Welcome to the Bermuuda website. These terms and conditions ("Agreement" or "Terms") are a contract between you and Bermuuda Company for Electronic Commerce and its address is the Hashemite Kingdom of Jordan _ Amman
(collectively, “Bermuuda”, “we”, or “us”), which governs your use of our website e.g. bermuuda.com (the “Site”), any mobile applications (“Apps”) that hyperlink to this Agreement, and any communications other written, electronic and oral communication with Bermuuda and its affiliated entities, or any websites, pages, features or content owned and operated by us that link to this Agreement (collectively, including the Site and Apps, the "Services").
By accessing or using the Services in any way, including, but not limited to, visiting or browsing the Site, downloading mobile applications, registering an account, or contributing content or other materials on the Site or on or through the Apps, you YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THESE TERMS ON THE SITE.
You may use the Services only if you agree to be bound by all applicable laws and these Terms. If you reside in a country, but request Products to be shipped to another country, you may be redirected to the country's local site, which may be another Bermuuda site, in which case you will be subject to the terms of that local site.
In addition, you can write to us at any time for more information about how the Company collects, stores, and protects your information when you use the Services. Our Privacy and Cookie Policy is hereby incorporated into these Terms.
2.1 Updates to the Terms. We reserve the right to modify the Terms, including the Privacy and Cookie Policy, at any time in our sole discretion. By continuing to use the Services, following such changes (regardless of whether notice is given by Company or not), you agree to be bound by any change we make to this Policy and/or accompanying policies/agreements including, for example, no Limitation, Privacy and Cookie Policy. It is your responsibility to check this Policy and/or the accompanying policies/agreements from time to time for such differences.
3.1 Acceptance of the Terms. In order to shop with us, you must be at least 16 years old. ANY ACCESS, BROWSING OR USE OF THE SERVICES IN ANY WAY INDICATES YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with any part of the Terms, you must immediately stop accessing or using the Services. Please read this Agreement carefully before proceeding.
If you have any questions regarding these Terms and Conditions or our Privacy and Cookie Policy, you may contact us at any time at shop@bermuuda.com with our Customer Service as described in the Contact Us section below.
2. Use of our services
1.2 Representations. When you use our services, you agree to the processing of information and data and you declare that all information and data provided by you are true and correspond to reality. You represent and warrant that you are at least 16 years of age or that you are visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, the Company hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Services by viewing them on your Internet browser, browsing our Sites, or on your mobile phone browsing our Applications, solely for the purpose of shopping for personal products sold on the Site. or the Applications and not for any commercial use or use on behalf of any third party, except as expressly permitted by Company in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations of Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, rent, transfer, create derivative works from, translate, modify or otherwise exploit the Services or any part thereof unless If expressly permitted by the Company in writing. You may not make any commercial use of any of the information provided on the Services or use any of the Services for the benefit of another company unless expressly permitted by the company in advance. The Company reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, but not limited to, if we believe customer conduct violates applicable law or is harmful to our interests.
You may not upload, distribute, or otherwise publish through the Services any content, information, or other material that: (a) infringes the copyrights, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is defamatory, threatening, defamatory, obscene, indecent, or pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) contain any or any viruses, programs or malicious code that cause technical problems (eg logic bombs, viruses, worms trap doors Trojan horses).
In addition, you agree not to:
use the Services for any illegal purposes, or in a manner that could violate any applicable federal, state, local, or international law or regulation;
engage in any conduct that restricts or inhibits anyone from using or enjoying the Services, as determined by us, that may harm us or other persons using the Services or expose us or them to liability;
use the Services in any way that could disrupt, overburden, or damage the Website, Applications, or any other party's use of the Services;
use any robot, device, process, software, manual means, or other mechanism to index or access the Service for any purpose;
use the Services to distribute promotional or commercial content, or solicit other people to use the Services for commercial purposes;
Any other acts attempting to interfere with the provision of these services.
3.2 Account Creation and Termination. In order to access some of the features available on the Services, you will need to create an account. You may not use another person's account. Each time you use a password or identification, you will be deemed a user who has the right to access and use the Site or Applications in a manner consistent with the terms and conditions of this Agreement, and Company has no obligation to investigate the authorization or source of any such access or use of the Services.
