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22 OCTOBER 2014

 

SecondsOut Terms & Conditions

Terms & Conditions of Use & Sale

 

These are the terms and conditions (hereinafter referred to as the "Terms" or "User Agreement") governing your use of the website www.secondsout.com (hereinafter referred to as "SecondsOut.com") and our sale of the products through SecondsOut.com and the general principles for the use of the websites of our subsidiaries and international affiliates linked through SecondsOut.com.

 

The Terms are effective and binding upon their acceptance at the time of registration by the users of SecondsOut.com; SecondsOut.com may amend or change the User Agreement, in whole or in part at any time by posting the amended terms on the Site. All amended terms shall automatically become effective thirty days after they are posted on SecondsOut.com and any subsequent use of SecondsOut.com shall be governed by such amended terms. .The User Agreement may not be otherwise amended except in writing signed by SecondsOut.com. The User Agreement was last revised on 26 November 2008. You are advised to regularly check for any amendments or updates to the terms and conditions contained in the User Agreement. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable,  such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

In order to use SecondsOut.com and make purchases from SecondsOut.com, you must first become a member by establishing a customer account ("My Account"). You must therefore read, agree and accept all of the terms and conditions contained in this User Agreement and SecondsOut.com’s Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of SecondsOut.com.

 

We must draw your specific attention to the following

 

BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THESE TERMS AND SECONDSOUT.COM’S PRIVACY POLICY.

 

IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE.

We strongly recommend that you read this User Agreement and Privacy Policy fully before you accept this User Agreement. You are also advised to access and read the information contained in the other pages of and websites referred to in SecondsOut.com, as they may contain further terms and conditions that apply to you as a SecondsOut.com user.

 

Please note:

Underlined words and phrases are links to the pages and websites of our subsidiaries and international affiliates. By accepting this User Agreement, you also agree that your use of websites of our subsidiaries and international affiliates will be governed by the User Agreement and Privacy Policy posted on those websites. In the event of SecondsOut.com’s User Agreement and Privacy Policy being inconsistent with the User Agreement and Privacy Policy of such other websites, the latter will prevail and control.

 

Privacy Please carefully read and review our Privacy Policy, which also governs your visit to SecondsOut.com,.

 

Your membership account -My Account

If you use SecondsOut.com, you are responsible for maintaining the confidentiality of your "My Account" and its access password and for restricting access to your computer/My Account, and you agree to accept responsibility for all activities that occur under your My Account or its access password. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

 

If you are under 18, you may use our website only with involvement of a parent or guardian.

 

SecondsOut.com reserves the right to refuse service, terminate My Account, remove or edit content, or cancel orders in their sole discretion.

 

If any of your details change, such as your credit card billing address, you must inform us immediately You may update your details by signing into your My Account and update the relevant section.

 

License for SecondsOut.com

We hereby grant you a limited license to access and make personal use of SecondsOut.com. You shall not download (other than page caching) or modify SecondsOut.com, or any portion of it, except with our express written consent. This license does not include any permission for resale or commercial use of SecondsOut.com or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of SecondsOut.com or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

SecondsOut.com or any portion of it may not be copied, reproduced, duplicated, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SecondsOut.com and the websites of its subsidiaries and international affiliates without our express written consent. You may not use any meta tags or any other "hidden text" utilizing SecondsOut.com’s or its subsidiaries and international affiliates’ names or trademarks without our express written consent. Any unauthorised use forthwith terminates the permission or license granted by us hereunder.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of SecondsOut.com as long as the link does not portray SecondsOut.com, its subsidiaries and international affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SecondsOut.com’s or its subsidiaries and international affiliates’ logo or other proprietary graphic or trademark as part of the link without our express written consent.

 

You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of SecondsOut.com or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of SecondsOut.com or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not normally made available through SecondsOut.com. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of SecondsOut.com or any of the systems or networks comprising or connected to SecondsOut.com.

 

You also agree that SecondsOut.com may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to SecondsOut.com or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any content of SecondsOut.com, (3) discontinuance or material modification of SecondsOut.com or any service offered on or through SecondsOut.com, (4) violations of this User Agreement, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that SecondsOut.com will not be liable to you or to any third party for termination or disruption or suspension of your access to SecondsOut.com. And/or your My Account.

 

Electronic communication

When you visit SecondsOut.com or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on SecondsOut.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

SecondsOut.com requires your consent during the registration process of your My Account to occasionally send you promotional emails from SecondsOut.com. These emails announce new changes and features added to SecondsOut.com to enhance your SecondsOut.com experience as well as any special promotions  that maybe hosted by SecondsOut.com. Kindly refer to our privacy policy for more details on the use of your personal information.

 

To stop receiving our marketing emails, send an e-mail to us at optout@SecondsOut.com or follow the opt-out procedures set forth in such marketing emails.

 

Copyright All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SecondsOut.com or its content suppliers and protected by UAE and international copyright laws. All content as compiled and/or displayed on SecondsOut.com is the exclusive property of SecondsOut.com with copyright authorship for this collection by SecondsOut.com, and protected by U.A.E. and international copyright laws. Photographs of all products displayed on SecondsOut.com are for illustrative purposes only and you are requested to read and confirm the product details and description before ordering a product from SecondsOut.com.

 

Defamatory or Damaging Material

 

Because quite a few products along with their descriptions as provided by their sellers are listed for sale on SecondsOut.com, it is not possible for us to be aware of or review, verify or validate the contents of each product listed for sale. We therefore rely on your inputs and make changes and assure you that any defamatory, damaging or insulting statement would have crept in unintentionally. If you believe that any content on, or advertised for sale on SecondsOut.com contains a defamatory, damaging or insulting statement, please notify us immediately by email at [     ]. Once this has been done, we will make all reasonable endeavours to remove the defamatory, damaging or insulting content complained about within a reasonable time.

