Terms and Conditions

cool

Effective Date: 27 September 2018

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE KINGDOM OF BAHRAIN, PLEASE READ IT CAREFULLY.

Thank you for visiting a website or application provided by Jalal Ionics Co. W.L.L. (Aqua Cool).

Jalal Ionics Co. W.L.L. (“JIC“) currently own or operate the following brand: AQUA COOL. New brands may be added from time to time by JIL without notice.

JIC provides certain products and services through: (a) its website including, but not limited to, www.aquacool.bh, www.jalal.com/aquacool and other websites that it may introduce or acquire in the future; (b) various social media accounts including, but not limited to, Facebook, Twitter, Instagram, Pinterest and YouTube; and (c) through JIC’s various other messaging, telephone and other forms of communications, mobile technologies, applications and services, in each case, as may be updated by JIC from time to time (collectively, the “JIC Services“). Your use of the JIC Services and any of its information, content and services available through the JIC Services are subject to these terms and conditions (“Terms“), the Privacy Policy, and any applicable site-specific policies included by reference in these Terms.

These Terms are current as of the Effective Date. JIC reserves the right to change these Terms from time to time. Please consult these Terms from time to time since JIC may, at any time, and without notice, revise these Terms by updating this posting.

Please read these Terms carefully. By accessing or using the JIC Services, you are bound by these Terms and any revisions, so you should periodically visit this page to review the current Terms. Access or use of the JIC Services following any change to the Terms constitutes your agreement to those changes. If, at any time, you choose not to accept the terms of these Terms, you should not access or use the JIC Services.

You agree that you do not have any rights in the JIC Services and that JIC will have no liability to you if the JIC Services, or any portion thereof, are discontinued or your ability to access or use the JIC Services is terminated.

Table of Contents

  1. Authorized Users
  2. Account and Passwords
  3. JIC Policies and Procedures for Purchases
    a.     Delivery Policies
    b.     Images
  4. Legal Notices
  5. Sweepstakes and Contests; Social Media Campaigns
  6. JIC Content
  7. JIC Use of User Content
  8. Third Party Content
  9. No Infringing Use
  10. Mobile Capabilities
  11. Security
  12. Communications
  13. Privacy Policy
  14. Binding Arbitration / Class Waiver
  15. Indemnity
  16. Warranty Disclaimer
  17. Limitation on Liability
  18. Limited Time to Bring Your Claim / Trial by Jury
  19. Miscellaneous

 

  1. Authorized Users. You affirm that you are 18 years of age or older. Indeed, in order to make a purchase through the JIC Services, you must be 18 and have a valid credit card or other acceptable electronic payment method. Subject to these Terms, you may not use the JIC Services if you are unable to form a legal binding agreement with JIC. You agree that you are only authorized to visit or use the JIC Services for your own personal use and not for any business purposes without a separate agreement in writing with JIC.
  2. Accounts and Passwords. You need to establish an account to use or access certain features of the JIC Services. During the account registration process, you will be asked to select a unique password. You are solely responsible for protecting the security and confidentiality of your password, as applicable, and are accountable for any activity undertaken through your JIC account. By logging into the JIC Services, you represent and warrant that: (a) you are the customer who registered for the JIC Services; and (b) that you are using the JIC Services only for permitted purposes. You will immediately notify JIC by providing notice to JIC Customer Service at aquacool@jalal.com or call us at 1778 4101 of any unauthorized use of the password or account or any other breach of security. You agree to exit from your account at the end of each session.If you create an account, you represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that JIC in its sole discretion deems offensive.
  3. JIC Policies and Procedures for Purchases. By accessing or using the JIC Services, you agree to the various JIC policies and procedures for the purchase of the products or goods offered through the JIC Services which are made part of these Terms.

(a) Delivery Policy:
Currently Aqua Cool products are only delivered within the Kingdom of Bahrain.