You will be solely responsible for access to and use of the Services by anyone using the password and username originally assigned to you whether or not such access to and use of this Site is actually authorized, including without limitation, all communications, transmissions and all obligations (including including, but not limited to, financial obligations) arising through such access or use. You are solely responsible for protecting the security and confidentiality of your password and identification. In no event will we be liable for any loss, theft or fraudulent use of your user account. You must notify us immediately of any unauthorized use of your password or identification, or any other breach, or threatened breach, of the security of the Application or the Site. Please do not use the same password assigned to this website or application on other websites or applications.
The user account is provided for the regional site or application used in the initial setup (eg, bermuuda.com). Depending on the site through which you create your user account, your account will be managed by the entity responsible for the use of that site, as provided in Section 1.1 Scope (eg if you created your account on bermuuda.com then your account will be managed by our company
From time to time, we may restrict access to some or all parts of the Services, including, but not limited to, the ability to upload documents, make payments, or send messages.
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe that you have violated these Terms. You may terminate your account at any time and for any reason by following the instructions within the Site or Application, or by contacting us as described in the "Contact Us" section below. If your account is cancelled, you may lose the assets in your account if you do not contact us.
By creating an account with us, you acknowledge that we may send you promotional or marketing emails from time to time. If you do not wish to receive these emails, please use the link in these emails to unsubscribe from our email list.
4.2 Customs. In accordance with customs regulations, you must provide true and accurate data. All consignees' names, addresses, and payers' names must be correct. It is your sole responsibility that the data you provide to us is complete and accurate. If any missing or incorrect information causes any shipment, delivery or customs clearance to be prevented, we will not be held responsible and will not provide any compensation in such cases. You hereby authorize the Company and its affiliates to make statements and to submit, amend and revoke all representations and documents necessary to import the Products ordered by you in your name and for your account.
This authorization includes the right to conduct and receive services and make liabilities, request refund of any taxes and fees related to the import of products, conduct administrative appeals and judicial procedures as well as enforcement procedures, appeal and compensation in all cases, submit requests, complaints, etc. with public authorities, courts and other institutions, withdraw and/or waive legal remedies and appeals against judgments, orders, arbitration awards, payment orders, or any other orders and decisions of any kind, receive money, valuables, documents and/or business. It also includes the right to direct customs agents in your name and on your behalf and to sub-authorize customs agents and/or other representatives involved in conducting matters relating to the importation of Products and compliance with regulations relating to the importation of Products. As the importer, you are responsible for compliance with all laws and regulations in your country, and any taxes and duties related to importing products.
3. Privacy and Cookie Policy
When using our Services and placing orders through them, you agree to provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you in relation to your order if necessary.
We respect your right to privacy. By using our Services or otherwise, you consent to and, where applicable, consent to the collection, use and transfer of your information as set forth in this Privacy and Cookie Policy.
4. Errors
In the event that you discover that an error has occurred when entering your personal data while registering as a user of our Services, you can correct such errors on our website in the “My Account” section. In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us, as well as exercising the right of correction provided for in our Privacy and Cookie Policy through our website and applications.
The Services display confirmation boxes in various sections of the purchase process which do not allow the order to proceed if the information in these sections is not provided correctly. The Services also provide details of all products that you have added to your shopping cart during the purchase process, so that you can amend your order details before making payment.
If you discover an error in your order after completing the payment process, you must immediately contact our customer service to correct the error.
While we strive to provide accurate product and pricing information, pricing errors or typographical errors may occur. We cannot confirm the price of any product until after you have submitted your order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we have the right, in our sole discretion, to refuse or cancel any orders placed for that product. In the event that a Product is mispriced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation, in which case a full refund will be issued to you.
5. Trade rules
5.1 Price and Payment. All prices are correct at the time the information is entered into the system. If for some reason we are unable to ship your items, a refund for the unshipped items will be issued to the original payment method, or paypal whichever you choose.
All prices do not include delivery fees. The total cost of the order is the price of the products ordered plus the delivery fee.
Prices may change at any time, but (other than as noted above) changes will not affect orders that have been confirmed.
