1.1 The website www.khamsa5.com (the “Service”) is developed, owned and operated by Mechelany Group LLC, a company incorporated under the applicable laws of Sharjah Media City, Sharjah, United Arab Emirates.
1.2 These terms and conditions (as amended from time to time) govern your use of all Services. If you do not agree with these terms and conditions, please do not use the Service. The use of the Service is conditioned to the full acceptance and agreement of the following terms and conditions.
1.3 By accessing and/or using the Service, you (“the User”, “you”, your”) agree (1) to be bound by these terms and conditions (“Terms and Conditions”) and are deemed to have read and understood all of its contents and implications; and (2) to grant free and unconditional consent to be subject to these Terms and Conditions as applicable.
Please review the following terms and conditions carefully before using this Service.
2. Age Limit
2.1 You must be at least 16 years of age in order to use the Service.
2.2 We strongly recommend that if you are 16 years of age or older but not yet 18, you ask your parents for permission before sending any information about yourself to anyone over the internet and we encourage parents to teach their children about safe internet use practices. Parents can find out more here.
3. Use of the Service by You
3.1 You may retrieve and display Content from this Service on a computer screen or other device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, non-commercial use. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of any Content. You agree to use the Service only for your own personal non-commercial use and lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
3.2 Notwithstanding anything else in these terms and conditions, you agree not to use the Services:
3.2.1 in any way that breaches any applicable local, national or international law or regulation;
3.2.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3.2.3 for the purpose of harming or attempting to harm minors in any way;
3.2.4 to send, knowingly receive, upload, submit download, use or re-use any material which does not comply with our Acceptable Content Policy below;
3.2.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
3.2.6 to knowingly 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; or
3.2.7 to copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise;
3.3 Other than connecting to Khamsa’s servers by HTTP requests using a web browser, you may not attempt to gain access to Khamsa’s servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
3.4 You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with others’ use of the Service.
4. Warranty and Limitation of Liability
4.1 Mechelany Group reserves the right to modify the content of the Site at any time and without notice, to interrupt or suspend all or part of the functionalities of the Site at any time and without notice. It cannot be held responsible for the consequences of these modifications and interruptions.
4.2 Mechelany Group does not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Service. We do not guarantee that you will be able to access or use the Service at times or locations of your choosing, or that we will have adequate capacity for the Service as a whole or in any specific geographic area
4.3 The Service may also include certain features, functionality, and/or Content that may be hosted, administered, supplied by or operated by third-party service providers, such as social, community and public discussion areas, photo and video galleries, blogs, auctions, shopping and payment processing. We do not control such linked services, and are not responsible for their content, functionality, or legality. These service providers may require that you agree to their additional terms, conditions, contracts, agreements and/or rules. Your compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with these Terms and Conditions. Those third parties may collect data or solicit personal information from you; we are not responsible for the collection, use or disclosure of any information those services may collect. Linking to any other service or website from this Service is at your own risk. Mechelany Group specifically disclaims any and all liability in connection with the acts or omissions of such third party service providers
5. Information collected
5.1 We may collect Personal Information that you submit to us voluntarily through our Website. We collect this information when you register, create and edit a profile, answer survey questions, enter contests and use certain features on the Website or other methods of submitting information. The types of information you can choose to provide on our Website may include, without limitation:
- Name, username, password, email address, and other contact information.
- Billing and shipping addresses, credit card number, and expiration date.
We or our third-party service providers may also gather information relating to your devices, including device model, operating system, browser type, unique device identifier, IP address, mobile phone number, mobile network carrier, and location (such as application installations), other personal information you choose to provide such as your preferences, etc.
6. Intellectual Property Rights
6.1 All Content and other material on the Service is owned by us or our third-party licensors (and is protected by international copyright, trade dress, design, patent, and trade mark laws, international conventions, and other laws protecting intellectual property and related proprietary rights). All such rights are reserved for us and our licensors.
6.2 You acknowledge that ‘Khamsa’ and any other brands or logos that belong to Mechelany Group within the Service are Mechelany Group trade marks and that you may not use them without written permission from us.
6.3 You agree not to remove, obscure, or alter any copyright, patent, trade mark, or other proprietary rights notices appearing on the Service. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt or create derivative works from the Content on the Service or Mechelany Group trademarks.
7. Applicable law and attribution of jurisdiction
7.1 Any dispute relating in particular to the application, execution, interpretation and/or validity of the General Conditions of Use and/or use of the Site and/or the services offered, which cannot be resolved amicable, will be subject to UAE law. Exclusive jurisdiction is given to the courts of Dubai.