Terms of use
PLEASE READ THESE
TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ACCESS TO AND USE OF THIS
WEBSITE IS GOVERNED STRICTLY BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH
ANY OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS WEBSITE.
PLEASE NOTE IN PARTICULAR THE LIMITATION OF LIABILTY AND EXCLUSION OF
WARRANTIES CLAUSES SET OUT BELOW.
This website
provides brief information and an overview about Luxiguard.
The term “Luxiguard” refers
broadly to several distinct, separate, and independent legal entities whose
interests encompass car import and distribution, heavy equipment rental, water
bottling, and others.
This webpage
(together with the documents referred to in it) informs you of the Terms of Use
on which you may make use of the Luxiguard website at the domain (the “LUXIGUARD
Website”). Use of the LUXIGUARD Website includes accessing, browsing,
linking to or contacting the LUXIGUARD entity.
The LUXIGUARD
Website is a website owned and operated by Luxiguard Holding Company Limited, a
limited company y registered in UAE under company number 30545 and whose
registered office is 1309 Creek Rise
Tower 1 Dubai Creek Harbor Dubai, UAE (“Company”).
The Company has
sole responsibility for the content included on the LUXIGUARD Website.
Please read these
terms of use very carefully before you start to use the LUXIGUARD Website, as
these terms of use will apply to your use of and access to the LUXIGUARD
Website.
Each time you use
the LUXIGUARD Website, you confirm you accept these terms of use and you agree
to comply fully with them. If you do not agree to these terms of use, you must
not use or access the LUXIGUARD Website and must leave the LUXIGUARD Website
immediately.
These terms of
use may be revised by us at any time by amending this page. Please check this
webpage from time to time to note any changes made as they are binding on you
as soon as you access the LUXIGUARD Website.
Information
about Luxiguard
For any enquiries
related to any particular entity mentioned on the LUXIGUARD Website or for any
specific enquiries related to Luxiguard’s interests in car import and
distribution, heavy equipment rental, or water bottling, please email info@Luxiguard.com.
The actual
corporate arrangements of the companies permitted under license to display the
name and logo of the Luxiguard is complex and varied. Such corporate
arrangements are not intended to be, nor are, dealt with in detail through the
information on the LUXIGUARD Website. The information is provided as an
approximate guide only.
Other
Applicable Terms
These terms of
use refer to the following additional terms, which also apply to your use of
the LUXIGUARD Website and which, by using the LUXIGUARD Website, you agree to
comply with Privacy
Policy,
which sets out the terms on which any personal data collected (if any) from
you, or which you provide, via the LUXIGUARD Website is processed.
Accessing
and Using the LUXIGUARD Website
It is not
guaranteed that the LUXIGUARD Website, or any content on it, will always be
available or be uninterrupted. Access to the LUXIGUARD Website is permitted on
a temporary “as is” basis. All or any part of the LUXIGUARD Website, without
notice, may be suspended, withdrawn, discontinued, or changed. Luxiguard will
not be liable to you if for any reason the LUXIGUARD Website is unavailable
(temporarily or permanently) at any time or for any period.
You are
responsible for making all arrangements necessary for you to have access to the
LUXIGUARD Website. You are also responsible for ensuring that all persons who
access the LUXIGUARD Website through your Internet connection are made fully
aware of these terms of use and other applicable terms and conditions, and that
they comply fully with them.
You
may use the LUXIGUARD Website only for lawful purposes. You acknowledge and
agree you may not use the LUXIGUARD Website:
i.
In any way, that breaches any applicable
local, national or international law or regulation.
ii.
In any way that is unlawful or fraudulent, or
has any unlawful or fraudulent purpose or effect.
iii.
For the purpose of harming or attempting to
harm minors in any way.
iv.
To send, knowingly receive, upload, download,
use or re-use any material which does not comply with the Content Standards
(see below).
v.
To post advertisements or to promote third
party websites.
vi.
To transmit, or procure the sending of, any
unsolicited or unauthorized advertising or promotional material or any other
form of similar solicitation (spam).
vii.
To transmit any data, send or upload any
material that contains viruses, Trojan horses, worms, time bombs, keystroke
loggers, spyware, adware or any other harmful programs or similar computer code
designed to adversely affect the operation of any computer software or
hardware.
You also
acknowledge and agree:
i.