Once you have selected all the products you wish to purchase, they will be added to your shopping bag. The next step will be to complete the application and make the payment. To this end, you must follow the steps of the purchase process and verify the information required at each step. Moreover, during the purchase process, before payment, you can edit your order details. You are provided with a detailed description of the purchase process in how to place the order Also, if you are a registered user, you will find the history of all orders you have placed available in "My Account". In the event that a fraud alert is sent by the system in relation to your order, an email may be sent to your email address to verify certain information. You can use the specified payment methods on the local website, which may include Visa Card, MasterCard, American Express, Paypal, Internet Banking and so on.
To reduce the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will request a pre-authorization of your card to ensure there are sufficient funds to complete the transaction. When you click Buy Now, Place an Order, or Authorize Payment and Continue, you are confirming that the credit card is yours. Credit cards are subject to verification and authorization by the card issuer. If payment is not authorized by the entity, we will not be liable for any delay or failure to deliver and will not be able to enter into any contract with you.
2.5 colors. We make every effort to display as accurately as possible the colors of our products that appear on the Services. However, since the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display will be accurate.
3.5 Packing. Unless otherwise stated, we will only adhere to the minimum packing standards for the chosen mode of transport. All packing, loading or special shipping requirements you requested will be paid for.
4.5 Shipping and Delivery. The company ships from our warehouse. For orders containing more than one product, we may divide your order into several parcels depending on the availability of products at our sole discretion. We aim to deliver orders as quickly as possible. However, sometimes during promotional periods due to high demand deliveries may take longer. If you have any questions regarding shipping and delivery, please contact our customer service.
5.5 Ownership and Product Loss. Transfer title to any Product purchased from the relevant vendor to you as the relevant customer once the products are loaded onto the carrier at the carrier or its affiliates warehouse outside your country. Because our delivery of your purchased Product to the international carrier will constitute delivery to you, the risk of loss or damage passes to you at the time we deliver your purchased Product to the international carrier, except as required by applicable law. If you have any claim regarding a shortage or damage to a product during shipping or delivery it should be submitted directly to the carrier. Any claims against Company that may relate to Product shortage or damage that may occur prior to our delivery of the Product to you must be submitted to the carrier within two (2) days after your receipt of the Products and must be accompanied by an original carriage invoice signed by carrier indicating that carrier received the Products from The company is in the claimed state.
5 Returning products. Products can be returned within a specified period. The return period and return policy vary from country to country. Please contact customer service for detailed information.
Products with wrong sizes or quality problems can be exchanged. For defective products, if the returned products are confirmed to be defective or damaged, we will refund you the full amount including the delivery and return fees you paid. The refund will be credited to either the original payment method or PayPal depending on your choice.
Note that any product you order is subject to supervision and audit in the presence of specialists and quality experts before shipment, and such errors are contained at a rate of 1%.
The following products cannot be returned or exchanged: lingerie, nightwear, traditional jewelry, and accessories (excluding scarves and bags).
7.5 Posts, Comments and Ratings. Except as provided elsewhere in this Agreement or in the Services, anything you submit or post on the Services and/or provide to our Site or App, including, but not limited to, images, videos, ideas, know-how, technology, Questions, reviews, comments, and suggestions (collectively, “Entries”) will be treated as non-confidential and non-proprietary, and by submitting or posting, you agree to irrevocably license the Submissions and all related intellectual property rights worldwide Except for moral rights such as copyright) of the Company at no charge, we will have a perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, rent, transfer, adapt, or create derivative works from these Postings in any medium and in any form, and translate such Postings or modified, reverse engineered or disassembled. All Entries shall automatically become our sole and exclusive property and shall not be returned to you and you agree not to initiate any dispute with respect to any future use of Entries submitted by us. You are responsible for all posts you make and must ensure that they are in line with public morals and religious beliefs.
You warrant that your Posts, in whole or in part, are clear and free from any intellectual property rights infringement, disputes or third party claims. We accept no liability for any misuse of copyright or other rights of third parties by you. You undertake to defend and indemnify the Company for any losses arising from the use of Submitted Submissions for any purposes.
