Please read these Terms and Conditions carefully before using the website and services offered by Solas Marine Services Est. (“we” “us”), www.solasmarine.com (our ” Site “) and related services are made available to you in accordance with these Terms and Conditions, and any other rules posted on our Site(collectively, the ” TAC “). By using the Site and any related service in any way, including (without limitation) visiting or browsing the Site, as well as buying, contributing content, information and other materials or services on the Site, you (or the “ user ”) agree to be bound by the TAC, which constitute an agreement between you and us, and you warrant that you have the capacity and ability to agree to the TAC (on your own behalf and on behalf of your company, if relevant) and to carry out your obligations as set out in the TAC. If you do not accept and agree to be bound by these “TAC”, you must not register yourself on the Site and must not use the Site or any of our services.

You agree that the electronic format of the TAC does not in any way affect their validity or enforceability and you agree that we may communicate with you electronically for all aspects of your use of the Site.

Solas Marine Services Est. is a company registered in Emirates Industrial Cities Sajja, Sharjah, United Arab Emirates under registration number 28360. Our registered address is PO Box 22371, Warehouse  No: 233/2:14. Our Corporate Office is located at Business Bay, Sobha Ivory II, Floor 1, Dubai, UAE.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TAC and our privacy policy in Section 3 below (“ Privacy Policy ”). If you are under 16 you must let your parent or guardian know about our Privacy Policy before you use the Site or any of this Site’s services. We reserve the right to only accept orders from those over 18.

We may modify the TAC from time to time (effective immediately), so please check back often. If you do not agree to any change to the TAC then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

1. REGISTRATION

1.1. To use some of the services or features made available to you on the Site you will need to register. When you register you are required to provide information about yourself or your company (if relevant) that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address onlinecare@solasmarine.com. We may also change registration requirements from time to time.

1.2. To register, you must be at least 18 years old. You are responsible for any activity that occurs under your account with us.

1.3. The account password you provide should be unique and kept secure, and you must notify us immediately of any breach of security or unauthorized use of your account.

1.4. Please refer to our Privacy Policy or information about how we use the data you provide.

2. ELIGIBILITY TO PURCHASE

2.1. In order to make purchases on the Site you will be required to provide your personal details (which term in these TAC includes information about your company, if relevant). In particular, you must provide your real name, the name of your company (if applicable), billing address, delivery address, email address, phone number. You may be requested to provide (where relevant) your company’s VAT registration number, trade license, company financial information and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided and/or authorized to use such payment method.

2.2. The Site is available only to those who meet our terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on the relevant credit/debit card in the amount of the total purchase price for the merchandise which they purchase.

2.3. By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where we feel necessary, to transmit or to obtain information (including any updated information) about you or your company (if relevant), to or from third parties, including but not limited to the relevant credit/debit card number or credit reports, to authenticate your identity, to validate the credit/debit card, to obtain an initial credit/debit card authorization and to authorize in idual purchase transactions.

2.4. Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

3.  PRIVACY POLICY

3.1. What personal information do we collect from you and how?

3.1.1. We collect personal information in several ways when you place an order or register for a service offered by us. By registering, you are consenting to the collection of your personal data. If an order is placed with us, we need to hold personal information including your name, email address, the name of your company (if applicable), billing address, delivery address, phone number and credit/debit card billing address(es) so that we can process and fulfill your order.

3.1.2.  Saved card details will never be shared with third parties and will only be used to process your order, using our payment partner’s systems. Additionally we may also obtain information as a result of authentication or identity checks. Your telephone number may be given to our courier for delivery services. These details allow us to process your order and to let you know the status of your order.

3.2. What about Cookies?

3.2.1. Our site uses cookies (very small files that are sent by us to your computer or other access device) which we can access when you visit our Site in future.

3.2.2. There are four types of cookies:

3.2.2.1. Website functionality cookies
These cookies enable you to browse the website and use our features such as shopping baskets. Website analytics cookies. We use these cookies to measure and analyse how our customers use the Site. This allows us to continuously improve the Site and your shopping experience.