Not to reproduce, duplicate, copy, or re-sell
any part of the LUXIGUARD Website in contravention of the provisions of these
terms of website use.
ii.
Not to direct web traffic away from the LUXIGUARD
Website.
iii.
Not to access without authority, interfere
with, damage or disrupt:
a. any part of the LUXIGUARD
Website;
b. any equipment
(including any server) or network on which the LUXIGUARD Website is stored;
c. any software used
in the provision of the LUXIGUARD Website;
d. any server,
computer or database connected to the LUXIGUARD Website; or
e. any equipment or
network or software owned or used by any third party.
iv.
Not to misuse the LUXIGUARD Website by
knowingly introducing viruses, Trojans, worms, logic bombs or other material,
which is malicious or technologically harmful.
v.
Not to attack the LUXIGUARD Website via a
denial-of-service attack or a distributed denial-of service attack. By
breaching this provision, you would commit a criminal offence, e.g. under the
Computer Misuse Act 1990. Luxiguard may report any such breach to the relevant
law enforcement authorities and will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your right to
use the LUXIGUARD Website may be ceased immediately.
vi.
Not to disguise or interfere in any way with
the IP address of the computer you are using to access the LUXIGUARD Website or
otherwise take steps to prevent the identification of the actual IP address of
the computer you are using whilst accessing the LUXIGUARD Website.
vii.
Luxiguard does not guarantee that the LUXIGUARD
Website will be secure or free from bugs, viruses or other technologically
harmful material. You are responsible for configuring your information
technology, computer programs, software, and platform in order to access the LUXIGUARD
Website in a manner you deem appropriate and secure. You should use your own
virus protection software.
Security
Internet
transmissions are never completely private or secure and there is a risk,
therefore, that any message or information sent via the LUXIGUARD Website
should be treated as non-confidential and may be intercepted and potentially
read by others. Luxiguard will have no liability to you in respect of any
transmissions you send to it and you do so entirely at your own risk.
Intellectual
Property Rights and Using the Content of the LUXIGUARD Website
The Company is
the owner or the licensee of the LUXIGUARD Website, all content of the LUXIGUARD
Website, all the material published on the LUXIGUARD Website, any Luxiguard
newsletter, updates, emails and any Luxiguard social media or informational
updates and/or postings (“Content”), and all intellectual property
rights in the Content. The Content is protected by copyright laws and treaties
around the world. All such rights are fully reserved by the Company.
Luxiguard
businesses own rights throughout the world in various trademarks (registered
and unregistered), service marks, graphics, logos, designs, page headers,
button icons, scripts, and service names (“LUXIGUARD Trademarks”)
Any unauthorized
use of any of the LUXIGUARD Trademarks will constitute a violation of the Luxiguard
business’ rights in the LUXIGUARD Trademarks. Your use of the LUXIGUARD Website
grants you no right or license to reproduce or otherwise use any LUXIGUARD
Trademarks or third party trademarks.
Any copying or
downloading of any Content will not transfer title to that Content to you nor
grant you any license to use that Content for non-personal purposes. You must
not use any part of the Content for non-personal purposes, such as commercial
purposes, without obtaining a prior written license to do so from the Company,
which will be granted in the Company’s absolute discretion.
i.
You must not exploit the whole or part of any
Content without the Company’s prior written permission (to be determined in its
absolute discretion) including (but not limited to):
ii.
you must not modify copies of any Content you
have printed off or downloaded in any way;
iii.
you must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any
accompanying text;
iv.
you must not remove any copyright or other
proprietary notices from copied or downloaded Content;
v.
you must not use the Content in any way which
is fraudulent or unlawful;
vi.
you must not rely on the Content as being
entirely accurate, complete or up to date; and/or
vii.
you must not use the Content in a manner which
does not comply fully with these terms of use.
If you print off, copy, download, modify or
link any part of the Content available via the LUXIGUARD Website in breach of
these terms of use, your right to use the LUXIGUARD Website may be ceased
immediately and you must, at the Company’s option, return or destroy any copies
(electronic or otherwise) of the materials you have made.
Links
Where the LUXIGUARD
Website contains links to other sites and resources provided by third parties,
these links are provided for your information only. The Company has, unless
explicitly indicated otherwise, no control over the content of those sites or
resources and has no rights in the content of those sites or in the resources. The
Company assumes no responsibility for the content of websites linked on the LUXIGUARD
Website. Such links should not be interpreted as endorsement by Luxiguard of
those linked websites.