 

 

Conditions of Sale and Payment Terms.

To purchase any goods and/or services on SecondsOut.com, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and  Prior to the purchase of any goods or services on SecondsOut.com, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

 

SecondsOut.com will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.

 

Methods of Payment, Credit Card Terms and Taxes.

All payments must be made by VISA, MasterCard, and American express (each of which may be removed by SecondsOut.com in its sole discretion). Unless expressly set forth on SecondsOut.com we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this User Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT SECONDSOUT.COM, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all taxes, fees and charges incurred/charged in connection with your purchases (including but not limited to any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify SecondsOut.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If SecondsOut.com does not receive payment from your credit card issuer, you agree to pay all amounts due upon demand by SecondsOut.com.

 

Order Acceptance Policy.

Receipt of your electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. SecondsOut.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. SecondsOut.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by SecondsOut.com upon shipment of products or performance of services that you have ordered. Title to goods pass on to you on receipt of full payment by us and all risk of loss passes to you upon delivery to the common carrier. SecondsOut.com is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.

 

Processing of orders

Credit and Debit cards are debited on the day of shipping by SecondsOut.com. All prices include sales taxes (where applicable) unless otherwise stated, and no charge is made for shipping.

 

SecondsOut.com aims to arrange shipment of all ’in stock’ items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. SecondsOut.com is not able to commit supply dates, until our suppliers get an item in stock.

 

You can keep track of your order status yourself on-line with the order tracking facility on your My Account page.

 

Our standard Returns Policy applies to all purchases from SecondsOut.com.

 

Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Also the responsibility of ordering only the permitted items  lies with the customer and SecondsOut.com does not verify or take responsibility towards country wise restrictions on the content and once ordered and shipped by SecondsOut.com its responsibility ceases.

 

Cancellation:

You may cancel your order at any time prior to your order being processed by clicking on the ’cancel’ link next to the product ordered on your My Account page on SecondsOut.com. We also accept cancellations by telephoning 009714 8811886 during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:

1.      sending the notice of cancellation by email to terms@SecondsOut.com ensuring that you quote your name, address and order reference number; or

2.      Where you have already received the goods, returning the goods to SecondsOut.com in package unopened condition together with the original invoice. SecondsOut.com will refund you the purchase price of the goods.

3       SecondsOut.com reserves the right to make a 15% restocking charge for any goods which are not returned in unopened condition or to refuse to accept such goods, at its sole discretion.

4.      SecondsOut.com also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected

5.      Once you have notified SecondsOut.com that you are withdrawing your order, any sum debited to SecondsOut.com from your credit card will be re-credited to your account as soon as possible, after deductions if any as mentioned herein and in any event within 30 days of your withdrawing your order PROVIDED THAT the goods in question are returned by you and received by SecondsOut.com in the condition they were in when delivered to you.

 

No Responsibility to Sell Mis priced Products or Services.

SecondsOut.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. SecondsOut.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled under this clause, SecondsOut.com shall immediately issue a credit to your credit card account in the amount of the charge.

 

Relationship and Notice

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and SecondsOut.com and you shall have no authority to bind SecondsOut.com in any manner whatsoever.

Except as explicitly stated otherwise, any notices shall be given by postal mail to SecondsOut.com Attn: Legal Department at Jebel Ali Free Zone, Dubai (in the case of SecondsOut.com) or by email to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, shipping prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

 

Indemnity You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including all or costs or expenses incurred by us, further including without limitation all our attorneys’ fees and legal costs) made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

SECONDSOUT.COM IS PROVIDED BY US ON AN:  "AS IS" AND "AS AVAILABLE". BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS AND/OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF SECONDSOUT.COM OR THAT THE OPERATION OF SECONDSOUT.COM WILL BE ERROR FREE AND/OR UNINTERRUPTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SECONDSOUT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT SECONDSOUT.COM, ITS SERVERS, OR E-MAIL SENT FROM SECONDSOUT.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SECONDSOUT.COM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ON ANY ACCOUNT WHATOSOEVER. SECONDSOUT.COM’S LIAIBLITY IN ANY CIRCUMSTANCE IS LIMITED TO THE PRICE, IF ANY, PAID BY YOU TO SECONDSOUT.COM FOR THE PRODUCTS OR SERVICES.

 

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

 

 

APPLICABLE LAW

By visiting SecondsOut.com, you agree that the laws of the United Arab Emirates, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and SecondsOut.com or its associates and affiliates. The application of the United Nations Convention on Contracts for the International Sale of Goods is hereby expressly excluded.

 

DISPUTES Any dispute relating in any way to your visit to SecondsOut.com or to products you purchase through SecondsOut.com shall be submitted to the jurisdiction of the courts in the Emirate of Dubai, United Arab Emirates.

 

Since it is possible that you are domiciled in a different jurisdiction, we shall not be prevented from taking proceedings relating to a dispute in any other courts with jurisdiction.  To the extent allowed by law, we may take concurrent proceedings in any number of jurisdictions.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to SecondsOut.com. We reserve the right to make changes to our site, policies, and these Terms at any time.

 

QUESTIONS:

Questions regarding our Terms of Service, Privacy Policy, or other policy related material can be directed to our support staff by clicking on the "Contact Us" link in the side menu. Or you can email us at: support@SecondsOut.com

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