3.2.2.2. Customer preference cookies
When browsing or shopping online, the Site will remember preferences you make (for example your user name, language or location). This makes your browsing experience simpler, easier and more personal to you.

3.2.2.3. Targeting cookies or advertising cookies

These cookies are used to deliver adverts relevant to you. In addition, they limit the number of times you see an advertisement as well as helping us measure the effectiveness of our advertising campaigns.

3.2.3.  By using the Site you agree that we can place these types of cookies on your device and access them when you visit the Site in the future.

3.2.4. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.

3.2.5. Information on deleting or controlling cookies is available at www.AllAboutCookies.org.
Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of the Site.

3.3. How this information may be used, including anyone it might be shared with:

3.3.1. We may use your personal information for the processing of orders, payments and to provide you with a personalised shopping experience. We will also use your details to fulfill and deliver your orders and manage your account. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Your personal information may also be shared with other trading isions within our group. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body.

3.3.2. We may also use your personal information to send you marketing updates but only ever in accordance with your preferences (as detailed in the next section). We do not sell your details to third party marketing companies.

3.3.3. We collate information about site traffic, sales, wish lists, and other commercial information which we may pass on to third parties but this information does not include any information which can identify you personally (or your company, if relevant).

3.3.4. We may use your personal information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve the Site design to better meet our visitors’ needs.

3.3.5. From time to time we may employ third party business partners to collect personal information on our behalf. We may also share your data with third party business partners to provide you with targeted advertising. In such cases, these third parties will be subject to confidentiality agreements and instructed by us to comply with applicable data protection law.

3.4. Marketing opt-in and opt-out provision

3.4.1. When you register, you will be given the option to opt-out of subscribing to our regular update service which will send you:

3.4.1.1. Email alerts for new products, features, enhancements, special offers, upgrade opportunities, contests, events of interest, and one-off marketing promotions;

3.4.1.2. Direct mail alerts for new products, features, enhancements, special offers, events of interest, and one-off marketing promotions.

3.4.2. Marketing communications you subscribe to will only be sent by us or our authorised third party service providers.

3.4.3. At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any email we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailshot. Simply follow the indications in the e-mail. Alternatively, you can change your email preferences or opt out of all emails by logging into “My Account”. To opt out of direct mail service or updates, please contact our customer care representative on +971 4 279 1300 (from a mobile or internationally) or by email at onlinecare@solasmarine.com.

3.5. How you can access and if necessary, change the personal information we maintain:

3.5.1. If for any reason you are concerned that the personal information held by us is not correct, please visit the Site and, after logging into the Site using the ” Sign In ” menu on the home page, your personal information will be made available for review and change in the ” My Account” section. Only you or, upon your request, our customer care department, may access your personal data from the Site using your password and username. Information may be changed online within “My Details”, “Shipping Details”, and “My Email Preferences”. You can change or delete saved credit/debit card details each time you make a purchase. You will also be able to delete saved credit/debit card details by adding or editing a shipping/billing address. If you change your billing or shipping address while your order is still being processed, the order will be re-processed through security validation checks. If you prefer, you may contact us by email at onlinecare@solasmarine.com and we will amend your personal details.

3.6. Safeguarding your personally identifiable information

3.6.1. We will take reasonable care to maintain appropriate safeguards to ensure the security, integrity and privacy of the information you have provided us with. When you place an order or access your account information, we use a Secure Socket Layer (SSL) encryption which encrypts your information before it is sent to us to protect it from unauthorised use. In addition, we will take reasonable steps to ensure that third party business partners’ to whom we transfer any data will provide sufficient protection of that personal information.

3.7. Where and how to ask questions or file complaints

3.7.1. If you require further information about our Privacy Policy, please go to the “Contact Us” section of the Site and send an email or use our chat feature. If you wish to talk to a customer care representative please call us on +971 4 279 1300 (from a mobile or internationally).

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4. ORDERS

4.1. All orders are subject to acceptance and availability, and items in your basket are not reserved and may be purchased by other customers until the point at which payment for such items is confirmed.