In addition to the rights applicable to any Post, when you post comments or ratings on the Site or Apps, you also grant us the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. else. You represent and warrant that you own or otherwise control all of the rights to the ratings, comments, and other content that you post on this site and that use of your ratings, comments, or other content by us will not infringe or violate the rights of any third party. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Posts or Content. We may not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
8.5 User Generated Content. When you transmit, post, upload, share or contribute, in any way, any Content on our Website or Apps, including but not limited to submitting your own content, such submitted content shall be deemed to be User Generated Content to the extent permitted by such content, whether visible or accessible by any visitors or other users of the Website or Application. By accepting these Terms, you agree not to contribute any User Content that could reasonably be considered to include, contain, provide or promote any of the following:
(1) Sexually explicit or pornographic content.
(2) Abusive, profanity or swearing
(iii) degrading, discriminatory or hateful comments or incitement against particular individuals or groups on the basis of race, ethnicity, religion, gender, disability, age, nationality, etc.;
(iv) incitement to violence or other dangerous activities;
(v) terrorism or other criminal activities;
(vi) insensitive or offensive comments relating to brutal or outrageous acts, health crises or deaths, conflicts or other tragic events, or natural disasters;
(vii) to harass, bully, or threaten;
(viii) dangerous products, illegal drugs or inappropriate use or sale of tobacco and/or alcohol;
(ix) transactions in digital or cryptocurrency;
(10) FALSE MEDICAL CLAIMS OR CONTENT;
(11) content that infringes intellectual property rights;
(xii) content that you are not authorized to or have no legal right to share, post or display in any way; or
(13) any other content that may be considered illegal, offensive, or restricted by applicable laws or regulations.
You further acknowledge and agree that Our Company may, in its sole discretion, remove or block any User Generated Content that it deems to be in violation of the above requirements. Posting UGC in violation of these Terms may result in the subsequent suspension or termination of all or part of our Services. By accepting these Terms, you acknowledge and agree to post only User Generated Content that is appropriate for customers. You also acknowledge and agree that BERMUUDA has no obligation to actively monitor or review User Generated Content before it is displayed on the SHEIN Sites or Apps, and therefore you are solely responsible for the Content you create and choose to post on the Sites or Apps.
6. Ownership and Intellectual Property
1.6 Content. The Services, including all information and content thereof, such as text, software, scenarios, graphics, images, sounds, music, videos, and interactive features (collectively, “Content”) that are provided as part of the Services are owned at all times. to the Company or to those who grant us a license to use them and are protected by international copyright laws. You may use the Content only to the extent expressly permitted by us or our licensors.
2.6 Bermuuda Marks. The BERMUUDA trademarks and service marks, icons, graphics, text marks, designs and logos contained therein ("Marks") are owned by BERMUUDA, the BERMUUDA trademarks are trademarks in Jordan and other countries for which registration applications are still pending The tag is in action. You do not have and will not have any right, title or interest in or to any of the Marks. The BERMUUDA Marks may not be used in connection with any product or service that is not affiliated with the Company, in any way that is likely to cause confusion or confusion among customers, or in any way that adversely affects the Company's reputation.
The Marks, whether on any product offered for sale on the Sites or Applications, or appearing as a logo or text on any part of the Sites, are not an endorsement by BERMUUDA E-Commerce that it is the owner of any copyright or other intellectual property rights in the products offered for sale. on the Website or Applications. BERMUUDA e-commerce company obtains some of its products from third-party manufacturers and wholesalers.
3.6 All Rights Reserved. Content on the Services is provided to you on an “AS IS” and for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes on the Services. launch without the prior written consent of the Company, its owners or licensors. We reserve all rights not expressly granted in the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services you provide to us are non-confidential and will become the sole property of the Company.
You agree not to engage in the use, copying, distribution or creation of derivative works from any Content other than as expressly permitted herein. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce restrictions on use of the Site or Content therein.
7. Third Party Links and Resources
Our Website and Apps may contain links to third party websites that we do not own or control. References on our Site and Apps to any names, marks, products or services of third parties, or links to third party websites or information, are not an endorsement, sponsorship, or recommendation of that third party, its information, products, or information. his services.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies or practices of any third-party websites or services, including, but not limited to, any third-party social media or mobile application that operates using the Services or otherwise interacting with it. The Company is not responsible for the actions or omissions of any operator of any such website or platform. Your use of any third-party site or system is at your own risk and will be subject to such third-party's terms and policies (including their own privacy policies). We do not make any warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Applications by anyone other than us. We strongly advise you to read all third party terms and conditions and privacy policies.