You must not link
to the LUXIGUARD Website home page without the Company’s prior written
permission to be determined in its absolute discretion. The LUXIGUARD Website
must not be framed on any other site.
In
the event you are granted prior written permission to link to the LUXIGUARD
Website home page, you must:
i.
only link to the LUXIGUARD Website home page;
ii.
only link in a way that is fair and legal and
does not damage the Company’s and/or Luxiguard’s reputation nor takes advantage
of that reputation;
iii.
not establish a link in such a way as to
suggest any form of association, approval or endorsement on the part of Luxiguard
where none exists;
iv.
not establish a link to the LUXIGUARD Website
in any website not owned by you; and
v.
ensure the website in which you are linking
must comply in all respects with the Content Standards (see below).
The Company reserves the right to withdraw
linking permission without notice.
Interactive
Services
From time to
time, informational updates and other interactive services may be provided on
the LUXIGUARD Website (“Interactive Services” or “Platform”). The
Platform will provide information about the goods and services provided by Luxiguard
businesses. The Platform is operated, controlled, and moderated by the Luxiguard
PR and media team. Luxiguard does not review and approve content included within
the Platform prior to such content going live. Luxiguard does not actively
monitor and will not censor content, except in circumstances detailed in the
Content Standards (see below).
Where another
Interactive Service is provided, clear information will be provided about the
kind of service offered, if it is moderated and what form of moderation is used
(including whether it is human or technical).
There is no
obligation to oversee, monitor or moderate any Interactive Service and
liability for any loss or damage arising from the use of any Interactive
Service by a user in contravention of the Content Standards (see below) is
expressly excluded, whether the Interactive Service is moderated or not.
However, attempts will be made to assess possible risks for users (and in
particular, for children) from third parties when they use any Interactive
Service. In addition, it will be decided in each case whether it is appropriate
to use moderation of the relevant service (including what kind of moderation to
use) in the light of those risks.
The use of any of
the Interactive Services by a minor is subject to the consent of their parent
or guardian. Parents are advised that it is important they communicate with
their children about their safety online, as moderation is not fool-proof.
Minors who are using any Interactive Service should be made aware of the
potential risks to them. Please refer to the terms below which address use of
the LUXIGUARD Website by children.
Where an
Interactive Service is moderated, you can contact us via email at info@Luxiguard.com. should a
concern or difficulty arise with the Interactive Service or its content.
Content
Standards
The content
standards below (“Content Standards”) apply to any and all material which
you contribute to the LUXIGUARD Website (“Contribution”), and to any
Interactive Services associated with it. You must comply with the spirit and
the letter of the Content Standards. The Content Standards apply to each part
of any Contribution as well as to its whole.
Contributions
must:
i.
Be accurate (where they state facts).
ii.
Be genuinely held (where they state opinions).
iii.
Comply with applicable law in the England and
in any country from which they are posted.
iv.
Contributions must not:
·
Contain any material that is defamatory of any
person.
·
Contain any material that is obscene,
offensive, hateful, or inflammatory.
·
Contain profanity or other material that would
upset or offend others.
·
Promote sexually explicit material.
·
Promote violence.
·
Promote discrimination based on race, sex,
culture, religion, nationality, disability, or age.
·
Infringe any copyright, database right, trademark
or other intellectual property right of any other person.
·
Be likely to deceive any person.
·
Be made in breach of any legal duty owed to a
third party, such as a contractual duty or a duty of confidence.
·
Promote any illegal activity.
·
Be threatening, abuse or invade another’s
privacy, or cause annoyance, inconvenience or needless anxiety.
·
Be likely to harass, upset, embarrass, alarm
or annoy any other person.
·
Be used to impersonate any person, or to
misrepresent your identity or affiliation with any person.
·
Give the impression that they emanate from or
are endorsed by Luxiguard or any of its members, if this is not the case.
·
Advocate, promote or assist any unlawful act
such as (by way of example only) copyright infringement or computer misuse.
·
Engage in spam, malware, phishing, or what may
constitute spamming based on the latest tricks or tactics of spammers.
