Terms & Conditions

1. INTRODUCTION

  1. Welcome to ATHL ENERGY MECHANICAL ENGINEERING (hereinafter referred to as “ATHL”). ATHL operates a technology platform which informs users about different products, such as solar energy equipment and solar streetlights, which are available to be leased and/or sold within the United Arab Emirates (UAE) using the ATHL website https://athlgroup.com (“Website”). These Terms and Conditions (“Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to, and use of, the Website. In these Terms, “we”, “us”, “our”, or “ATHL” refers to ATHL ENERGY MECHANICAL ENGINEERING, a company registered with the Department of Economic Development (DED), holding trade license number 894919, and “you”, “your”, or “User(s)” shall refer to you as the Website User. Any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view, access, or otherwise interact with through the Website, shall be referred to as “Content”. The Content that you contribute, submit, transmit, and/or post to, or through the Website, shall be referred to variously as “Your Content”, “Content of yours”, and/or “Content you submit.” Please read these Terms carefully. By using our Website, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. Upon accessing the Website, including any version of this Website that has been amended to geographically suit its Users, you will be asked to consent to being bound by these Terms as well as our Website privacy policy (“Privacy Policy”). Users are hence advised to review these Terms and our Privacy Policy prior to the use of the Website. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Website.

2. DEFINITIONS

  1. When used in this Agreement, the following definitions and rules of interpretation shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
  2. “ATHL” means ATHL ENERGY MECHANICAL ENGINEERING, a company registered under the Department of Economic Development, holding trade license number 894919 and their respective directors, agents, servants, officers, and employees;“Applicable Law(s)” means the relevant commercial and/or digital laws of the UAE and any country or region from where you are accessing the Website;
  3. “Content” means any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view on, access, or otherwise interact with through the Website;
  4. “External Sites” has its meaning given to it under Clause 3.6 below;
  5. “Intellectual Property” means all (i) patents, improvements thereof, patent applications and registrations, inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark applications and registrations service marks, domain logos and designs; (iii) copyrights, copyright applications and registrations; (iv) trade secrets, know-how, and other intellectual property; and (v) computer systems and applications software, including all documentation and modifications thereof;
  6. “Minor” has its meaning given to it under Clause 10.16;
  7. “Policies” means any terms, conditions, and policies (separate from these Terms), available on the Website;
  8. “Product(s)” means the solar energy products and solar streetlights displayed on our Website;
  9. “Product Description” means and includes the description, images, availability and limitations of the relevant Product(s) as posted on the Website. The Product Description varies from one Product to another;
  10. “Terms” means the clauses of these Terms and Conditions;
  11. “Use” has its meaning given to it under Clause 6.3 (ii) below;
  12. “User” means the User of the Website;
  13. “VAT” means value added tax, deemed payable pursuant to the Federal Tax Authority regulations;
  14. “Website” means the Website https://athlgroup.com/ owned by ATHL to provide User(s) with information regarding the different Products leased and/or sold, within the UAE.

3. USE OF THE WEBSITE

  1. 3.1 The User(s) shall not be required to create an Account in order to use and access certain features of the Website. Should the User wish to use the Website, then the User must provide complete and accurate information, and warrant to update such information as and when required.
  2. 3.2Whilst using the Website, you represent and warrant that all information provided to us in such process is true, accurate, and correct, and that you will update your information as and when required. You may not impersonate any person or entity, provide an e-mail address other than your own, provide or use false information to obtain access to the Website that you are not legally entitled to claim, or otherwise mislead as to the origin of a card or other content. You acknowledge that any access to ATHL using falsely claimed information may cause us, or third parties, to incur substantial economic damages and losses for which you may be held liable and accountable.
  3. 3.3 The User represents and warrants that you are at least eighteen (18) years of age and are able to enter into legally binding agreements.
  4. 3.4 We reserve the right to amend these Terms at any time without prior notice, and the Users’ continued use of the Website following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the Website.
  5. 3.5We may, from time to time, decide to change, update, or discontinue certain features of the Website. You agree and understand that we have no obligation to store or maintain your Content or other information you provide, except to the extent required by the Applicable Law(s).
  6. 3.6 The Website may include external links to third-party websites (“External Sites”). We do not investigate, review, endorse, represent, or control the content of any External Sites, unless otherwise expressly stated in these Terms. We shall not be held responsible or assume any liability towards the content displayed on External Sites. External Sites may collect your data, send cookies, solicit personal information or otherwise, and you are responsible for reviewing the External Site’s terms and conditions and privacy policy and you hereby acknowledge that you access, browse, link, and/or bookmark the External Sites at your own risk.
  7. 3.7 We may also select certain websites as priority responses to search terms that you enter. We do not recommend, nor do we endorse, the content of any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within our Website, third-party websites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We do not endorse any service(s) advertised on the Website.
  8. 3.8Some Content you see or otherwise access on, or through the Website, is used for commercial purposes. You agree and understand that we may place advertising and promotions on the Website alongside, near, adjacent, or otherwise in close proximity to your Content for commercial purposes.
  9. 3.9 In the event of any breach or violation of any Terms hereunder, ATHL reserves the right to pursue legal remedies available under the Applicable Law(s).

