TERMS & CONDITIONS
INTRO
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The http://www.frshryde.com/ website (Site) is operated by Plug & Play LLC (we, us, our), and these Terms of Use apply to the visitors and users of the Site (you, your), including the products, services, Content (as defined below), tools, and information on the Site. By using or accessing the Site, you agree to these Terms of Use.
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We may at any time vary these Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Site, by publishing the varied Terms of Use on the Site. We will indicate on the Site that these Terms of Use have changed. You accept that by doing this, we will have provided you with sufficient notice of the variation to the Terms of Use. By using the Site after any variation to these Terms of Use, you have indicated your acceptance to the then current Terms of Use.
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USE OF SITE
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The Site is provided to offer visitors a variety of products that they can buy directly online and have delivered to an address of their choice in the countries listed on the site using IQ Fulfilment as a logistical partner.
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COOKIES
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We employ the use of cookies. By accessing frshryde.com, you agreed to use cookies in agreement with the Frsh Ryde's Privacy Policy.
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Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
LICENSE
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Unless otherwise stated, plug and play LLC and/or its licensors own the intellectual property rights for all material on frshryde.com. All intellectual property rights are reserved. You may access this from frshryde.com for your own personal use subjected to restrictions set in these terms and conditions.
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You must not:
• Republish material from frshryde.com
• Sell, rent or sub-license material from frshryde.com
• Reproduce, duplicate or copy material from frshryde.com
• Redistribute content from frshryde.com
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Frshryde.com does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of frshryde.com ,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, frshryde.com shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
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Frshryde.com reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
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You warrant and represent that:
• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant plug and play LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
NO WARRANTIES
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We do not warrant, represent or undertake that:
(a) the Site will meet your needs, or that it will be uninterrupted, timely, secure, error-free or free from viruses;
(b) the information obtained from or available on the Site will be accurate or reliable, or that the quality of any information, or other material obtained by you through your use of the Site will meet your expectations; or
(c) content descriptions, photographs, videos or any representations or warranties made available on the Site including but not limited to those relating to the goods and services being advertised on the Site, are accurate.
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All warranties implied by law, except those that cannot be lawfully excluded, are excluded.
USE OF THE SITE
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The Site allows users to browse and shop for goods or services. The Site facilitates online payments through third party secured online payment portal “Stripe”.
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You shall be solely responsible for any sale, purchase or other transaction that results from or are concluded as a result of the information provided on the Site. The site will refund any goods or services purchased in accordance to its Delivery and Returns policy.
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SUBMISSION OF CONTENT
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By submitting, directly or indirectly, any Content to the Site, or causing to be submitted any Content to the Site (Submissions), you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:
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MEANS OF ACCESS
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The Site is generally intended to be viewed by a conventional web browser with a screen resolution of 1024 by 768 pixels or greater. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods.
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You use the Site entirely at your own risk.
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You must not access the Site through devices or services that are designed to provide high-speed, automated, repeated access.
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Certain parts of the Site are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorised access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.
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ELIGIBILITY AND REGISTRATION
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In order to access the Site, you must satisfy the minimum age requirement of 21 years (measured according to the Gregorian calendar) and have full legal capacity.
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Any person under the age of 21 years (measured according to the Gregorian calendar) accessing the Site must have permission from their parent or guardian to do so.
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You warrant, represent and undertake that you possess the legal right and ability to access the Site in accordance with these Terms of Use.
ONLINE ACCOUNT
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In order to make use of certain parts of the Site, you will need to register an online account with us through this Site (Online Account). In order to register an Online Account, you must:
(a) satisfy the minimum age requirement of 21 years (measured according to the Gregorian calendar);
(b) provide us with complete and accurate registration information including your full name, gender, location, phone number and email address and, if you chose, your photograph;
(c) ensure your use of the Site is in accordance with these Terms of Use and any applicable laws; and
(d) select a username and password (Log-In Details).
PASSWORD SECURITY AND NOTIFICATION
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You are solely responsible for all activities that occur in connection with your Log-In Details in respect of the Site and your Online Account. Accordingly, you must take steps to protect the confidentiality of your Log-In Details. You must notify us immediately if you become aware of any disclosure, loss, theft or unauthorised use of your Log-In Details.
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LINKS TO AND FROM THE SITE
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You must not establish a link from any website that you do not own.
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Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
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Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
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LIMITATION OF LIABILITY
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Subject to any responsibilities implied by law and which cannot be excluded, none of our directors, employees, agents or contractors, are liable to you for any losses, damages, liabilities, claims and expenses (including without limitation but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content, Third Party Material, Third Party Companies, disclosure if your User Information or your access to the Site, however caused, whether in contract, tort (including negligence), statute or otherwise.