Suspension
and Termination
The Company will
determine, in its discretion, whether there has been a breach of these terms of
use through your use of the LUXIGUARD Website. When a breach of these terms of
use has occurred, the Company (or any Luxiguard business) may take such action
as it deems appropriate. Failure to comply with the Content Standards
constitutes a material breach of these terms of use upon which you are
permitted to use the LUXIGUARD Website.
A breach of these terms of use may
result in the Company (or any Luxiguard business), at its complete discretion,
taking all or any of the following actions:
·
Immediate, temporary or permanent suspension
and/or withdrawal of your right to use the LUXIGUARD Website.
·
Immediate, temporary or permanent removal of
any posting or material uploaded by you to the LUXIGUARD Website.
·
Issue of a warning to you.
·
Legal proceedings against you for
reimbursement of all costs on an indemnity basis (including, but not limited
to, reasonable administrative and legal costs) resulting from the breach.
·
Further legal action against you.
·
Disclosure of such information to law
enforcement authorities.
All liability is excluded for actions taken by
the Company, and/or any Luxiguard business, in response to breaches of these
terms of use. The responses described in this policy are not limited, and other
actions may be taken by Luxiguard.
To report and
alleged violation of the Content Standards, please email info@Luxiguard.com
No
Reliance on Information
The LUXIGUARD
Website provides brief information and an overview about Luxiguard. The LUXIGUARD
Website provides no information that can be used for investment and/or
transactional decisions. The Content is provided for information only and is of
a general and approximate nature and it is not intended to amount to, nor is,
information or advice on which you should rely. In particular, the Content does
not constitute professional, financial or investment advice. Professional or
specialist advice should be obtained before taking, or refraining from, any
action on the basis of the Content.
In providing
information about Luxiguard, the Company is not acting, nor is it seeking to
act, as a broker or dealer in respect of any securities of any companies or the
information concerning such companies.
It is not
guaranteed that the LUXIGUARD Website, or any content on it, will be free from
errors, inaccuracies or omissions. It is your responsibility to check any
Content is accurate and/or complete.
The LUXIGUARD
Website may be updated from time to time, and may change the Content at any
time. Although the Company makes reasonable efforts to update the information
on the LUXIGUARD Website, it makes no representations, warranties or
guarantees, whether express or implied, that the Content is accurate, complete
or up-to-date. Please note the Company is under no obligation to update the
Content.
No
Offer
Nothing on the LUXIGUARD
Website should be construed as a solicitation or offer, or recommendation, to
acquire or dispose of any investment or to engage in any other transaction, or
to provide any investment advice or service.
Local
Regulatory Restrictions
The LUXIGUARD
Website is not directed at any person in any jurisdiction where (by reason of
nationality, residence or otherwise) the access to or availability of the LUXIGUARD
Website is prohibited or which would be subject to any restriction, including
registration or other requirements within such jurisdiction. The Company
reserves the right to limit access to the LUXIGUARD Website to any such
persons. Persons who access the LUXIGUARD Website do so on their own initiative
and are responsible for compliance with applicable local laws and regulations.
If in doubt, you should seek independent legal advice.
LIMITATION
OF OUR LIABILITY
NOTHING IN THESE
TERMS OF USE EXCLUDES OR LIMITS THE COMPANY OR ANY LUXIGUARD BUSINESS’
LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM NEGLIGENCE, OR FRAUD OR
FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED BY ENGLISH LAW.
THE
COMPANY NOR LUXIGUARD BUSINESS WILL BE LIABLE TO ANY USER FOR ANY LOSS OR
DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY
DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
·
USE OF, OR INABILITY TO USE, THE LUXIGUARD
WEBSITE;
·
USE OF OR RELIANCE ON ANY CONTENT DISPLAYED
ON, OR MATERIAL PROVIDED VIA, THE LUXIGUARD WEBSITE;
·
USE OF OR RELIANCE ON ANY CONTENT DISPLAYED
ON, OR MATERIAL PROVIDED VIA, WEBSITES LINKED TO THE LUXIGUARD WEBSITE
INCLUDING WITHOUT LIMITATION THE CONTENT;
·
LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED
DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY
INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY
MATERIAL DUE TO YOUR USE OF THE LUXIGUARD WEBSITE OR ANY WEBSITE LINKED TO IT,
OR TO YOUR DOWNLOADING OF ANY CONTENT OR MATERIAL ON IT, OR ON ANY WEBSITE
LINKED TO IT; OR
·
USE BY A PERSON IN A JURISDICTION WHERE THE
ACCESS TO OR AVAILABILITY OF THE LUXIGUARD WEBSITE IS PROHIBITED OR SUBJECT TO
ANY RESTRICTION.