4. PROHIBITED ACTIVITIES

  1. 4.1 The Content and information available on the Website are proprietary to ATHL or licensed to ATHL by third parties. Users agree that they shall not engage in any of the following activities in connection with your use of the Website:
  2. i. post information on the Website that is obscene, defamatory, threatening, or malicious in nature, or any other material that is prohibited by the Applicable Law(s);
  3. ii. publish any copyright material, or material protected by any other Intellectual Property rights, unless a legal right to use and post such material has been obtained and is valid at the time of posting;
  4. iii. infringe or use ATHL brand, logo(s), and/or trademark(s) in any business name, e-mail, URL, or other context unless expressly approved in writing by the owner of the Intellectual Property as applicable;
  5. iv. attempt to circumvent any protective technological measure associated with the Website;
  6. v. violate the restrictions of any robot exclusion headers on the Website, bypass, or circumvent their measures employed to prevent or limit access to the Website;
  7. vi. access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Website, including, but not limited to, User profiles and photos, using any robot, spider, scraper, or other automated means, or any manual process for any purpose not in accordance with these Terms, or without the express written authorisation from ATHL;
  8. vii. attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers (such as search engines like Google and Yahoo);
  9. viii. download any Content unless it is expressly made available for download by ATHL from the Website;
  10. ix. post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or spam;
  11. x. impersonate or misrepresent your affiliation with another person or entity;
  12. xi. harvest or otherwise collect information about others, including telephone numbers for unlawful purposes;
  13. xii. interfere with, or disrupt any of the associated computer or technical delivery systems;
  14. xiii. interfere with, or attempt to interfere with, the access of any User, host, or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
  15. xiv. modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website; and
  16. xv. use the Website, or any Content on the Website, in any manner not permitted by these Terms.
  17. 4.2 Users agree not to use the Website in any way or action that may:
  18. i. cause damage to, or impair the performance of the Website, inclusive of its availability and accessibility to Users and ATHL;
  19. ii. be illegal, fraudulent, or harmful to any person or company in any direct or indirect manner; and
  20. iii. use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.

5. PROHIBITED PRODUCTS

  1. You agree to not sell, purchase, or transmit photos, videos, graphics, links, or any other form of print or digital media of products that are not permitted to be sold, purchased, and listed for sale on the Website, through the Website, as per the relevant Applicable Laws. These prohibited products may include, but are not limited to:
  2. i. Alcohol, drugs, tobacco, narcotics, controlled substances in any form, and any related products thereof;
  3. ii. Adult and mature content including any related products thereof;
  4. iii. Gambling tools, machinery, and other products that facilitate gambling;
  5. iv. Animals;
  6. v. Illegal wildlife products;
  7. vi. Nylon fishing nets;
  8. vii. Live animals, insects, pets, marine life, and any other mammals and species;
  9. viii. Counterfeit and replica products, unauthorised recordings, pirated copies, or any other unauthorised products;
  10. ix. Used, reconditioned, and inlaid tyres;
  11. x. Radioactive and nuclear material and any devices or containment units for the storage or transportation of these materials;
  12. xi. Products that contradict Islamic faith and public morals as is expected in the UAE;
  13. xii. Paan and betel leaves;
  14. xiii. Dangerous products;
  15. xiv. Recalled products;
  16. xv. Food products;
  17. xvi. Illegal products or products encouraging illegal activity;
  18. xvii. Intangible products and advertisements for the provision of services;
  19. xviii. Medicines and/or pharmaceutical products;
  20. xix. Offensive materials; and
  21. xx. Any other goods or products, the importation of which is prohibited under the Common Customs Law or any other law or regulation applicable in the UAE;

