Welcome to
www.noon.com
(“Site”).
These Terms of Use and all policies and additional terms (if applicable)
posted on the Site set out the terms on which we offer you access to and
use of our Site, services and applications including our mobile
application (collectively, the “Services”). You can find all of
our policies and additional terms here:
www.noon.com
(“Legal Documents”). These Legal Documents are incorporated by
reference into these Terms of Use.
By accessing, registering and/or continuing to use or access our
Services, you are agreeing to be bound by these Terms of Use and the
Legal Documents with immediate effect. These Terms of Use and the Legal
Documents are subject to change by us at any time. Your continued use of
the Site following any such change constitutes your agreement to these
Terms of Use and Legal Documents as so modified.
References in these Terms of Use to “you” (or similar) are references to
you as an individual or legal entity as the case may be.
About our site
The Site is an e-commerce platform that allows enterprise users to offer
and sell products, and individuals and enterprise entities to buy
products.
We reserve the right to introduce new Services and update or withdraw
any of the Services, in our sole discretion, and we will not be liable
to you for exercising this discretion.
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Eligibility and registration Requirements
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You are eligible to register as a buyer or seller and benefit
from the Services if you meet the following eligibility
criteria:
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for buyers:
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you are above the legal age for purchasing products in
your country of residence; and
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you are able to provide an address in the United Arab
Emirates or the Kingdom of Saudi Arabia (“KSA”), or the
Arab Republic of Egypt (“Egypt”) for delivery of products
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for sellers:
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you are a legal entity duly registered in your
jurisdiction;
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you have a current trade licence;
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you provide proof of authorisation for the individual who
will be registering and using the Site;
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you provide identification for the authorised person;
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you can provide supporting bank details; and
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you acknowledge and agree that for certain product
categories, additional requirements might be applicable.
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In order to register to the Site, you will need to provide us
with certain information. Your registration to the Site may not
be accepted if you do not provide us with the required
information. We reserve the right to decline any registration
without further explanation. We reserve the right to undertake
such checks as are necessary to verify your identity.
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Once you have successfully completed registration, your
registration shall continue for an indefinite period, subject to
suspension or termination in accordance with clause 6 of these
Terms of Use.
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Your obligations
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When using or accessing the Services, you agree that you:
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are responsible for maintaining the confidentiality of, and
restricting access to and use of your account and password,
and accept responsibility for all activities that occur under
your account and password;
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agree to immediately notify us of any unauthorised use of your
password or account or any other breach of security;
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will provide true, accurate, current and complete information
about yourself and your use of the Services as required by us;
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will not disclose to any third party (except as required or
requested by us) a user’s information provided to you; and
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will cooperate with our requests for additional information
with respect to your eligibility and usage of our Services.
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When using or accessing the Services, you agree that you will
not:
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post, list or upload content or items in inappropriate or
prohibited categories or areas on our Site, including:
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content or items that may be considered culturally or
religiously offensive in any way;
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content or items which may not be considered to be in
compliance with general local law, Islamic law, rules,
morals, values, ethics and traditions;
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content or items that may threaten national security;
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content or items which may constitute or be considered to
promote gambling;
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securities, including shares, bonds, debentures, or any
other financial instruments or assets of any description;
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living or dead creatures and/or the whole or any part of
any animal which has been kept or preserved by any means
whether artificial or natural;
- weapons of any description;
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liquor, tobacco products, drugs, psychotropic substances,
narcotics, intoxicants of any description and medicines;
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items that to your knowledge are defective, fake, damaged,
false or misleading or that may through normal use harm
another Site user’s interest or health;
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non-transferable vouchers; and
- chemicals.