IF YOU ARE A BUSINESS USER, PLEASE NOTE
THE LUXIGUARD WEBSITE IS PROVIDED FOR PERSONAL USE ONLY AND IN ADDITION THE
COMPANY OR ANY LUXIGUARD BUSINESS ALSO WILL NOT BE LIABLE FOR:
·
LOSS OF PROFITS, SALES, BUSINESS, OR REVENUE;
·
BUSINESS INTERRUPTION;
·
LOSS OF DATA;
·
LOSS OF ANTICIPATED SAVINGS;
·
LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR
REPUTATION; OR
·
ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
NO
WARRANTIES
THE LUXIGUARD
WEBSITE IS PROVIDED “AS IS” AND NO WARRANTIES OF ANY KIND ARE GIVEN EXPRESS OR
IMPLIED IN RESPECT OF THE LUXIGUARD WEBSITE, ALL CONTENT OF THE LUXIGUARD
WEBSITE AND IN THE MATERIAL PUBLISHED ON THE LUXIGUARD WEBSITE, INCLUDING
WITHOUT LIMITATION THE CONTENT. SPECIFICALLY, WITHOUT LIMITATION, THE COMPANY
DOES NOT WARRANT THAT:
·
YOU WILL BE ABLE TO USE THE LUXIGUARD WEBSITE
OR THAT IT WILL CONTINUE TO BE MADE AVAILABLE IN ITS CURRENT OR ANY OTHER FORM;
·
THE CONTENT ON THE LUXIGUARD WEBSITE OR THE
MATERIAL AVAILABLE VIA THE LUXIGUARD WEBSITE, INCLUDING WITHOUT LIMITATION THE
CONTENT, IS ACCURATE, COMPLETE OR UP-TO-DATE; NOR
·
THE LUXIGUARD WEBSITE OR ANY SOFTWARE OR
MATERIAL OF WHATSOEVER NATURE AVAILABLE ON OR DOWNLOADED FROM IT WILL BE FREE
FROM VIRUSES OR DEFECTS, COMPATIBLE WITH YOUR EQUIPMENT OR FIT FOR ANY PURPOSE.
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF
USE, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS EXPRESSED OR IMPLIED BY
STATUTE, COMMON LAW OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES AS
TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR SKILL AND CARE) ARE HEREBY
EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNITY
YOU AGREE TO
INDEMNIFY THE COMPANY AND/OR ANY LUXIGUARD BUSINESS AND EACH LUXIGUARD, OR
COMPANY’S MEMBERS, OFFICERS, DIRECTORS AND EMPLOYEES, IMMEDIATELY ON DEMAND,
AGAINST ALL CLAIMS, LIABILITY, DAMAGES, COSTS AND EXPENSES, INCLUDING LEGAL
FEES, ARISING OUT OF ANY BREACH OF THESE TERMS OF USE BY YOU OR ANY OTHER
LIABILITIES ARISING OUT OF YOUR USE OF THE LUXIGUARD WEBSITE.
Children
aged under 18
If you are under
18, you must ask your parent or a guardian before you:
·
email the LUXIGUARD Website or submit an
enquiry
·
make a Contribution
·
ask Luxiguard to email anything to you; or
·
send any information to the Luxiguard.
By continuing to use the LUXIGUARD Website and
any of the services offered by it, you are confirming you have received the
informed consent of your parent or a legal guardian.
Variation
No variation of
these terms of use by you shall be effective unless it is in writing and signed
by both the parties.
Severability
If any competent
legal authority determines any part of these terms of use is illegal or
unenforceable, then such part will be eliminated and the remaining terms of use
will remain in force and effect and continue to apply to your use of the LUXIGUARD
Website.
Applicable
law
These terms of
use, its subject matter and its formation (and any non-contractual disputes or
claims) are governed by UAE law. Luxiguard and you both agree the courts of
England and Wales have exclusive jurisdiction of to settle any dispute,
controversy or claim arising from or connected with these terms of use.
Contact
Us
To contact us,
please email info@Luxiguard.com or
use the enquiry form available on LUXIGUARD Website.
Date: June 15,
2024