6. CONTENT

  1. 6.1 Ownership of ATHL’s Content and Intellectual Property Rights
  2. i. Subject to the express provisions of these Terms, we own, control, license, or reserve all Intellectual Property rights and Content used on the Website. You agree not to use, remove, alter, modify, create derivative works of, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website or Content. You must not use any part of the Content on our Website for commercial purposes without first obtaining a license to do so from us or our licensors;
  3. ii. Any/all Content posted on the Website and/or submitted by the Users to ATHL has been licensed to ATHL for any/all purposes that ATHL may deem necessary in order to run the Website. We authorise you to view or download a single copy of the material on the Website solely for your personal and/or commercial use, if you include the copyright notice located at the end of the material, for example: “©2021, ATHL All rights reserved” and other copyright and proprietary rights notices that are contained in the Content;
  4. iii. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property, and other Applicable Law(s). Content and features are subject to change or termination without notice in the editorial discretion of ATHL. All rights not expressly granted herein are reserved to ATHL and its licensors.
  5. 6.2 Your License to ATHL’s Content
  6. i. We grant you a personal, limited, non-exclusive, and non-transferable license to access and use the Website only as expressly permitted in these Terms. You shall not use the Website for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Website solely for your personal and/or commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our Content in whole or in part, except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our Content or Intellectual Property rights;
  7. ii. If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials. You may also be potentially liable for Intellectual Property rights infringement based on the circumstances.
  8. 6.3 ATHL’s License to User Content
  9. i. Upon submission of Your Content, you hereby grant ATHL a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable, and transferable right to use Your Content and all Intellectual Property rights therein for any purpose or Use that we deem necessary;
  10. ii. For the avoidance of doubt, “Use” means, but is not limited to, use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialise, and create derivative works of;
  11. iii. You grant us the right to use the name that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or our Users;
  12. iv. You represent and warrant that Your Content is accurate, that the use of Your Content does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify ATHL from any/all claims resulting from Your Content;
  13. v. We reserve the right, at any time and without prior notice, to remove, block, or disable access to whole or any part of Your Content or Your Account that we, for any reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Website or our Users at our sole discretion. Subject to the requirements of the Applicable Law(s), we are not obligated to return any of Your Content to you under any circumstances and assume no liability for any Content posted by You.

7. PAYMENT TERMS

  1. 7.1 Should the User wish to lease and/or buy any Products displayed on the Website, then they shall register their interest for the same through the ‘Contact Us’ section. Therefore, you must ensure that any/all information you provide through the Website is accurate and recent.
  2. 7.2 Following a submission through the ‘Contact Us’ section, the User shall be contacted by a member of the ATHL team.
  3. 7.3 For any issues, please contact our customer service, which can be found under our ‘Contact Us’ section of our Website.
  4. Returns and Refunds
  5. 7.4 Refunds shall not be applicable under any circumstances whatsoever to any Products leased and/or sold by ATHL.
  6. 7.5 Wherein a faulty or defective Product is leased and/or sold to the Customer, it shall be at ATHL’s sole discretion to determine whether any replacements are to be provided.
  7. 7.6 For any inquiries regarding replacements, please contact our customer service, found under our ‘Contact Us’ section of our Website, who will be able to assist you based on your specific inquiry and/or complaint.

8. USER REVIEWS, AND FEEDBACK

  1. 8.1 Users shall be able to review and provide feedback for the services rendered by ATHL and the Products displayed on our Website, by clicking on the ‘Contact Us’ section of our Website.
  2. 8.2 User reviews or feedback do not reflect the opinion of ATHL. ATHL receives multiple reviews by Users, which reflect the opinions of each individual User. It is pertinent to state that any and all reviews posted on our Website is the personal opinion of that User only.
  3. 8.3 Users agree that they shall use reasonable and good faith efforts to ensure that neither engages in any vilification of each other and the Products to third parties, and shall refrain from making any false, negative, critical, or disparaging statements, implied or expressed, concerning ATHL and the Products displayed on the Website. This, however, shall not apply towards any truthful statement made as required by any Applicable Law(s) or by a court or authority of competent jurisdiction.
  4. 8.4 Users agree and accept that by providing your Content to or through the Website, or otherwise including any of your Content that is transmitted by virtue of your reviews, feedback, questions, photographs or videos, comments, suggestions, ideas etc. you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to:
  5. i. host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised;
  6. ii. make your Content available to the rest of the world and to let others do the same;
  7. iii. to provide, promote, and improve the Website and/or Products and to make your Content shared on the Website available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such Content of yours on other media and services, subject to our Privacy Policy and these Terms; and
  8. iv. use the name and/or trademark that you submit in connection with such Content of yours. You acknowledge that we may choose to provide attribution of Your Content at our discretion. You acknowledge and agree that Your Content is non-confidential and non-proprietary. You affirm, represent, and warrant that you own or have the necessary licenses, rights (including copyright and other proprietary rights), consents, and permissions to publish and otherwise use Your Content as authorised in these Terms.
  9. 8.5 The Terms of this Clause 8 do not grant other Users a license to host, use, reproduce, modify, run, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Content of yours throughout the world in any media, now known or hereafter devised.