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INDEMNITY
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You indemnify us in full in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Terms of Use. Where you use the Site inappropriately or maliciously, you agree that you will indemnify us against any losses suffered by us or any third parties as a result of or in connection with such use.
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AVAILABILITY OF THE SITE
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As electronic services are subject to interruption or breakdown, access to the Site is offered on an “as is” and “as available” basis only.
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We may, at our sole discretion, impose limits or restrictions on the use you may make of the Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, we may withdraw the Site or your access to the Site, at any time and without notice to you.
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RESTRICTIONS ON USE OF THE SITE
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You agree that you will not (either yourself or through any third party):
(a) use the Site in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers;
(b) use the Site in any manner that would, or could reasonably be expected to, interfere with any other party’s use of the Site or which is, or which is likely to be, in contravention of any applicable laws or any party's rights or legal entitlements under any applicable laws;
(c) use any robot, spider, screen scraper, data aggregation tool or other automatic device, routine or process (Automated Process) to process, monitor, copy or extract any web pages on the Site, or any of the information, Content or data contained within or accessible through the Site, without our prior written permission;
(d) use any Automated Process to aggregate or combine information, Content or data contained within or accessible through the Site with information, Content or data accessible via or sourced from any third party;
(e) use any Automated Process to interfere or attempt to interfere with the proper working of the Site or any transaction or process being conducted on or through it;
(f) misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or technologically harmful;
(g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Site;
(h) attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;
(i) attempt to attack the Site via a denial-of-service attack or a distributed denial-of-service attack;
(j) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Site; or
(k) copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any Content from the Site without our prior written permission.
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PRIVACY
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Your privacy and security is very important to us. Certain data items are collected and used by us and the Site in order to provide your Online Account and other online services. The Site will record and track the use you make of the Site through the use of, among other things, cookies and other monitoring tools and devices. The use of this data is subject to our Privacy Policy. The Privacy Policy is deemed to be part of these Terms of Use and you must read it in full. If you do not indicate your acceptance of the terms of the Privacy Policy, you may not use the Site.
HYPERLINKING TO OUR CONTENT
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The following organizations may link to our Website without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.
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We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of frshryde.com; and (d) the link is in the context of general resource information.
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These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
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If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to frshryde.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
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Approved organizations may hyperlink to our Website as follows:
• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
• No use of Frsh Ryde's logo or other artwork will be allowed for linking absent a trademark license agreement.
COPYRIGHT AND TRADE MARKS
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The frsh ryde trade marks (Trade Marks) are the sole property of us or our licensors. Third party trade marks are trade marks of the respective third parties.
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You may only use and/or reproduce the Trade Marks with our express written consent.
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Except where necessary for and incidental to personally viewing the Site through your web browser, or as permitted by these Terms of Use or under applicable laws, no part of the Site may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.
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TERMINATION
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We may terminate either or both of your Online Account and your access to the Site for any or no reason, at any time, with or without notice to you and without incurring any liability to you, however that liability may arise.
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All restrictions and all disclaimers and exclusions and limitations of our liability will survive any termination. Upon termination, you must not directly or indirectly access or use the Site.
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In particular but without limitation, any breaches of clauses 4.3 or 15 may result in the immediate suspension of your Online Account.
GENERAL
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The law applicable to the Site and to disputes arising out of the Site are the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates applicable in the Emirate of Dubai. You irrevocably submit to the exclusive jurisdiction of the courts of the Emirate of Dubai.
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We may perform any of our obligations, and exercise any of the rights granted to us under these Terms of Use, through a third party. We may assign any or all of our rights and obligations under these Terms of Use to any third party.
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If any clause or part of any clause of these Terms of Use is found to be void, unenforceable or invalid, then it will be severed from these Terms of Use, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms of Use.
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You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of our rights arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause.
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We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information, and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, password, and communications); payment details (including credit card information), comments, feedback, product reviews, recommendations, and personal profile.
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When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal data will be used for the specific reasons stated above only.
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We collect such Non-personal and Personal Information for the following purposes:
1 - To provide and operate the Services;
2 - To provide our Users with ongoing customer assistance and technical support;
3 - To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
4 - To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business
partners may use to provide and improve our respective services;
5 - To comply with any applicable laws and regulations.
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Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
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We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes, we may contact you via email, telephone, text messages, and postal mail.
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We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
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If you don’t want us to process your data anymore, correct, amend or delete any personal information we have about you, please contact us at sales@frshryde.com
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