This Application belongs to the Licensor, which is a member of the Unilever Group of companies.
This ------- Application is provided for your information and ----------, and we hope you enjoy using it. Please browse the Application and make use of its various features, but please be aware that your use of the Application is subject to the following Terms & Conditions (defined below). If you do not agree to these Terms & Conditions, please do not use this Application.
Please read this Terms & Conditions carefully, as it sets out the basis upon which we license the Application for use.
Before you download the Application, we will ask you to give your express agreement to the provisions of this Terms & Conditions.
These Terms & Conditions shall govern the access and use by any User from within any country in the world of the Application for Hosted Services made available by Unilever.
You agree that we may change or revise these Terms & Condition from time to time by updating this posting, and that such changes or revision will take effect immediately upon our posting, so please visit this area each time you use the Application to keep up to date with the current Terms & Condition. Your use of the Application reaffirms your continuing agreement to the then-current Terms & Conditions.
It is also important that you read the following Unilever policies that you can access on this site:
Except to the extent expressly provided otherwise, in this Terms & Conditions:
"App Store" means the online sales and distribution platform operated by a third party by means of which the User obtained the Application;
"App Store Terms & Conditions" means the terms and conditions of the App Store that set out any rights and/or obligations of the User in relation to the Application and/or any of the Services;
"Application" means mobile applications, applications of any kind, software of any kind or data which enables you to use the Hosted Services on any kind of device;
"Charges" means those amounts that the parties have agreed in writing shall be payable by the User to the Licensor in respect of this Terms & Conditions;
"Effective Date" means the date upon which the User receives a confirmation that this Terms & Conditions has come into force following the User's express consent to this Terms & Conditions;
"Terms & Conditions" means this end user license agreement, including any amendments to this end user license agreement from time to time;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Hosted Services" means the hosted services that are made available by the Licensor to the User as a service via the internet and may be accessed and used by means of the Application;
"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
"Licensor" or “Unilever” or “we” means Unilever Mashreq for Manufacturing and Trading (S.A.E, a company incorporated in Egypt under commercial register no. 3920, having its head office located at Galleria 40 Business Complex, Sheikh Zayed, 6th of October City, Giza, Egypt.
"Maintenance Services" means the supply to the User of Updates and Upgrades;
"Platform" means the platform managed by the Licensor and used by the Licensor to provide the Hosted Services, including the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and server software is installed;
"Services" means any services that the Licensor provides to the User, or has an obligation to provide to the User, under this Terms & Conditions;
"Source Code" means the Application code in human-readable form or any part of the Application code in human-readable form, including code compiled to create the Application or decompiled from the Application, but excluding interpreted code comprised in the Application;
"Support Services" means support in relation to the use of the Application and the identification and resolution of errors in the Application, but shall not include the provision of training services whether in relation to the Application or otherwise;
"Term" means the term of this Terms & Conditions, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;
"Update" means a hotfix, patch or minor version update to the Application;
"Upgrade" means a major version upgrade of the Application;
"User" or “you” means the person to whom the Licensor grants a right to use the Application under this Terms & Conditions; and
"User Data" means all data, works and materials: uploaded to or stored on the Platform by the User; transmitted by the Platform at the instigation of the User; supplied by the User to the Licensor for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by the User.
2.1 This Terms & Conditions shall come into force upon the Effective Date.
2.2 This Terms & Conditions shall continue in force indefinitely, subject to termination in accordance with Clause 17 or any other provision of this Terms & Conditions.
3. App Stores
3.1 The User acknowledges that, in addition to this Terms & Conditions, the App Store Terms & Conditions shall apply to the use of the Application and the other matters contemplated in this Terms & Conditions.
3.2 In the event of any conflict between this Terms & Conditions and the App Store Terms & Conditions, the provisions of the former shall take precedence.
3.3 Those provisions of the App Store Terms & Conditions that impose obligations and/or liabilities on the User in relation to the Application and/or the Services excluding those relating to payments are hereby incorporated into this Terms & Conditions for the benefit of the Licensor, and as such shall be enforceable by the Licensor against the User.
3.4 For the avoidance of doubt, the following matters shall be governed by the provisions of the App Store Terms & Conditions: the amounts payable by the User in respect of this Terms & Conditions; the methods of payment to be used by the User; and any rights of the User to cancel this Terms & Conditions and received any refunds of amounts paid in respect of this Terms & Conditions.
