Terms & Conditions – drinkdrystore-kuwait

Please read these terms and conditions carefully.

If you cannot find an answer to your query, then please feel free to contact us at the email address specified in the Contact section below.

These terms and conditions, Terms of Sale, Privacy Notice and Cookie Policy (“Terms”) set out the basis upon which you can access and use the Platform and place orders for Products. The Terms apply regardless of how you access the Platform, including any technologies or devices by which Drink Dry makes the Platform available to you.

  1. TERMS
  • Drink Dry may amend these Terms at any time by posting an updated version. Drink Dry encourages you to check the Terms regularly for any amendments to it. Your continued use of the Platform will constitute your express consent to these Terms.
  • By accessing, browsing, using, registering with, or placing an order on the Platform, you confirm that you have read, understood and agree to these Terms. If you do not agree with the Terms in their entirety, your sole recourse is not to use this Platform.
  • Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
  • Additional terms and conditions apply to purchases of Products and to specific portions or features of the Platform, including our Terms of Sale, all of which terms are made a part of these Terms. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to agree such terms and conditions.
  1. YOUR USE OF THE PLATFORM
  • We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Platform for its intended purpose subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Platform. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Platform. You may only access the Platform through the interfaces that we provide for that purpose (for example, you may not “scrape” the Platform through automated means or “frame” any part of the Platform), and you may not interfere or attempt to disrupt the Platform.
  • In case of fraudulent activities in relation to use of our Platform, we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from person(s) concerned. We reserve the right to initiate legal proceedings against such person(s) for fraudulent activities relating to use of the Platform and any other unlawful acts or omissions in breach of these Terms. We will prosecute any fraudulent activities relating to any attempt to reverse or seek a refund of a valid charge for an order that has been properly fulfilled and delivered to you and is not subject to a right of return.
  • Suspicious customers or customers with fraudulent history are required to be blacklisted in the payment gateway admin portal using their email ID, card number or IP address.
  • You shall not misuse our Platform by knowingly introducing any viruses. You shall not attempt to gain unauthorised access to our Platform, the server(s) on which our Platform is are stored or any server, computer or database connected to our Platform. You shall not attack our website via a denial-of-service attack, a distributed denial-of-service attack or any other cyber-attack aimed to disrupt ordinary access to our Platform. Any breaches of shall be reported by us to the relevant law enforcement authorities and we shall cooperate with them by disclosing your identity to them; and will result in your right to use our Platform ceasing immediately and us taking relevant proceedings against you.
  • You agree not to interrupt or attempt to interrupt the operation of the Platform in any way - including through the use of any hardware or software intended to damage or interfere with the proper working of the Platform - or to intercept any data (including personal information) transmitted via the Platform.
  • “Phishing” refers to the practice of fraudulently contacting people and asking them to provide confidential information, such as bank details, home address and date of birth. From time to time, we may contact our customers asking them to confirm personal details relevant to their order, such as shipping address or telephone number. If you are in any doubt about whether an email or other electronic message you have received is in fact from us, please contact our Customer Service Team before replying, so we can confirm that the email or electronic message was in fact sent by us.
  • We are regularly modifying and improving the Platform. We may introduce new features, change existing features, or remove features from the Platform at any time and without notice. If you provide us with any feedback on or comments regarding the Platform, including any User Generated Content, you grant us the right to use such feedback or comments for any purpose without restriction or payment to you.
  • We reserve the right to restrict or terminate your access to, or use of, the Platform or any feature or part of it at any time if you breach these Terms or for any other reason whatsoever without notice. Termination or limitation of your access or use will not waive or affect any other right or relief to which we may be entitled at law.
  • Except where otherwise specified on this Platform, the materials on this Platform are displayed solely for the purposes of promoting Products available in the UAE.
  1. TERMINATION
  • We may terminate or suspend your access to all or part of the Platform, without Court order and without prior notice, if it believes that your conduct is in violation of these Terms, applicable law, or otherwise harmful to the interests of Drink Dry or any third party. Notwithstanding, such termination or suspension, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual Property Rights.
  1. PRIVACY POLICY
  • The personal information you provide in the course of using the Platform will be used in accordance with our Privacy Policy, the terms of which are hereby incorporated into and form part of these Terms.
  1. USER CONDUCT AND USER GENERATED CONTENT
  • The Platform may at times provide opportunities for users to submit comments or questions, or other information (“User Generated Content”) on it. You warrant that any such User Generated Content submitted by you to the Platform is original (and does not infringe the copyright of others), and you hereby grant Drink Dry a perpetual, irrevocable, non-exclusive, royalty-free licence to use such User Generated Content so submitted, without any further recourse to you, and you hereby waive any moral rights in such User Generated Content. You agree that you will not post any content that is contrary to morality, defamatory, inflammatory, that infringes copyright, or that may otherwise breach common decency or be contrary to law. Drink Dry has the right, but not the obligation, to monitor and edit or remove any activity or User Generated Content, and takes no responsibility and assumes no liability for any User Generated Content posted by you or any third party.
  • You agree that you will not use, sell or supply any Product purchased from Drink Dry in an unlawful manner and, in particular, will comply with all export controls and sanctions rules.
  1. CHANGE OF WEBSITE AND CESSATION OF OPERATIONS
  • We reserve the right to change or correct any errors or omissions on the Platform, and to alter, limit or discontinue the provision of any of the services provided through the Platform at any time without prior notice to you.
  1. MATERIALS AVAILABLE ON WEBSITE
  • We and our suppliers and/or licensors may make available various merchandise information, product descriptions, reviews, and other information, data, content, and materials on the website (“Materials”). The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance of any Materials, you should confirm any facts that are important to your decision. We make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials. If you find an error or notice something that does not look quite right on the Platform, we would appreciate it if you let us know by contacting us.
