TERMS AND CONDITIONS
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY
Last updated: MAY 2023
Overview
The mykokids.com website (“Site”) is owned by FMD25 General Trading LLC (“FMD 25”) having its registered office and place of business at Office 527, Level 5, Standard Chartered Building, Emaar Square, Downtown, Dubai, United Arab Emirates (UAE), with license number 1007367, trading under the brand, “Myko Kids”. These Terms and Conditions (“Terms”) apply to use of the Site by users (“you”, “your” or “users”) along with all associated sites owned by FMD25 or, as the case may be, Myko Kids, its subsidiaries, and affiliates (collectively “Myko Kids”, “we”, “us” or “our”). The Site is provided as a service to users and is intended to allow you and other users to browse and order products or services (“Products”) offered for sale on the Site.
These provisions apply to purchases of Products and services on the Site for delivery in the Gulf Cooperation Council (“GCC”) countries only.
By accessing and using the Site, you agree to these Terms; if you do not agree, please do not use the Site.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will constitute your express consent to the changes to these Terms.
Nothing in these Terms affects your statutory rights, either as a consumer or otherwise.
1. PRIVACY POLICY
1.1 Myko Kids’ Privacy Policy applies to the use of the Site and the personal information you provide. The terms of the Privacy Policy are made a part of these Terms by this reference.
2. REGISTRATION
2.1 The Site allows you to access, browse and place orders for Products available on the Site such as children clothing, accessories, toys, and fashion products. To place an order and access certain features of the Site, you must register an account with us (“Account”) which will require you to provide some compulsory personal information.
2.2 By registering an Account, you warrant that the details you provide to us are true, accurate and complete and you agree that you will inform us immediately of any changes to those details (e.g. change of email or shipping address). You can access and update your details using the “Account” area of the Site. You authorise us to use any information provided to us in registering to verify your information (including any updated information). Your application for registration must otherwise be acceptable to us in our own absolute discretion.
2.3 To register an Account, or otherwise use the Site you must be the legal age of majority in your jurisdiction. If you are below the legal age of majority, your parent or guardian must consent to the Terms and your use of the Site on your behalf.
2.4 By registering on the Site and opening your Account, you will create your own unique username and password. You are solely responsible for maintaining the confidentiality of your Account password and for taking all necessary steps to ensure that the username and password is kept confidential and secure. You agree to accept responsibility for all activities that occur under your Account (including any unauthorised user of your username and password). Please inform us immediately if you have any reason to believe that your username and/or password has become known to anyone else, or are being, or are likely to be, used in an unauthorized manner, and change your password as soon as possible.
3. PRODUCTS
3.1 We may make available listings, descriptions, and images of Products. Such Products are made available by us. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Site). Such information and the availability of any Products are subject to change at any time without notice.
3.2 We have made efforts to accurately display the attributes of Products, including the applicable colours. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect actual product colour or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only. You should not rely solely on the information presented on the Site, and you should read labels, warnings and directions provided with the Products.
3.3 The Products we sell are for children’s use; however, these Products are intended for sale to adults only.
4. PRICES
4.1 All prices shown on the Site are inclusive of Value Added Tax (“VAT”) at the applicable rate in the respective GCC jurisdiction from where you are accessing the Site. Your chosen payment method must be in the currencies that we accept.
4.2 Prices listed do not include delivery fees. Delivery fees will be added to the total price of your order. You will be shown the charges for delivery before we ask you to confirm your order.
4.3 Prices are subject to change without notice. Prices are not necessarily the same in each GCC country due to factors suchs customs and dutie or currency fluctuations. Prices may change at any time due to markdowns or price changes advised by the suppliers. These price changes can reflect at any time throughout the day and may result in the price of a Product increasing or decreasing. Pricing or availability errors may occur on the Site. We reserve the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us. We may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
5. ORDER AND PAYMENT
5.1. When you place an order for Products on the Site, we will notify you by email as soon as possible to acknowledge that we have received and are processing your order. Our acceptance of your order will take place only when we take payment from you and dispatch the Products that you ordered from us. Prior to the dispatch of the Products, we have the right to decline an order for any reason, including legal and regulatory reasons.