9. COMMUNICATION GUIDELINES

  1. 9.1 Pursuant to Clause 8 above, our Website enables Users to review, and provide feedback regarding our Website through the ‘Contact Us’ section. Users should ensure appropriate online conduct and behaviour in which ATHL reserves the right to review all posts, prior to the feedback posts being visible to other Users on the Website.
  2. 9.2 ATHL shall monitor any and all communications on the Website to ensure the communication guidelines are followed at all times.
  3. 9.3 The Website is only to be used for its intended purpose. You may not use the Content provided through the Website in any manner or for any purpose other than that which is expected.
  4. 9.4 Any/all reviews and feedback should be conducted in a professional and respectful manner. Abusive or offensive language, which may be deemed as political, discriminative, threatening, sexual, or of religious nature, as well as any other inappropriate behaviour which violates our Terms, will not be tolerated on our Website and may result in review and action, including temporary or indefinite suspension and/or termination from the Website.
  5. 9.5 You may not post or submit Content that includes inflammatory speech, endorses, or promotes illegal, immoral, or harmful activities, including obscene content, incitement of lawless action, or activities that may lead to other Users’ harm in any manner.
  6. 9.6 You may not post or submit information or comments on the Website and on third-party social media platforms that are obscene, defamatory, threatening, malicious, slanderous, or disparaging in nature, or any other material that is prohibited by law, about ATHL and its Website.
  7. 9.7 Any dispute, complaint, disagreement, or conflict with any User, should be brought to the attention of ATHL. ATHL shall not bear any liability for mitigating such disputes between the parties as this will be the sole responsibility of the parties involved.
  8. 9.8 Users acknowledge and accept that an actual or threatened breach of any Term(s) of this Clause 9 may be penalised by implementing any one or more of the following:
    i. Disqualifying their use of our Website indefinitely unless a written approval has been obtained from us allowing them to reuse the Website.
  9. 9.9 ATHL shall not be held liable for any loss or damage experienced by any person as a result of implementing the penalties above.
  10. 9.10 ATHL shall not be liable for any direct, indirect, or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses, or other claims for consequential compensation whatsoever (and howsoever) caused, including slander or personal offence which arise out of use or in connection with the Website and/or communications taking place on the Website.