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post items you do not have a right to link to or include;
- post counterfeit or stolen items;
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breach or circumvent any laws, third party rights or our
systems, policies or determinations of your account status;
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use our Services if you no longer fulfil the eligibility
criteria or are not able to form legally binding contracts, or
are temporarily or indefinitely suspended from using our
Services;
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fail to pay for items purchased by you, unless you have a
valid reason as set out in any of our policies;
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fail to deliver items sold by you (if applicable), unless you
have a valid reason as set out in any of our policies;
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use contact information provided to you during the course of a
transaction on the Site to solicit additional sales offline or
on another website;
- manipulate the price of any item;
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interfere with any other user’s listings;
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take any action that may undermine the Site’s feedback and
ratings systems;
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post false, inaccurate, misleading, deceptive, defamatory or
similar content;
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transfer your account to another party without our prior
written consent;
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distribute or post spam, unsolicited or bulk electronic
communications or similar;
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distribute viruses or any other technologies that may harm our
Services or the interests or property of other users;
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infringe:
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the copyright, trademark, patent, publicity, moral,
database, and/or other intellectual property rights
(collectively, "Intellectual Property Rights" )
that belong to or are licensed to us; or
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any Intellectual Property Rights that belong to third
parties;
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harvest or otherwise collect information about users without
their consent; or
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circumvent any technical measures we use to provide the
Services.
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intellectual property rights
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Except for the rights expressly granted under these Terms of
Use:
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all content included on the Site, including but not limited to
text, graphics, logos, images, audio clips, digital downloads
and software is our property or the property of our licensors.
We (or our licensors, as the case may be) retain all right,
title and interest in and to the Site and the Services,
including, without limitation, all Intellectual Property
Rights therein; and
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all rights, title and interest in and to any information,
materials or other content that you provide in connection with
your use of the Services, including all Intellectual Property
Rights therein, will become our property.
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You agree that you have no right to use any of our trademarks
without our prior written consent.
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All rights not expressly granted to you in these Terms of Use
are reserved and retained by us or our licensors.
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Warranties, representations & undertakings
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You warrant, represent and undertake that:
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you shall fully comply and will at all times continue to fully
comply with all applicable laws, statutes and regulations,
including, without limitation, all privacy laws and content
regulation;
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you have full power and authority to enter into these Terms of
Use and the execution and performance of your obligations
under these Terms of Use does not conflict with:
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any laws, rules, regulations or governmental guidelines to
which you are subject to; or
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any other agreements to which you are a party to or to
which you are otherwise bound by;
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if you create or use an account on behalf of a business
entity, you represent that you are authorised to act on behalf
of such business and bind the business to these Terms of Use.
Such account is deemed to be owned and controlled by the
business entity;
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you own or have the authority to grant the rights and licences
granted to us by you under these Terms of Use; and
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any content you submit as part of your use of the Services and
any products that you list do not violate the rights of any
third party anywhere in the world including, without
limitation, any Intellectual Property Rights (whether
registered or not).
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Subject to clause 5.1, the Services are provided to you on an
“as is” basis without representations, warranties or conditions
of any kind. We disclaim all warranties, conditions and
representations of any kind, whether express, implied or
collateral, including, but not limited to, all conditions,
representations or warranties of merchantability, of fitness for
a particular or general purpose, of non-infringement, of
compatibility or that the Services are secure or error free or
will operate without interruption or will be provided in a
timely or proper manner or at all.
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Furthermore, whilst we attempt to be as accurate as possible, we
do not warrant that product descriptions or other content of any
Service is accurate, complete, reliable, current, or error-free.
Additionally, as a buyer, you agree that we are not responsible
for examining or warranting the listings or content provided by
us or third parties through the Services, and that you will not
attempt to hold us liable for any inaccuracies or defects in any
of the listings. As a seller, it is your responsibility to
review the content of your listings for accuracy and you will
not attempt to hold our catalogue/content providers or us
responsible for inaccuracies.
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Liability & indemnities
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Nothing in these Terms of Use shall limit or exclude a party’s
liability:
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for fraud, including fraudulent misrepresentation, perpetrated
by that party;
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for death or personal injury caused by the negligence of that
party; or
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for any other liability that cannot be limited or excluded
under applicable law.