We offer standard Next Day Delivery and for a small additional premium we offer Same Day Delivery to your home or office. Same Day Delivery requests can only be accepted up to 4pm, the cut-off time. Unfortunately, we cannot guarantee delivery at a specific time of day.

All orders are subject to product availability. If an item in your order is unavailable, we will deliver you the part of your order that is available. When that item becomes available, we will deliver you the rest of your order.

Delivery costs for your order are non-refundable and are based on the total order value and the type of delivery you choose, i.e. Standard Next Day Delivery or at an additional premium Same Day Delivery. The time of delivery for your order may vary due to the delivery location and the quantity of items ordered, and in addition your order may be delivered in separate shipments in the unlikely case items are unavailable. If there is any damage to the items that you ordered on delivery, you must contact us the same day, the day you order is delivered, and call us at 1787 5098.

(b) Images.
JIC Services use images for display purposes only. Actual products may differ slightly from product images displayed.

  1. Legal Notices. JIC posts legal notices on pages of the JIC Services. The JIC Services may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of JIC or other parties. Except as expressly provided in Section 7 of these Terms, no license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights is granted to or conferred upon you.
  2. Sweepstakes and Contests; Social Media Campaigns. JIC may conduct campaigns, contests and sweepstakes through JIC’s various social media channels and, as part of those campaigns, contests and sweepstakes, JIC may solicit responses and submissions from you using various popular social media mechanisms used to indicate that you are responding to JIC. For example, you may respond on Facebook, Twitter or Instagram with a #yesAQUACOOL or direct your reply to @aquacool. By directing those responses and submissions to JIC, such responses and submissions are considered User Content (as defined in Section 8) under these Terms – and, in addition to the other obligations of Section 8 of the Terms, you agree to grant JIC a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sub licensable and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television, radio or any other uses or media) such User Content, in whole or in part, including future rights that JIC (or its successors) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law.
  3. JIC Content. Content on the JIC Services that is provided by JIC, its employees or its licensors, including original art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans and the compilation of the foregoing (“JIC Content“) is the property of JIC or its licensors and is protected in the Kingdom of Bahrain and internationally under trademark, copyright and other intellectual property laws.You are authorized to access and use the JIC Services and related JIC Content; provided that: (a) your use of the JIC Services and JIC Content as permitted hereunder is solely for your personal, non-commercial use; (b) you will not copy, distribute or transfer any portion of the JIC Services or JIC Content on any media without JIC’s prior written or electronic approval; (c) you will not alter, adapt, reverse engineer, or otherwise modify any part of the JIC Services or JIC Content other than as may be reasonably necessary to use that part of the JIC Services or JIC Content for its intended purpose; and (d) you will otherwise comply in full with these Terms.
  1. JIC Use of User Content. Subject to our Privacy Policy, JIC reserves the right to display advertisements in connection with any content provided by you to JIC (“User Content“) and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of JIC’s distribution partners and third-party service providers (including their downstream users).
  2. Third Party Content. JIC has no control over and is not responsible and assumes no liability for: (i) any third party content contained within the JIC Services; or (ii) the applicable third parties.
  3. No Infringing Use. JIC respects the intellectual property of others, and JIC expects its users to do the same. It is JIC’s policy, in appropriate circumstances and at JIC’s discretion, to disable or terminate users of the JIC Services who infringe or repeatedly infringe the copyrights or other intellectual property rights of JIC or other rights owners.
  4. Mobile Capabilities. The JIC Services may include certain services available via your mobile phone, including, without limitation: (a) the ability to upload to JIC websites or applications via your mobile phone; (b) the ability to receive and reply to messages and to send content and messages using text messaging or push notifications; and (c) the ability to access the JIC Services from your mobile phone (“Mobile Services“). JIC does not charge for Mobile Services unless otherwise noted; however, your carrier’s normal messaging, data and other rates and fees may still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that JIC may communicate with you regarding the JIC Services and JIC’s partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to JIC. You agree that in connection with the Mobile Services for which you are registered, JIC may send communications to your mobile device regarding JIC or other parties. Further, JIC may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify JIC of any changes to your mobile number and update your account(s) through the JIC Services to reflect this change.
  5. Security. You shall not violate or attempt to violate the security of the JIC Services. Violations of system or network security may result in civil or criminal liability. JIC reserves the right to investigate occurrences which may involve such violations and may involve and cooperate actively with law enforcement authorities in prosecuting users who have participated in such violations.
  6. Communications. With respect to all communications with JIC, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your communications and JIC shall have no obligation to protect your communications from disclosure; (b) JIC shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) JIC shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information without any consideration or accounting.
  7. Privacy Policy. Your privacy is important to JIC. JIC’s Privacy Policy is incorporated into, subject to and made part of these Terms.
  8. Binding Arbitration / Class Waiver.