3.5 The User acknowledges that the operator of the App Store has rights under the App Store Terms & Conditions which may affect the exercise of the User's rights under this Terms & Conditions. Subject to Clause 16.1, the Licensor will not be in breach of this Terms & Conditions and will not be liable to the User in respect of any loss or damage arising out of, the operator's exercise of its rights under the App Store Terms & Conditions.
4.1 The Licensor hereby grants to the User from the date of supply of the Application to the User a non-exclusive, worldwide and perpetual license to perform, display and use the Application on any device which can access the App Store, subject to the limitations and prohibitions set out and referred to in this Clause 4.
4.2 The User may not sub-license and must not purport to sub-license any rights granted under Clause 4.1, save to the extent expressly provided otherwise in this Terms & Conditions.
4.3 Save to the extent expressly permitted by this Terms & Conditions or required by applicable law on a non-excludable basis, any license granted under this Clause 4 shall be subject to the following prohibitions:
(a) the User must not sell, resell, rent, lease, loan, supply, publish, distribute or redistribute the Application;
(b) the User must not alter, edit or adapt the Application; and
(c) the User must not decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, the Application.
5. Source Code
Nothing in this Terms & Conditions shall give to the User or any other person any right to access or use the Source Code or constitute any license of the Source Code.
6. Hosted Services
6.1 The Licensor hereby grants to the User a non-exclusive and worldwide license to use the Hosted Services by means of the Application during the Term.
6.2 Except to the extent expressly permitted in this Terms & Conditions or required by law on a non-excludable basis, the license granted by the Licensor to the User under Clause 6.1 is subject to the same prohibitions as those relating to the license of the Application and set out in Clause 4.3.
6.3 The Licensor shall use reasonable endeavors to maintain the availability of the Hosted Services to the User at the gateway between the public internet and the network of the hosting services provider for the Hosted Services but does not guarantee 100% availability.
6.4 You may:
(a) view pages from our Application in a web browser, mobile application or any other internet enabled device or smart tablet;
(d) stream audio and video files from our Application; and
(e) use our Hosted Services by means of a web browser or mobile application,
subject to the other provisions of these Terms & Conditions.
6.5 Except as expressly permitted by this Terms & Conditions, you must not download any material from our Application or save any such material to any device.
6.6 You may only use our Application for your own personal and business purposes, and you must not use our Application for any other purposes.
6.7 Except as expressly permitted by these Terms & Conditions, you must not edit or otherwise modify any material on our Application.
6.8 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our Application (including republication on another website and/or applications);
(b) sell, rent or sub-license material from our Application;
(c) exploit material from our Application for a commercial purpose; or
(d) redistribute material from our Application.
6.9 We reserve the right to restrict access to areas of our Application, or indeed our whole Application, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Application.
6.10 The User must not use the Hosted Services in any way that causes, or may cause, damage to the Hosted Services or Platform or impairment of the availability or accessibility of the Hosted Services.
6.11 The User must not use the Hosted Services:
(a) in any way that is unlawful, illegal, fraudulent or harmful; or
(b) in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
6.12 All the limitations and exclusions of liability and warranties, and the special acknowledgements by the User, that are set out in this Terms & Conditions and expressed to relate to the Application shall apply in respect of the Hosted Services in addition to the Application.
6.13 If you register as User on the Application, Unilever will ask you to provide information, such as your business name, address, email address, contact person details, mobile and/or telephone number.
As part of the registration process, you may be asked to select a username and password. You will be responsible for all activities occurring under your username and for keeping your password secure. If you become aware of any breach of security or unauthorized use of your username or password, you must notify Unilever immediately.
You agree to provide accurate and complete information when registering and using the Application and the Hosted Services, and you agree to keep your information up to date. You agree that Unilever may store and use your information for the purposes envisaged under these Terms & Conditions and in relation to the Hosted Services offered by the Application, including but not limited to Telemarketing and Tele sales.
7. User Data
7.1 The User hereby grants to the Licensor a non-exclusive license to copy, reproduce, store, distribute, publish, export, adapt, edit and translate the User Data to the extent reasonably required for the performance of the Licensor's obligations and the exercise of the Licensor's rights under this Terms & Conditions, together with the right to sub-license these rights to its hosting, connectivity and telecommunications service providers to the extent reasonably required for the performance of the Licensor's obligations and the exercise of the Licensor's rights under this Terms & Conditions.