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Subject to clause 5.1, in no event will we, our parent company,
subsidiaries and affiliates, and our, and their directors,
officers, agents, employees, suppliers, subcontractors or
licensors be liable, whether based on an action or claim in
contract, tort, negligence, breach of statutory duty or
otherwise arising out of or in relation to these Terms of Use
for loss of profits, loss of data or information, business
interruption or other pecuniary loss or for any special,
indirect, incidental or consequential damages, even if we, our
affiliates, directors, officers, agents, employees, licensors,
subcontractors or suppliers have been advised of the possibility
of such damages.
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In addition, to the extent permitted by applicable law, we
(including our parent company, subsidiaries and affiliates and
our, and their directors, officers, agents, employees,
suppliers, subcontractors or licensors) are not liable, and you
agree not to hold us responsible, for any damages or losses
resulting directly or indirectly from:
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the content or other information you provide when using the
Services;
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your use of or your inability to use our Services;
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pricing, shipping, format or other guidance provided by us;
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delays or disruptions in our Services;
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viruses or other malicious software obtained by accessing or
linking to our Services;
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bugs, errors or inaccuracies of any kind in our Services;
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damage to your hardware device from the use of products sold
on the Site or our Services;
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the content, actions or inactions of third parties using our
Services;
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a suspension or other action taken by us with respect to your
use of the Services;
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the duration or manner in which your listings appear in search
results; or
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your need to modify practices, content or behaviour or your
loss of or inability to do business as a result of changes to
these Terms of Use.
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Subject to clause 5.1, if clauses 5.2 or 5.3 are held to be
unenforceable or inapplicable for any reason, then the total
liability applicable to us, our parent company, subsidiaries and
affiliates and our, and their directors, officers, agents,
employee, suppliers, subcontractors or licensors, to you,
whether based on an action or claim in contract, negligence or
breach of statutory duty or otherwise, arising out of or in
relation to these Terms of Use shall be limited to the lower of:
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the price the item sold for on our Site and its original
shipping costs; and
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the amount of fees in dispute not to exceed the total fees
that you paid to us in the twelve (12) months prior to the
action giving rise to the liability; or
- EGP 300.
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You agree to indemnify and hold us, our parent company,
subsidiaries and affiliates and our, and their directors,
officers, agents, employee, suppliers, subcontractors or
licensors harmless from and against any losses, damages and
expenses (including legal fees and attorney’s fees) (“Claims”)
arising out of or relating to:
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any claims or demands made by any third party due to or
arising out of your use of the Services;
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your violation of any of the provisions of these Terms of Use,
including, without limitation, any of the warranties,
representations and undertakings;
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your violation of any applicable laws, including, without
limitation, data protection or anti-spam laws; or
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the manner in which you use our Services, including, without
limitation, that the content you post, the items you list or
your trademarks infringe the Intellectual Property Rights of
any third party or that the content of your listings is
slanderous, defamatory, obscene or violates any other rights
(including privacy rights) of any third party (including other
Site users).
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Suspension, Termination & Cancellation
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Without prejudice to any of our rights and remedies and without
any liability to you, we may limit, suspend or withdraw a user’s
access to the Services, cancel any product(s) order and/or
remove hosted content submitted by you at our sole discretion.
For the avoidance of doubt, any amounts paid and received by us
in relation to a cancelled product(s) order will be refunded.
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REPORTING VIOLATIONS OF THESE TERMS OF USE
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We are committed to ensuring that listed items and content on
our Site comply with these Terms of Use. If you believe that a
listed item or content breaches these Terms of Use, please
notify us on the details in clause 8.12 and we will
investigate.
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NOON AFFILIATES & ADDITIONAL FUNCTIONS
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Noon E Commerce SAE and/or its affiliates ("Noon’s Affiliates") provide website features and other
products and services to you when you use or sign-up as a buyer and/or seller on the Site. “Affiliate”
means, with respect to a particular person, any entity that directly or indirectly controls, is
controlled by, or is under common control with such person.