8. Force Majeure or events beyond our control
We will not be liable for any non-compliance or delay in complying with any of the obligations we assume under the Terms or other contracts when caused by events beyond our reasonable control ("Force Majeure"). Force majeure includes any act, event, failure to practice, omission or accident beyond our reasonable control, including, among others, the following:
Strike, lockout, or any other form of protest.
Civil unrest, insurrection, invasion, terrorist attack, terrorist threat, war (declared or not), threat or preparation for war.
Fires, explosions, storms, floods, earthquakes, local or global epidemics, or any other natural disasters.
Inability to use trains, ships, aircraft, motorized transport or other means of public or private transportation.
Inability to use public or private communications systems.
Laws, ordinances, statutes, regulations or restrictions imposed by any government or public authority.
Strike, failure or accident in sea transport, river transport, postal transport or any other type of transport.
Border closures, lockdowns (restriction of movement by authorities), trade blockades, embargoes, disruption of global trade, and port congestion.
It must be understood that our obligations arising from terms or other contracts are suspended during the period in which the force majeure circumstances remain in place and we will be granted an extension of the period in which we can fulfill these obligations by a period of time equal to the time during which the force majeure persisted. We will provide all reasonable resources to terminate Force Majeure as far as possible or to find a solution that will enable us to fulfill our obligations under the Terms despite the Force Majeure.
9. Liability for purchased products and waiver of legal consumer rights
1.9 BERMUUDA'S LIABILITY. Unless otherwise expressly stated in these Terms, our liability in respect of any products obtained from our site will be strictly limited to the purchase price of said product. Notwithstanding the foregoing, our liability will not be waived or limited in the following cases:
in the event of death or personal injury caused by our negligence;
in the event of fraud or deception; or
In any case where it is unlawful or unlawful to exclude, limit, or attempt to exclude or limit our liability.
2.9 Disclaimer of Liability. Notwithstanding the above paragraph, and to the extent permitted by law, and unless otherwise stated in these Terms, we shall have no liability for the following losses, regardless of their origin:
loss of income or sales;
operational loss
loss of profits or contracts;
loss of expected savings;
data loss; And the
Loss of work or management time.
3.9 Warranties. Due to the open nature of the Services and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained via the Services, unless otherwise expressly stated on the Services. All product descriptions, information, and materials on the Services are provided "as is", without any express or implied warranties or conditions of such kind, except as set forth by law. In this sense, since you are contracting as a consumer or user, we are obligated to deliver products that are consistent with the intended transaction, in accordance with reasonable commercial expectations, and we are responsible for any shortage until the products are delivered to you. Products are understood to correspond to the intended transaction or purchase if: (i) they are in accordance with the description and features mentioned on the Site; (ii) are suitable for the purposes for which products of this type are ordinarily used; (iii) demonstrating quality and practicability of the same kind that can reasonably be expected to the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those which may not be legally excluded.
10. Limitation of liability
Please read this clause carefully as it limits the Company's liability to you.
(1)
BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE PROVIDE THE SERVICES, INCLUDING THE SITES AND APPS, ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITH ALL FAULTS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, OR UNINTERRUPTED SERVICE , OR ERROR-FREE, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR COMPLETE ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING OR USE OF TRADE.
(2)
We make no representations regarding, and expressly disclaim: (i) the products, services, information, programming, and/or anything else provided by a third party accessible through the Services; OR (ii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY WITH YOU IN CONNECTION WITH YOUR USE OF THE SERVICES.
(3)
You agree that, to the maximum extent permitted by law, we shall not be liable to you under any liability, without limiting the foregoing, and you agree that, to the maximum extent permitted by law, neither the Company nor its affiliates (including operators THE OTHER BERMUUDA AFFILIATE SITES) ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL DAMAGE OR DATA LOSS (EVEN IF FORESEEABLE) ARISING FROM OR IN ANY WAY CONNECTED TO YOUR USE OR INABILITY TO USE THE SERVICES.