(a) You and JIC agree that all disputes, controversies and claims related to these Terms (including the Privacy Policy, JIC Services and any order for any product from JIC) (each a “Claim“), shall be finally and exclusively resolved by binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.

(b) YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND JIC ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE JIC SERVICES, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS OR JIC’S PRIVACY POLICY AND PRACTICES (COLLECTIVELY “DISPUTES“), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE THE COMMITTEE OF ARBITRATION AND DISPUTE RESOLUTION OF THE BAHRAIN CHAMBER OF COMMERCE AND INDUSTRY (“BCCI“), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE BCCI’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES“). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN THE KINGDOM OF BAHRAIN.

(c) Payment of arbitration costs will be governed by the BCCI’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case JIC will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. JIC also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the BCCI. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.

(d) The arbitration will be conducted in the Kingdom of Bahrain. The arbitrator’s award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.

(e) For more information on BCCI, its Rules and Procedures, and how to file an arbitration claim, you may call BCCI at 1738 000 or visit the BCCI website at www.bcci.bh.

(f) Notwithstanding anything to the contrary herein, to the extent the Dispute arises from:

(i) a violation of your or JIC’s intellectual property rights in any manner;

(ii) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and

(iii) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent with the “Governing Law” section below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

(g) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.

(h) YOU AND JIC AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

  1. Indemnity. By using any of the JIC Services, you agree to indemnify and hold JIC, its subsidiaries, affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your improper use of such JIC Services; (b) any User Content provided or used by you; or (c) your violation of these Terms.
  2. Warranty Disclaimer. YOUR USE OF THE JIC SERVICES IS AT YOUR SOLE RISK. JIC MAKES NO WARRANTY THAT THE JIC SERVICES WILL MEET YOUR REQUIREMENTS. ALL JIC SERVICES INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. JIC DOES NOT WARRANT THAT THE JIC SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
  3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW JIC SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS OR ACCESS TO, USE OF OR THE OPERATION OF THE JIC SERVICES.
  4. Limited Time to Bring Your Claim / Trial by Jury. You and JIC agree that any cause of action arising out of or related to the JIC Services or any JIC Content including but not limited to any Claim or Dispute must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. To the extent allowed by law, each of you and JIC waive any right to trial by jury in any Dispute.
  5. Miscellaneous. Both you and JIC acknowledge and agree that no partnership is formed, and neither you nor JIC has the power or the authority to obligate or bind the other. These Terms will be governed by and construed in accordance with the laws of the Kingdom of Bahrain. If any provision of these Terms is determined to be unlawful, void or unenforceable by a tribunal of competent jurisdiction, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. If JIC fails to act with respect to your breach or anyone else’s breach on any occasion, JIC is not waiving its right to act with respect to future or similar breaches. These Terms constitute a binding agreement between you and JIC, and are accepted by you as a condition for your use of the JIC Services or your account. These Terms constitute the entire agreement between you and JIC regarding the use of the JIC Services and the JIC Content.