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To enhance your experience across the Site and with Noon’s Affiliates, you hereby agree that we may
set-up additional services, functions and/or accounts on your behalf, by using the information you
provide to us on the Site.
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General
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Governing Law. These Terms of Use and any non-contractual
rights or obligations arising out of or in connection with it
shall be governed by and construed in accordance with the
applicable laws of Egypt.
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Dispute Resolution. If you have an issue with our
Services, please contact us. We will endeavour to resolve your
issue as soon as possible. Any disputes or Claims arising out of
or in connection with these Terms of Use, including any
non-contractual rights or obligations arising out of or in
connection with these Terms of Use shall be referred to and
finally resolved by Egypt courts.
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Third Party Rights. A person who is not a party to these
Terms of Use has no right to enforce any of its terms.
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Relationship of the Parties. Nothing contained in these
Terms of Use will be deemed or construed by the parties or any
third party to create the relationship of partnership, joint
venture or agency between the parties, it being understood that
the parties will at all times remain independent parties
contracting for Services.
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Further Assurances. The parties will do and execute or
arrange for the doing and executing of each necessary act,
document and thing reasonably within its power to implement and
give effect to these Terms of Use to its full extent, including,
without limitation, assisting each other in complying with
applicable law.
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Assignment. These Terms of Use will be binding upon and
enure to the benefit of the parties and their respective
successors and permitted assigns. You agree that you will not
assign or transfer these Terms of Use or any of your rights or
obligations under these Terms of Use, whether directly or
indirectly, without first obtaining our prior written consent,
such consent not to be unreasonably withheld.
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Entire Agreement. These Terms of Use and the documents
referred to or incorporated herein by reference contain the
entire agreement between the parties with respect to the subject
matter and supersede all prior agreements, negotiations and
representations, written or oral, relating to its subject
matter. Except as provided in these Terms of Use and the
documents referred to or incorporated into these Terms of Use by
reference, there are no conditions, representations, warranties,
undertakings or agreements between the parties whether direct,
indirect, collateral, express or implied.
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Amendment. These Terms of Use cannot be modified, varied,
amended or supplemented in any way by you. We reserve the right
to modify, vary, amend or supplement these Terms of Use at any
time and from time to time. We will post the current version of
these Terms of Use on the Site and each such change will be
effective upon posting on the Site or upon the date designated
by us as the “effective date” (if any). Your continued use of
the Services following any such change constitutes your
agreement to be bound by and its acceptance of these Terms of
Use as so modified.
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Severability. If any provision of these Terms of Use is
determined by any court of competent jurisdiction to be invalid,
illegal or unenforceable, that provision will be severed from
these Terms of Use and the remaining provisions will continue in
full force and effect so long as the economic or legal substance
of the transactions contemplated hereby is not affected in any
manner materially adverse to either of the parties.
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Force Majeure. Neither party will be liable for any loss
or damage or for any delay or failure in performance due to acts
beyond the control of such party whether or not such acts could
reasonably be anticipated (including acts of God, legislative,
judicial or regulatory acts of any provincial or the federal
government, court or regulatory authority, acts of any of our
subcontractors or any third party providers of goods or Services
to us, labour disruptions, blackouts, embargoes).
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No Waiver. Any waiver by us of any of the provisions of
these Terms of Use will not constitute a waiver of any other
provision (whether similar or not), nor will any such waiver
constitute a continuing waiver of that particular provision,
unless expressly provided by us in writing.
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Communications. You may contact us through email, social
media or live chat on the Site, or by calling our call centre on
800-3-8888(UAE) or 800-11-60-210 (KSA) or 16358 (Egypt).
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Survival. All provisions that either expressly or by
their nature survive, will survive suspension or termination of
your membership of the Site.