  • The information related to health, fitness and wellness contained in or made available through our Platform (including but not limited to information contained on videos, blogs, comments, in emails, in text files, or in chats) is designed for non-commercial informational purposes only. You should not rely on such information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health or the health of a dependent family member or the content on the Platform, you should always consult with an appropriately qualified health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Platform. The use of any information provided on the Platform is solely at your own risk. Nothing stated or posted on the Platform is intended to be, and must not be taken to be, the practice of medicine or counselling care (including psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counselling or providing health care treatment, instructions, diagnosis, prognosis or advice). Developments in medical research may impact the health, fitness and nutritional topics discussed on Platform and no assurance can be given that the information contained in the Platform will always include the most recent findings or developments with respect to the particular material. Your access or use of the Platform does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of our licensors. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Platform. If you rely on any of the information provided by this Platform, our employees, or guests or visitors to the Platform, you do so solely at your own risk.
  1. DISCLAIMER OF WARRANTY
  • The Platform is provided on an “as is” and “as available” basis. Drink Dry, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees, expressly disclaim (to the fullest extent permitted by applicable law) any and all express, implied, and statutory warranties, including, without limitation, any warranties of merchantability, fitness for a particular purpose, freedom from computer, mobile or internet device virus, title, and non-infringement of proprietary rights.
  1. INTELLECTUAL PROPERTY
  • We, together with our suppliers and/or licensors expressly reserve all intellectual property rights in all programs, products, processes, technology, content (that is graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such content) and other materials, which appear on the Platform. Access to the Platform does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of the Platform or its contents, including copying or storing it or them in whole or in part, other than for your own personal, non-commercial use, is prohibited without our permission.
  • Unless otherwise expressly stated, all contents of the Platform are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by us or one of our affiliates or by third parties who have licensed their materials to us and are protected by the applicable laws.
  1. INDEMNITY
  • You agree to hold harmless and indemnify Drink Dry, its parents, subsidiaries, affiliates, and their respective suppliers (including, without limitation, Authorised Suppliers), and any of their owners, officers, directors, managers, members, agents, and employees, from and against any claims, liabilities, suits, judgments, litigation costs, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties, and attorneys’ fees or other costs or expenses of any kind or nature arising from or in any way related to your use of the Platform, including, but not limited to those brought by you or on your behalf in excess of the liability described above, or by third parties as a result of your breach of these Terms, your violation of any law or the rights of a third party, or your use of the Platform.
  1. LINKS
  • The Platform may contain links to other websites. We make no representations or warranties as to the content, privacy practices and other practices of any websites operated by a third party and Drink Dry does not assume responsibility for the content or practices of such websites. You should check the terms and conditions and privacy policies of all third-party websites you visit to understand their procedures.
  • Neither you nor any third party acting on your behalf may link to any page of this Platform.
  • You or third parties acting on your behalf may not (i) use our or our licensors proprietary marks and logos as meta tags or any other "hidden text"; or (ii) use framing technology to enclose any content included on the Platform, without our prior written consent.
  • If you use any material, or visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive material. Drink Dry does not endorse and is not responsible for the use of, or the content of, any third party websites. Drink Dry is not responsible for anything that may happen when you use them.
  1. LIMITATION OF LIABILITY
  • To the maximum extent permissible by applicable law, Drink Dry, its parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
  • (a). are not liable for any direct, indirect, punitive, incidental, special, or consequential damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) arising out of, or in a way connected with the use or inability to use the Platform and its content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Drink Dry is advised of the possibility of such damages; and (b). exclude any and all liability for damages caused by, any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any communications due to technical problems or traffic congestion on the internet or on the Platform or combination thereof, including any injury or damage to any users or to any person’s computer related to or resulting from use of the Platform.
  • Where it is not possible to exclude liability under applicable law, you agree that the Drink Dry's maximum liability for any corresponding claim shall be limited to an amount of 10 KWD.
  1. ELECTRONIC COMMUNICATIONS
  • To fulfill our obligations to you under these Terms, we may wish to communicate with you by email. Other electronic messaging and/or by posting notices on the Platform. You agree to receive communications from us electronically and these electronic communications will satisfy any legal requirement for communications which need to be in writing.
  1. GENERAL TERMS
  • No Waiver: Any failure by us to enforce any terms set out in these Terms or other policies with you is not a waiver of our rights to enforce those terms.
  • Assignment and third party rights: You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless we agree in writing. We may assign, transfer or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
  • Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable and can be deleted without altering the essence of these Terms, the invalid, illegal or unenforceable provision will be severed and the remaining provisions will remain in full force or effect.
  1. ENTIRE UNDERSTANDING
  • These Terms, as supplemented by any additional documents referred to in them and any policies or rules posted on the Platform (including any amendments made from time to time as contemplated by these Terms) sets out the entire understanding and agreement between you and Drink Dry with respect to the use of the Platform.
  1. GOVERNING LAW, JURISDICTION AND LANGUAGE
  • These Terms may be published in English and Arabic. If there is any inconsistency between the English text and the Arabic text, the English text will prevail apply.
  • The Terms shall be governed by the laws of the Dubai International Financial Center (‘DIFC”). Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts in Dubai. All contracts for the purchase and sale of Products from the Platform shall be concluded in the language of these Terms.
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