4.2. We offer products for sale that are in stock and available for dispatch from our warehouse or one of our distribution centres. Occasionally however, we may be waiting for shipments from our suppliers. Consequently, you may from time to time be given the possibility of making an advance payment for certain items in which case you are able to make an advance purchase of those items (“Advance Purchase”). This will ensure that you receive this item in priority once stock has been delivered to us. We will only take Advance Purchase orders for stock that has been scheduled for delivery by a third party supplier. Your rights regarding any Advance Purchase are the same as those for any other purchase from us. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not currently held in stock (the “Waiting List”)

4.3. Items received from third party suppliers by us may be pre-allocated to satisfy Advance Purchase orders and customers making an Advance Purchase will receive items in priority to customers on the Waiting List referred to above or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected items for which an Advance Purchase was made due to production problems or quality check issues identified when we receive such items into stock. In these circumstances, we will notify you by email and refund the advance payment to your credit/debit card within thirty days of becoming aware that such items are unavailable.

4.4. If you have registered your email address for the Waiting List, we will attempt to notify you by email within one week of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand may sell out during this period.

4.5. We will store a record of your transactions on the Site for a minimum of one year.

5. PRICING POLICY

5.1. Prices shown on the Site are in United Arab Emirates Dirhams (“AED ”), INCOTERMS Ex-Works, Sharjah, United Arab Emirates, and are exclusive of any applicable tax (including VAT) which is your responsibility and for your account.

5.2. All prices and offers remain valid as advertised from time to time. The price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of error.

5.3. Product prices are set at the time a product is first displayed on the Site using existing currency exchange rates. These prices are subject to change if an applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling process up to confirmation of payment.

5.4. There is no delivery charge within the UAE for products purchased from the Site if you elect for collection of such products from our warehouse or one of our distribution centres (as notified to you as applicable), or, if you elect for us to arrange delivery after two business days. Otherwise, all delivery costs, and transportation (including any transportation packaging costs) of products purchased from the Site are your responsibility and for your account. You will be invoiced directly from our shipping partner if you elect for us to arrange delivery within two business days.

5.5. We will deliver and arrange delivery on your behalf only within the UAE. Customers purchasing products on the Site for delivery outside the United Arab Emirates will be responsible for arranging their own delivery, for any applicable import duty and tax, and for complying with any relevant import regulations in the country of destination. In such case, please contact us by email with your specific requirements at onlinecare@solasmarine.com. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

5.6. If you are a customer whose credit/debit card is not denominated in AED, the final price will be calculated in accordance with the exchange rate applicable as at that time and as applied by your payment service provider. We are not liable for any exchange fees in respect of any purchases made through the Site and shall not be responsible for any and all liabilities in relation to the same.

6. ACCEPTANCE OF YOUR ORDER

6.1. Once your order has been placed, you will receive an email or SMS (if you have provided your mobile telephone number to us) acknowledging and setting out the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

6.2. Unless you cancel your order, acceptance of your order and completion of the contract between you and us will take place when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Sharjah, United Arab Emirates and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on our behalf.

6.3. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping or purchase restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, that you do not meet the eligibility criteria set out within the TAC, or if we are not able to verify your identity/authority to purchase the item(s) in question.

6.4. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or suspending any transaction after processing has begun.

6.5. Whilst every effort is made to make sure details on our Sites are accurate, we may from time to time discover an error in the pricing or description of products (including any images thereof for description). If we discover an error in the pricing of a product in your order, we will let you know as soon as reasonably practicable. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price or with the incorrect product details and reserve the right to cancel such an order including any order which has been accepted or is in transit. If you order a product that is priced or described incorrectly for any reason, we will email or telephone you on the details provided by you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as reasonably practicable. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

7. PAYMENT

7.1. We accept Visa, MasterCard, and American Express cards, and any other methods which may be clearly advertised on the Site from time to time. Payment will be debited and cleared from your account upon your electing “Pay Now” for your order. You confirm that the credit/debit card that is being used is yours or that of your company (if relevant) and/or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery.

7.2. We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which
you have initiated.

7.3. To help ensure that your shopping experience is safe, simple, and secure, we use secure socket layer (SSL) technology.