5.2 The duration of our contract with you will start from when you receive the order dispatch email and last until the last day of your right to return the Products.
5.3 If we cannot supply you with the Products you ordered, we will not process your order. We will inform you of this in writing (including email or other electronic messaging) and, if you have already paid for the Products, refund you in full as soon as reasonably possible, in accordance with clause 8.
5.4 During the checkout process on the Site, you will be asked to enter your payment details. We offer customers various payment methods (“Payment Methods”) including:
(a) Credit/debit cards (American Express, Visa, and MasterCard) provided
through our payment solutions provider (“Payment Solutions Partner”)
(b) Apple Pay (through our Payment Solutions Partner)
(c) Cash on Delivery (“COD”) for orders up to AED 2,500 only (or the
equivalent amount in the currency of your purchase in your GCC country
of residence) provided through our logistics and fulfilment providers;
(d) Store credit available in your Account on the Site;
(e) Gift cards (if) issued by the Site or any other partner authorised by us;
(f) Payment by instalment provided through our Patyment Solutions Partner or
Third Party Payment Solution; and
(g) Any other payment methods approved and offered by us in partnership with a
third party payment solutions provider on the Site as applicable and available
in your country of purchase (“Third Party Payment Solution”).
5.5 For COD orders, you will be charged a service fee of AED 10 per order (or the equivalent amount in the currency of your purchase in your GCC country of residence). Payment for COD will only be accepted in the local currency, as displayed on the page of our payment gateway provider. Upon delivery, the carrier will collect the amount due for the order total, including delivery or service fees. Orders placed using COD can be returned in accordance with our returns policy. However, except as otherwise required by law, we will only provide refunds in the form of store credits.
5.6 Where you pay by card, you agree, understand, represent and warrant that the card details provided by you are correct, accurate and current and that you are lawfully authorised to provide us the details and use such card to make purchases on the Site. Under no circumstances shall you use a card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid card details to us. The card details will not be utilised or shared by us with any of the other third parties other than our third party payment gateway provider(s) or our Payment Solutions Partner(s) (where you have opted for a Third Party Payment Solution) for the purpose of processing your order and paying for Products or unless required for fraud verifications or by law, regulation or court order. We will not be liable for any card fraud.
5.7 For your convenience, your credit or debit card information can be stored in your Account. For more information, see our Privacy Policy. For added security, the billing address you provide must exactly match the address on file for your debit or credit card. The processing of your order may be delayed if these addresses are different.
5.8 We may request a pre-authorisation for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
5.9 While using any of the payment method/s offered by us, we are not liable for any loss or damage arising directly or indirectly incurred by you when a transaction is declined for:
(a) lack of authorization for any transaction/s;
(b) exceeding the pre-set limit mutually agreed by you and between your bank,
or decline of transaction for any other reason/s.
5.10 We reserve the right to offer additional Payment Methods and/or remove existing Payment Methods at any time at our sole discretion. If you choose to pay using an online Payment Method, the payment shall be processed by our third party payment gateway provider(s) or Payment Solutions Partner(s) (where you have opted for a Third Party Payment Solution). With your consent, your credit card/payment information will be stored with our third party payment gateway provider(s) or Payment Solutions Partner(s), as the case may be, for future orders.
5.11 At the time of checkout, you must consent to the applicable terms and conditions and disclaimers of Myko Kids and our third party payment gateway provider(s) or Payment Solutions Partner(s) (where you have opted for a Third Party Payment Solution), as the case may be, before using any online Payment Method.
5.12 Please note that we do not guarantee the security of data that you send to us by email or other form of electronic messaging. Accordingly, please do not send us any payment information using email or electronic messaging. Only use the payment gateway on our Site. We will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide to us.
6. DELIVERY
6.1 We will only deliver Products to addresses within the GCC. Orders that are placed for delivery to addresses outside GCC will be automatically rejected during the order process.
6.2 Delivery charges and timescales vary depending on the type of Products ordered, the service you select and the delivery jurisdiction and address. The recipient of the Product as listed on the order invoice is the importer of record and must comply with all applicable laws and regulations of the destination country. Customs delays can affect original delivery estimates.