10. WARRANTIES AND DISCLAIMERS

  1. 10.1 You agree and acknowledge that the Website is provided on an “as is” basis. Except as otherwise specifically set forth herein, ATHL does not make, and hereby disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, quality, fitness for a particular use or purpose, technical performance, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of the Website.
  2. 10.2 We make no warranty that the Website or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness, or reliability of any Content obtained through the Website. No information provided through the Website or by us, whether in oral or written form, will create any warranty not expressly made herein. Your reliance upon the Content obtained or used by you through the Website is solely at your own risk.
  3. 10.3 ATHL does not endorse any Content posted, submitted, or otherwise provided by any User, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection to such Content. You agree that we are not responsible for the accuracy, consistency, or completeness of information uploaded and displayed on our Website.
  4. 10.4 ATHL takes no responsibility and assumes no liability for any Content posted, stored, transmitted, or uploaded to the Website by you (in the case of Your Content), or any third party (in the case of any and all Content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.
  5. 10.5 Users acknowledge that ATHL may store, record, or document any information exchanged between Users and ATHL, and that ATHL uses the most up-to date applications and security systems to ensure that all data entered online, through the Website, is encrypted.
  6. 10.6 Users must ensure the accuracy and authenticity of any and all information they supply to us through the Website including, but not limited to, personal data, as well as information supplied by the User on behalf of any third-party the User wishes to refer to ATHL.
  7. 10.7 Users acknowledge that ATHL will process personal data including, but not limited to, names and e-mail addresses in order to answer any queries posted on the ‘Contact Us’ section of the Website, make improvements to the Website, and prevent unauthorised use of the Website.
  8. 10.8 Users agree that ATHL is not responsible now or at any time in the future for any unauthorised access including, but not limited to, any virus or other harmful code that may infect the User’s computer, tablet, smartphone, or any other such device as a result of using the Website.
  9. 10.9 Users accept that ATHL will not be held responsible and/or liable for any misrepresentations made on the Website.
  10. 10.10 Users shall be responsible for obtaining, maintaining, and setting up any equipment and/or hardware required to access and use the Website and the User shall take responsibility for the protection of this equipment and/or hardware by using up-to-date virus protection, personal firewalls, and any other suitable measures the User deems necessary to ensure the security of the Website is not compromised.
  11. 10.11 Users accept that ATHL shall not be held liable in the event the Website transmits information that has been accessed, altered, and/or corrupted.
  12. 10.12 Users accept that ATHL may be required to suspend access to the Website for periodic maintenance and/or unforeseen downtime and may do so at its own sole discretion without serving any prior notice.
  13. 10.13 All interactions between Users and ATHL must be carried out in a responsible, ethical, professional, and legal manner.
  14. 10.14 We may do any or all of the following without notice:
  15. i. investigate your use of the Website as we deem appropriate to comply with any Applicable Law(s), regulation(s), government request(s), or legal process(es);
  16. ii. terminate your access to the Website, temporarily or indefinitely, upon our determining on whether you have violated these Terms; and
  17. iii. edit the Website and any Content without giving you prior notice.
  18. 10.15 While using the Website, you make the following representations and warranties to ATHL:
  19. i. you are eighteen (18) years of age or older and are legally allowed to use the Website; and
  20. ii. you acknowledge and understand that you are solely responsible for any information you may choose to disclose to ATHL.
  21. 10.16 The Products displayed on the Website shall be made available to Users of the minimum age of eighteen (18). We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Minor”) to use the Website. If a Minor would like to access the Website, they should take the assistance of a parent/guardian/adult authorised with that Minor’s supervision. We do not personally collect identifiable information from any person we know is a Minor.
  22. 10.17 In the event, a Minor has (i) used the Website for any purposes, the User warrants and represents that such actions are performed under the guidance of an adult after obtaining the relevant consent from the parent/guardian/adult. The User accepts that the Minor is bound by the same Terms and agrees that ATHL is not liable or responsible for the User’s failure to act in accordance with this Clause 10.17.
  23. 10.18 When a User visits the Website or sends us e-mails through the ‘Contact Us’ section, they are communicating with us electronically, and they hereby consent to receiving communications from us electronically. We will communicate with Users primarily by e-mail but may use other methods such as telephone or messages on the Website to communicate if we deem necessary. Users agree that all agreements, notices, disclosures, and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with their current and active e-mail address.
  24. 10.19 We may share Users’ personal information with ATHL partners and third parties licensed to access User personal information. This will include any third-party aggregators partnered with the Website, including, but not limited to, delivery aggregators, third-party payment facilitators, and any other platform and/or entity that we are engaged with in enhancing our business from time to time.
  25. 10.20 User(s) grant us and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection to the operation of the Website. We do not assume any responsibility or liability for any information you submit, or third parties use or misuse of information transmitted or received using Website tools and services.
  26. 10.21 We hereby exclude any and all other representations and warranties relating to the subject matter of these Terms, the Website, and use of the Website in any manner other than expressly stated herein.

11. PRIVACY POLICY

  1. 11.1 In order to contact Users, we need information about you, and we only use your information when we have a legal basis to do so. Please refer to our Privacy Policy to help you understand what information we collect, how we use it, and what choices you have when you use our Website.
  2. 11.2 We adopt standard data collection, storage, processing practices, and security measures in accordance with UAE ICT and TRA laws, in order to protect against unauthorised access, alteration, disclosure, or destruction of Users’ data stored on our Website.