7.4. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

8. PROMOTION CODES

8.1. Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. We have the right to end the validity of any promotion codes at any time, for any reason.

9. INSURANCE, RISK AND DESPATCH

9.1. We do not insure your purchase during the time it is in transit to the delivery address you provide in your order, unless you have elected for us to arrange delivery for you, otherwise, insurance is your responsibility and for your account.

9.2. Risk in all products purchased from the Site passes to you immediately on delivery, which will vary depending on how you have elected for delivery to occur.

9.3. Please note that we aim to dispatch all orders within 6 business days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by destination customs clearance processes or any delay due to traffic congestion, road closures or other transportation issues outside of our control.

10. WARRANTY

10.1. We provide a product warranty in respect of the items sold on our Site, and accordingly we warrant to you that such of our products will be free from defects in material and workmanship for the period of no more than twelve (12) months from the date of delivery (“ Warranty”) (subject to Section 10.2 below and unless specifically mentioned otherwise against the line item in the relevant confirmed order).

10.2. The Warranty does not apply in respect of:

10.2.1. any defect in any item sold on our Site which is not notified to us prior to the earlier of the date the relevant product(s) are resold; and five days from date of delivery to you. On expiry of such period, you will be deemed to have irrevocably and unconditionally accepted the relevant product(s);
10.2.2. any defect in any item sold on our Site which is caused as a result of improper installation (other than by us), improper storage, inadequate maintenance, fire, impact or other external event, neglect, misuse, abuse or failure to comply with any training, advice or instructions provided by us; or

10.2.3. consumable items; or

10.2.4. items with shelf life less than one year, and applies only to replacement or repair of the relevant item, so long as the manufacturer’s original warranty remains valid.

11. INTELLECTUAL PROPERTY RIGHTS

11.1. We reserve all our intellectual property rights with respect to any graphics, photographs (including (without limitation) all image rights), or text on the Site, excluding Your Content (as defined below) (“ Our Content ”).

11.2. Your use of the Site and any related services grant no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to Our Content, including our Software and all HTML and other code contained in this Site. All Our Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on the Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use Our Content only as expressly authorised by us or our third party licensors. Any reproduction or redistribution of Our Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Our Content for your own personal use.

12. OUR CONTENT

12.1. We try to ensure that the information on the Site is accurate and complete. We do not promise however that Our Content is accurate or error-free and we make no representation or warranty of any kind with respect to the Site or any of its content. We are not responsible to you or anybody else for any loss incurred in relation to use of the Site. Your use of the Site and any associated services is entirely at your own risk. We do not promise that the functional aspects of the Site or Our Content will be error free or that the Site, Our Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed.

12.2. Opinions expressed on the Site are the personal opinions of the authors and do not reflect our views. If you have a complaint about any posts on the Site please email
onlinecare@solasmarine.com.

12.3. The personal opinions of our customers, or any third parties with whom we are associated are their own and do not necessarily reflect our views, and we accept no responsibility for any such views expressed in any media.

13. YOUR CONTENT

13.1. You are responsible for your use of the Site, for any information, text, graphics, photos or other materials which you upload or post to the Site and for any consequences thereof (collectively “ Your Content ”). You should only provide content that you are comfortable sharing with others under the TAC. Your Content may be moderated and may take up to 72 hrs to be displayed but we do not commit to checking all content and will not be liable for the same. Any use or reliance on your content, or content provided by any party other than us (such as other users) (“ Other Content ”) or obtained by you through the Site is at your own risk. We reserve the right, in our sole discretion, not to publish or to remove any of Your content or other content that we believe may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, contrary to public morals, customs, practices or beliefs, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data or improperly uses the medium for promoting and advertising businesses.

13.2. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of Other Content or endorse any opinions expressed via the Site. You understand that by using the Site, you may be exposed to Other Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise inaccurate or deceptive. Under no circumstances will we be liable in any way for any of Your Content or Other Content, including, but not limited to, any errors or omissions in Your Content or Other Content, or any loss or damage of any kind incurred as a result of the use of Your Content or Other Content posted, emailed, transmitted or otherwise made available via the Site or broadcast elsewhere.