6.3 Shipments for order within the GCC may be subject to import taxes, fees, and customs duties (hereafter, "Import Fees"), levied by the customs office of your shipping destination. Import Fees vary according to the customs regulations of the destination country. Components that play a role in Import Fee calculations are (among others):
(a) Product category and price
(b) Shipping costs and package weight
(c) Customs clearance channel
(d) Import taxes based on custom duty amounts
6.4 Customs policies vary widely, and some countries do not charge Import Fees for shipments that fall below a minimum value. You may contact the customs office of the destination country for more information. To simplify the customs clearance process on Products shipped by us, you can see an Import Fees estimation during checkout, which will be added to the total price payable by you at checkout, for eligible destinations.
6.5 Products will be shipped to an address designated by you. Where you fail to provide an accurate address or are unable to receive the shipment for a Product from the delivery/courier executive, we shall have no liability to you in respect of such delay or failure of delivery (and the delivery costs for re-shipment will be borne by you).
6.6 We shall have no liability to you in respect of any delay or failure to deliver a Product due to circumstances beyond our reasonable control, including (without limitation) delay or failure caused by adverse weather or transport problems.
7. CANCELLATIONS
7.1 Cancellations by us: Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department, cases where we find that the user is manipulating the account to place multiple orders. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after you have been charged, the said amount will be reversed back to you via the same method used by you for payment. No cash disbursement shall be made under any condition whatsoever.
7.2 Cancellations by you: In case we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount. We will have absolute and full discretion with regards to our decision to cancel once we receive your request. We will not be able to cancel orders that have already been shipped out by us or dispatched for delivery. Please note that once you place an order there is only a limited period of time (i.e. before it is dispatched) during which you will be able to cancel your order. So, if you wish to cancel your order, please contact us as soon as possible.
7.3 Statutory cancellation rights: Where under applicable law you have a legal right within a specific time period to cancel your order and return the Products to us then we will honour this right.
8. rETURNS, EXCHANGES AND REFUNDS
8.1 If you wish to return (for any reason stated in this Clause 8) please first contact our dedicated customer care team at info@mykokids.com who will assist you with the return process. Please always provide your order number and contact details (including your name, e-mail and mobile number)
8.2. If you return to us within fourteen (14) days of its delivery to you a Product which is faulty or not as described on our Site, or we are otherwise required to provide a full refund under applicable law, we will provide you with a full refund of the Product’s price plus the applicable delivery fees. If your product is faulty or not as described, please contact our dedicated customer care team immediately at info@mykokids.com attaching photos of your faulty or wrong Product as well as your order number and contact details (including your name, e-mail and mobile number).
8.3 Please note that the procedure for exchanges is the same as for returns.
8.4 Subject to clause 8.5 (b) below, we issue each refund to the payment method that you chose when you placed your order.
8.5 Refunds will usually be processed from our end within five (5) working days (in the UAE and/or the country of our Payment Provider) from the date of our receipt of the returned Product or receipt of your cancellation request under clause 7 (as applicable). Where the refund is for a returned Product, you will receive the refund after your Products are received back by us and inspected and approved by our team. The final refund will be received by you (excluding deductions if any and all applicable charges and fees (such as delivery fees, banks, financial institutions, any other third party charges) as follows:
(a) If the refund is to a credit or debit card all correctly returned Products will
be refunded to the original purchaser as credit to the relevant credit or debit
card or bank account used for the transaction after deducting the applicable
bank charges (if any).
(b) If the refund is COD, then you will be refunded in the form of store credits
that will be credited to your Account wallet on the Site that are valid for 12
months from the date of issue and can be used online (except where the
applicable law states otherwise).
8.6. After we approve and process your refund from our end, please note that credit or debit card refunds may take additional time depending on your issuing bank processing time. This can vary greatly between credit or debit card issuers, and we shall not be liable for any delays in refund by credit or debit card companies. We are also not liable for any delays in refund by a Payment Solutions Partner where you have opted to pay using a Third Party Payment Solution. We offer no guarantees whatsoever for the accuracy or timeliness of the refund reaching your credit or debit card/bank accounts. This delay can arise as a result of various events, including but not limited to the various intermediaries involved in processing of online transactions, the problems with internet infrastructure currently available, the applicable terms and conditions of the Payment Solutions Partner (where you have opted for a Third Party Payment Solution) and working days/holidays of financial institutions.