12. LIMITATION OF LIABILITY

  1. 12.1 You understand and agree that in no event shall the officers, directors, employees, agents, or licensors of ATHL be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection to the Content or any Product, including, but not limited to, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from: (1) the use or inability to use the Website; (2) unauthorised access to or alteration of Your Content; (3) statements or conduct of any User; (4) Product fault; (5) inaccurate information provided on the Website; (6) use or inability to use the Product; or (7) any other matter related to the Website and its Content, whether based on warranty, intellectual property, contract, tort (including negligence), product liability or otherwise.
  2. 12.2 We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data, or other proprietary material due to your use of our Website or to your downloading of any material posted on it.
  3. 12.3 We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website shall be the sole responsibility of the Users. ATHL shall not be held liable for any Content which has been lost, stolen, destroyed or otherwise, whether uploaded to, or downloaded from the Website with or without the consent of the Users.
  4. 12.4 We shall not be held responsible for the quality, accuracy, or legitimacy of any information provided to ATHL by Users, or to Users through the Website. You hereby acknowledge and agree that your acceptance of information provided to ATHL is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations, or Content thereof made available to you.
  5. 12.5 Users agree that they will not bring any claim against ATHL or any of our officers, directors, employees, agents, and licensors in respect of any losses they suffer in connection to the Website or these Terms.

13. INDEMNITY

  1. Users agree to indemnify, defend, protect, and hold each of us and our respective officers, directors, employees, agents, and licensors, harmless from and against any and all claims, actions, demands, liabilities, settlements, lawsuits, and costs of every kind pertaining to any violation of the law or these Terms. Such costs include, but are not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to, or use of the Website and the Content, or your violation of these Terms.

14. VIOLATIONS

  1. 14.1 If ATHL becomes aware of any possible violations by you of these Terms, then we reserve the right to investigate such violations. If, as a result of the investigation, we suspect or have reason to believe that criminal activity has occurred, then we shall refer the matter to any relevant applicable legal authorities.
  2. 14.2 ATHL is entitled, except to the extent prohibited by the Applicable Law(s), to disclose any information or materials on the Website, including Your Content, to:
  3. i. comply with Applicable Law(s), legal process(es), or governmental request(s);
  4. ii. enforce the Terms;
  5. iii.respond to any claims that Your Content violates the rights of third parties;
  6. iv. respond to your requests for customer service, provided no confidential information is being divulged (customer service will only have access to details that will aid them in responding to queries regarding your access to and/or use of the Website); or
  7. v. protect the rights, property, or personal safety of ATHL, its Users, or the public, and all enforcement or other government officials, as ATHL in its sole discretion deems to be necessary or appropriate;
  8. 14.3 In the event, the User has violated these Terms, ATHL can temporarily suspend the User’s access and/or Use of the Website or indefinitely terminate their access to and/or Use of the Website at our sole discretion.

15. SEVERABILITY

  1. If any court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful, or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by the Applicable Law(s).

16. WAIVER

  1. 16.1 If we fail to insist upon strict performance of any of the Users’ obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
  2. 16.2 Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).

17. THIRD-PARTY RIGHTS

  1. These Terms are between the Users and us. No other third-party shall have any right to enforce any of its terms, unless expressly stated in these Terms, or as authorised in writing by ATHL.

18. FORCE MAJEURE

  1. 18.1ATHL shall not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including, but not limited to, acts of God, internet failure, malfunction of data/database/software, service errors, updates to the Website (including, but not limited to, maintenance, repairs, bugs, fixtures, and any other technical issues on the Website), or otherwise, fire, flood, severe weather, explosion, war, riot, civil commotion, act of terrorism, industrial dispute (whether or not involving ATHL’ employees), epidemics, pandemics, lockdowns, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities.
  2. 18.2 ATHL reserves the right to postpone, cancel, or provide a replacement as it deems fit in the event of a force majeure. Any replacements are subject to the sole discretion of ATHL.
  3. 18.3 ATHL shall not be obliged to provide refunds in the event of force majeure.

19. GOVERNING LAW AND JURISDICTION

  1. 19.1 These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (“DIFC”) and the respective Applicable Laws, including, but not limited to, the electronic transaction and e-commerce Laws of the UAE.
  2. 19.2 The parties irrevocably agree that the DIFC Courts shall have sole jurisdiction to settle any dispute or claim that arises out of or in connection to these Terms or its subject matter or formation (including non-contractual disputes or claims). The parties further agree and acknowledge that the Civil Courts of Dubai may be used to settle any disputes in the event that the dispute falls under the mandate of the laws of Dubai instead of the DIFC laws (pursuant to an order received from the DIFC Courts declaring the jurisdiction of the dispute falls under the Civil Courts of Dubai) and/or in the event of enforcing the DIFC Court judgment.

20. CONTACT INFORMATION

  1. For further inquiries or comments about ATHL’s Website or these Terms and Conditions, please contact us through email on: [email protected]