13.3. You retain your rights to Your Content. By submitting, posting or displaying Your Content on or
through the Site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute Your Content in any and all media or distribution methods (now known or later
developed). You agree that this license includes the right for us to provide, promote, and improve the services we provide and to make Your Content available to other companies, organizations or iniduals who partner with us for the syndication, broadcast, distribution or publication of your content on other media and services, subject to our terms and conditions for Your Content use. Such additional uses by us, or other companies, organisations or iniduals who partner with us, may be made with no compensation paid to you with respect to Your Content.

13.4. We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the TAC, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety of our users and the public.

13.5. You may not do any of the following while accessing or using the Site: (i) access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to the TAC), unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Your Content in such a manner as to interfere with or create an undue burden on the Site.

13.6. When posting Your Content, you agree not to make comments that are not factual in nature including without limitation making any racist or otherwise offensive comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments.

14. YOUR ACTIVITY

14.1. You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TAC, we may deny you access to this Site on a temporary or permanent basis.

15. THIRD PARTY SITES

15.1. We may include hyperlinks on the Site to other websites or resources operated by parties other than us, including advertisers. We have not reviewed all of the sites linked to the Site and we are not responsible for the content or accuracy of any off-Site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

16. LIMITS ON OUR LIABILITY

16.1. Nothing in the TAC is intended to affect your rights under applicable law.

16.2. If we breach the TAC we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order, and dispatching your order. In any event, we will only be liable for losses up to 100% of the total value of goods
purchased in the order referable to the loss in question.

16.3. We are not responsible for losses which are not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

16.4. We are not liable to you for any failure, breach or any delay of any nature whatsoever that is caused by any event or circumstance beyond our reasonable control including (without limitation) fire, flood, earthquake, volcanic activity, civil or military commotion, strikes, lock-outs and other industrial disputes, breakdown of information, communication, technology systems or network access, explosion or accident.

16.5. We are also not responsible for failure to meet any of our obligations under the TAC where such failure is due to events beyond our reasonable control or where due to inaccurate, misleading or untruthful information being provided by you, or to any Government order, regulation or imposed curfew.

17. COMPENSATION

17.1. At our request, you agree to compensate us fully, defend us, and hold us (together with our affiliates) harmless immediately on demand, and any of our or our affiliates’ officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TAC by you, including the use by any other persons accessing this Site using your internet account caused by your action or inaction, your use or misuse of the Site, your violation of any third party’s intellectual property rights or any dispute you may have with any other user of the Site.

18. OUR RELATIONSHIP

18.1. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the TAC or your use of the Site. You agree that you may not and will not hold yourself out as our representative, agent, or employee, and we shall not be liable for any representation, act, or omission on your part.

18.2. The TAC constitutes the entire understanding between us and you with respect to the subject matter of the TAC and supersedes all prior agreements, negotiations, correspondence and discussions between the parties relating to it. Any conflicting term as may be set out in any of your terms of purchase is expressly excluded and will not be binding on us.

18.3. If any part of the TAC becomes invalid, illegal or unenforceable, the offending terms of the TAC shall be considered removed from the TAC and the remaining terms shall continue with full force and effect.

19. NO WAIVER

19.1. If you breach the TAC and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TAC.

20. COMPLAINTS, GOVERNING LAW AND DISPUTE RESOLUTION

20.1. If you have a complaint about us email onlinecare@solasmarine.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TAC together with all our policies and procedures will be governed by and construed in accordance with the laws of [the Emirate of Dubai, and the federal laws of the UAE as the same are interpreted, applied and enforced in the Emirate of Dubai. In the event of any dispute between you and us, we will first attempt to resolve the dispute amicably and in good faith. If that is not possible, either we or you may refer the dispute to be finally settled by binding arbitration by one (1) arbitrator in accordance with the rules of the Dubai International Arbitration Centre (DIAC). The seat and location of arbitration shall be in Dubai, United Arab Emirates. The arbitration shall be conducted in the English language and the arbitration award shall be final and binding on you and us.