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Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of the Kingdom of Saudi Arabia.
The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL DIVAGE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF DIVAGE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL DIVAGE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.
These Terms and Conditions constitute the whole legal agreement between you and Divage and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and Divage in relation to the same.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and Divage may stop providing the same (or any features within them) to you or to users.
You understand that Divage grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials and Divage reserves the right to revoke these exceptions either generally or in specific cases.
You understand that you are solely responsible for (and that Divage has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Divage may suffer) of any such breach.
If Divage does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of Divage’s rights.
You and Divage are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between you and Divage. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party unless specifically provided for in these Terms and Conditions.
If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.
These Terms and Conditions are reproduced in English.
These Terms and Conditions are governed by the laws of the Kingdom of Saudi Arabia and all disputes arising hereunder are subject to the exclusive jurisdiction of the Saudi courts.
By buying products through our Website, you acknowledge and agree that Divage carries no product liability save as described in the preceding paragraphs in relation to returning and exchanging the products or refunding/crediting the price paid, and that full liability for the products rests with the manufacturer. The terms of the manufacturer’s product liability are found in the product’s package or in the notice that accompanies the products.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
Divage provides no warranty as to the accuracy of the content on the Website, nor does it warrant that such content is error free or reliable or that your use of the content will not infringe the rights of third parties. Divage does not warrant that the functional aspects of the Website or its content will be error free or that the Website, its content or the server that makes it available are free of viruses or other harmful components. If your use of the same results in any damage or the need for servicing or replacing property, material, equipment or data, Divage is not responsible in any way for those costs. Divage makes no warranty regarding the Website’s content, software, text, downloads, graphics or links, or any results from using the Website and you bear the entire risk of the completeness, accuracy or usefulness of any content on this Website. Divage reserves the right to withdraw any content from the Website at any time and for any reason. Removal may be immediate and without notice. You confirm that Divage is not liable to you or any third party for any such withdrawal.
We endeavor to provide an accurate description of the products on our Website and to display the colors of the products as accurately as possible. We cannot guarantee that your monitor’s display of any color will be accurate.
The personal opinions of the labels and brands whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of Divage and we accept no responsibility for any such views expressed in any media.
You agree, at our request, to defend, indemnify, and hold harmless Divage and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of these Terms and Conditions or the use by any other person accessing the Website using your Internet account. Divage reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the Website.
OUR WEBSITE IS PROVIDED BY DIVAGE ON AN “AS IS” AND “AS AVAILABLE” BASIS. DIVAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIVAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, REASONABLE CARE AND SKILL OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DIVAGE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON OUR WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.