(4)
The only remedy for dissatisfaction with the Services is to stop using the Services.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. As a result, the above limitations and exclusions may not apply to you in whole or in part.
11. Legal disputes and arbitration for users in the Middle East
Any disputes or claims arising out of or in connection with the Terms and Contracts for the purchase of Products including any question as to their existence, validity or termination shall be submitted to arbitration and finally resolved under the Arbitration Center of the Dubai International Financial Center (DIFC) and the London Court of International Arbitration (LCIA). The number of arbitrators shall be one. The language used in the arbitral proceedings shall be English.
PLEASE READ THE FOLLOWING TERMS CAREFULLY - THEY CAN MATERIALLY AFFECT YOUR STATUTORY RIGHTS, INCLUDING YOUR RIGHT TO SUCCESS
1.11 Resolve the dispute in principle. We are available at shop@bermuuda.com to answer any questions and concerns you may have regarding your use of the Services, and most problems are quickly resolved this way. You and we agree that we will use our best efforts to settle any dispute, claim, question or disagreement directly through good faith consultation and negotiation which will be a condition of any party proceeding with litigation or arbitration.
2.11 Waiver of Class or Standard Procedures. All claims, disputes or litigation shall be arbitrated on an individual basis and not on a class basis. The claims of more than one customer or user may not be arbitrated, litigated jointly, or consolidated with the claims of any other customer or user.
12. Legal terms
1.12 Waiver. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement applies to, and is binding upon, the Parties and their legal representatives, successors and assigns.
2.12 The Entire Agreement; no concession. These Terms, together with our Privacy and Cookie Policy, and any other legal notices posted on the Site or Apps, constitute the entire agreement between you and us relating to the Services, and supersede all prior terms, agreements, discussions and writings relating to the Services. If any provision of the Terms is found to be unenforceable, such provision will not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any provision of the Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
3.12 Compensation. You agree to release, indemnify, and defend the Company and any affiliates and related companies, suppliers, licensors, partners, officers, directors, employees, agents and their respective representatives from all claims, third-party costs (including reasonable costs) attorneys' fees arising out of or relating to: (i) your use of the Services; (ii) your behavior or interaction with other users of the Services; (iii) your breach of these Terms. We will promptly notify you of any such claim and provide you (at your expense) with reasonable assistance in defending the claim. You will permit us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In such event, you will have no further obligation to defend us in this matter.
4.12 Interpretation. When interpreting the Terms, the headings are for convenience only and should not be taken into account.
5.12 Applicable Law. If you reside in the United Arab Emirates, Kingdom of Saudi Arabia, Kuwait, Oman, Qatar, Bahrain or Jordan, your use of our website and contracts for product purchase through said website are subject to the DIFC Arbitration Rules and Regulations.
13. Copyright Infringement
Just as we ask others to respect our intellectual property rights, we also respect the intellectual property rights of others. If you believe that material on or associated with the Company infringes your copyright, we encourage you to send us a copyright takedown notice request. To do so, please send us an email at shop@bermuuda.com.
The notice of infringement must include the following:
identification of the copyrighted work that you claim has been infringed as well as any copyright record;
identification of the material or link on our Services that you claim infringes your copyrighted work;
provide your full legal name, company affiliation, mailing address, telephone number, and email address; And the
Include in the text of the notification the following statement, followed by your electronic or physical signature: “I hereby declare that the information in this notification is accurate, and under penalty of perjury, that I am the owner of, or authorized to act on behalf of, the copyright owner or an exclusive right under the copyright ".
We will deal with all such notices as appropriate or required by removing the infringing material or disabling all links to the infringing material. Under our own policies, we may in our sole discretion terminate a visitor's access to and use of the Services if the visitor is determined, under appropriate circumstances, to be a repeat infringer of the copyright or other intellectual property rights of the Company or others. In the event of such termination, we will not be obliged to refund any amounts previously paid to us.
14. Transfer (ownership) of the business
If the Company or substantially all of its assets are acquired, or if the Company or its subsidiaries are likely to go out of business or go bankrupt, user information will be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of the Company may continue to use your personal information for the same purposes for which we previously obtained your consent.
15. Contact us
We welcome your questions and comments about our privacy practices or these Terms. You can contact us at any time via email at shop@bermuuda.com Customer Service