held in accordance with the provisions of UAE Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data, its implementing  regulations and the guidelines,and your rights under the same.
For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy.

17. Law and Jurisdiction

1.  These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of the United Arab Emirates, as applied in the Emirate of Dubai.
2. Any dispute, controversy, proceeding or claim relating to these Terms of Use, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of the Emirate of Dubai, United Arab Emirates.

18. Language 

These Terms of Use have been drafted in the English language. In the event of any discrepancy or conflict between the English version and any translation thereof, the English version shall prevail and govern.