7.2 The User warrants to the Licensor that the User Data will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
8. Maintenance Services
8.1 The Licensor may from time to time during the Term provide the Maintenance Services to the User but shall have no obligation to do so.
8.2 The User must apply to the Application each Update and Upgrade made available by the Licensor through the Maintenance Services.
8.3 If the User does not apply an Update or Upgrade to the Application, then the User shall cease to have any right to use the Application until such time as it does so. The User acknowledges that the Licensor may use technical measures to enforce this Clause 8.3.
8.4 The User acknowledges that the supply and licensing of Upgrades may, at the discretion of the Licensor, be subject to additional payments and/or additional terms & conditions.
9. Support Services
9.1 From time to time during the Term the Licensor may provide Support Services to the User, but the Licensor shall have no obligation to do so under this Terms & Conditions.
11. No assignment of Intellectual Property Rights
Nothing in this Terms & Conditions shall operate to assign or transfer any Intellectual Property Rights from the Licensor to the User, or from the User to the Licensor.
12. Suspension of Services
The Licensor may suspend the provision of any or all of the Services if any amount due to be paid by the User to the Licensor under this Terms & Conditions is overdue.
13. User Indemnity
The User shall indemnify and shall keep indemnified the Licensor against any and all liabilities, damages, losses, costs and expenses (including legal expenses and amounts reasonably paid in settlement of legal claims) suffered or incurred by the Licensor and arising directly or indirectly as a result of any breach by the User of this Terms & Conditions.
14.1 The Licensor warrants to the User that it has the legal right and authority to enter into this Terms & Conditions and to perform its obligations under this Terms & Conditions.
14.2 The Licensor warrants to the User that the Application, when used by the User in accordance with this Terms & Conditions, will not infringe the Intellectual Property Rights of any person in any jurisdiction and under any applicable law.
14.3 If the Licensor reasonably determines, or any third party alleges, that the use of the Application by the User in accordance with this Terms & Conditions infringes any person's Intellectual Property Rights, the Licensor may at its own cost and expense:
(a) modify the Application in such a way that it no longer infringes the relevant Intellectual Property Rights; or
(b) procure for the User the right to use the Application in accordance with this Terms & Conditions.
14.4 The User warrants to the Licensor that it has the legal right and authority to enter into this Terms & Conditions and to perform its obligations under this Terms & Conditions.
14.5 All of the parties' warranties and representations in respect of the subject matter of this Terms & Conditions are expressly set out in this Terms & Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of this Terms & Conditions will be implied into this Terms & Conditions or any related contract.
15. Acknowledgements and Warranty Limitations
15.1 The User acknowledges that complex software is never wholly free from defects, errors and bugs; and subject to the other provisions of this Terms & Conditions, the Licensor gives no warranty or representation that the Application will be wholly free from defects, errors and bugs.
15.2 The User acknowledges that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of this Terms & Conditions, the Licensor gives no warranty or representation that the Application will be entirely secure.
16. Limitations and Exclusions of Liability
16.1 Nothing in this Terms & Conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if a party is a consumer, that party's statutory rights will not be excluded or limited by this Terms & Conditions, except to the extent permitted by law.
16.2 The limitations and exclusions of liability set out in this Clause 16 and elsewhere in this Terms & Conditions:
(a) are subject to Clause 16.1; and
(b) govern all liabilities arising under this Terms & Conditions or relating to the subject matter of this Terms & Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Terms & Conditions.
16.3 The Licensor will not be liable to the User in respect of any losses arising out of a Force Majeure Event.
16.4 The Licensor will not be liable to the User in respect of any loss of profits or anticipated savings.
16.5 The Licensor will not be liable to the User in respect of any loss of revenue or income.
16.6 The Licensor will not be liable to the User in respect of any loss of business, contracts or opportunities.
16.7 The Licensor will not be liable to the User in respect of any loss or corruption of any data, database or software.
16.8 The Licensor will not be liable to the User in respect of any special, indirect or consequential loss or damage.
16.9 The liability of the Licensor to the User under this Terms & Conditions in respect of any event or series of related events shall not exceed the greater of the total amount paid and payable by the User to the Licensor under this Terms & Conditions in the 12-month period preceding the commencement of the event or events.
16.10 The aggregate liability of the Licensor to the User under this Terms & Conditions shall not exceed the greater of the total amount paid and payable by the User to the Licensor under this Terms & Conditions.
17. Links to Other Websites
For your convenience and enjoyment, this Application may provide links to other websites and applications on the world wide web that are not operated by Unilever. Unilever has no control over these websites and applications and is not responsible for their availability. Unilever does not endorse, approve or sponsor, nor is Unilever responsible or liable for, any information or content available at the linked sites or any products, or other materials on or available from such sites and applications. Unilever is not responsible for webcasting or any other form of transmission received from any linked site. In addition, Unilever is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such content, information, products, goods or services available on or through any such linked websites.
18. Disclaimer for Contents of the Application
The material on the Application (including any graphics, software, digital content, recommendations or other materials) and any material made available through the Application is provided "as is" and without conditions or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Unilever disclaims all conditions and warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Unilever does not warrant or make any representations regarding the use or the results of the use of the material on the Application in terms of its correctness, accuracy, reliability, or otherwise. The material on this Application could include technical inaccuracies or typographical errors and could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Unilever undertakes no obligation to verify or maintain the currency of such information.
19 Termination and Suspension of Accounts
19.1 The Licensor may terminate this Terms & Conditions and discontinue the Application by giving to the User not less than 30 days' notice of termination.
19.2 The User may terminate these Terms & Conditions by deleting the Application and ceasing to use the Application.
19.3 The Licensor may immediately terminate the Terms & Conditions, including your access to the Application, if the User breaches or fails to comply with any material term or provision of the Terms & Conditions. Upon termination, the User must discontinue use of the Application.
9.4 The Licensor may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in its sole discretion without notice or explanation.
20. Effects of Termination
20.1 Upon the termination of this Terms & Conditions, all of the provisions of this Terms & Conditions shall cease to have effect, save that the following provisions of this Terms & Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3, 6.6, 13, 16, 19, 20 and 22.
20.2 Except to the extent that this Terms & Conditions expressly provides otherwise, the termination of this Terms & Conditions shall not affect the accrued rights of either party.
20.3 Upon termination by the User, the User will not be entitled to any refund of any payments paid to the Licensor for paid Hosted Services.
20.4 Upon termination by the Licensor of any Hosted Services the User has paid for and where the User is not in breach of this Terms & Conditions, the Licensor will refund to the User a pro rata amount of the payment, such amount to be calculated by us using any reasonable methodology.
21 Eligibility and Access
21.1 The User may not use the Application and may not accept the Terms & Condition if
(a) the User is under 16 years of age, or
(b) the User is barred or otherwise legally prohibited from using or accessing the Application under the laws of the country in which the User is resident.
21.3 Access to the Application is permitted on a temporary basis, and Unilever reserves the right in its sole discretion to modify or discontinue the Application or specific portions of it without notice to you. We will not be liable if for any reason our Application or Hosted Services are unavailable at any time or for any period.
21.4 Subject to applicable law, we reserve the right to suspend or terminate access to the Application and/or the Services without notice for failure to comply with the Unilever Policies, for infringing copyright or any other intellectual property right, or for any other reason. The decision to terminate an individual’s access to the Application or the Hosted Services will be final and binding.
22.1 No breach of any provision of this Terms & Conditions shall be waived except with the express written consent of the party not in breach.
22.2 If any provision of this Terms & Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of this Terms & Conditions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
22.3 This Terms & Conditions may not be varied except by a written document signed by or on behalf of each of the parties.
22.4 The User hereby agrees that the Licensor may assign the Licensor's contractual rights and obligations under this Terms & Conditions to any third party, providing that, if the User is a consumer, such action does not serve to reduce the guarantees benefiting the User under this Terms & Conditions. The User must not without the prior written consent of the Licensor assign, transfer or otherwise deal with any of the User's contractual rights or obligations under this Terms & Conditions.
22.5 This Terms & Conditions is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to this Terms & Conditions are not subject to the consent of any third party.
22.6 This Terms & Conditions shall constitute the entire agreement between the parties in relation to the subject matter of this Terms & Conditions, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
22.7 This Terms & Conditions shall be governed by and construed in accordance with the laws of the Arab Republic of Egypt.
22.8 The competent courts of Cairo, Egypt shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this Terms & Conditions.