8.7. Nothing in this clause is intended to affect any consumer rights that you may have under applicable laws.
8.8. In addition to your statutory rights, including in relation to faulty or misdescribed goods, we also operate a “goodwill” returns policy. If for any reason you are not satisfied with any Product purchased via the Site, you may return it to us within fourteen (14) days of your receipt of such Products for a refund in accordance with this clause 8.6. For any Products returned under our “goodwill” returns policy (i.e. where there is no defect or fault in the Product), you will receive the refund in the form of store credits that will be credited to your Account wallet on the Site after your Products are received back by us and inspected and approved by our team to ensure that the Product is not damaged, worn or used (where a Product is not returnable after use) and that it has been returned in its original packaging. Refunds in relation to any returns under our “goodwill” returns policy will be processed by us within five (5) working days from the time we receive the Product. For the avoidance of doubt, you will be responsible for all shipping/delivery costs associated with the delivery (to you) and return (to us) of a Product that you wish to return to us and we shall be entitled to deduct such delivery/shipping costs (where incurred by us) from the refund amount for your returned order under our “goodwill” returns . Where the delivery/shipping costs associated with the return (to us) of a Product that you wish to return under this policy exceed the cost of the Product itself, we will deduct such costs from the refund amount for your returned order and invoice you for the balance amount, which you must pay to us within seven (7) working days of such invoice.
9. User Comments, Feedback And Other Submissions
9.1 You may only use the Site for lawful purposes and you may not use the Site in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site.
9.2. Without limiting the generality of the preceding paragraph, when accessing the Site, you should not:
(a) Interfere, disrupt or attempt to gain unauthorized access to other accounts on
the Site or any other computer network;
(b) Use the Site in connection with any commercial endeavours without our
prior written consent;
(c) Post your personal information such as instant messaging addresses,
personal URLs, physical addresses and phone numbers in any publicly
viewable areas of the Site;
(d) Create user Accounts by automated means or under fraudulent or false pretences;
(e) Collect and publish any information about any of our users;
(f) Encourage conduct that would constitute a criminal or civil offense;
(g) Violate any applicable laws or regulations;
(h) Exploit any person, including but not limited to exploiting any minor under
21 years of age;
(i) Invade the privacy of any person, including but not limited to submitting
personally identifying or otherwise private information about a person without
their consent (or their parent/guardian’s consent in the case of a child under
21 years of age);
(j) Submit false or misleading information to us, the Site or other users;
(k) Undermine any feedback or ratings systems;
(l) Transfer your Account (including your username and password) to another
party without prior written consent from us;
(m)Distribute spam, bulk electronic communications, chain letters, or
pyramid schemes on the Site;
(n) Engage in any other activity deemed by us to be in conflict with the spirit of
these Terms; or
(o) Otherwise incur any liability to us.
9.3 You will not use the Site to distribute any materials that:
(a) are defamatory, abusive, harassing, threatening, or an invasion of a right of
privacy of another person; are hateful, or racially or otherwise offensive;
are violent, vulgar, obscene, pornographic or otherwise sexually explicit;
or otherwise harm or can reasonably be expected to harm any person or entity;
(b) are illegal or encourage or advocate illegal activity or the discussion of
illegal activities with the intent to commit them, including a submission that is,
or represents an attempt to engage in, child pornography, stalking, sexual
assault, fraud, trafficking in obscene or stolen material, drug dealing and/or
drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
(c) infringe or violate any right of a third party including any copyright,
patent, trademark, trade secret or other proprietary or contractual rights, right
of privacy (specifically, you must not distribute another person’s
personal information of any kind without their express permission) or publicity,
or any confidentiality obligation;
(d) are commercial, business-related or advertise or offer to sell any products
or otherwise (whether or not for profit), or solicit others (including solicitations
for contributions or donations);
(e) contain a virus or other harmful component, or otherwise tamper with, impair
or damage the Site or any connected network, or otherwise interfere with
any person or entity’s use or enjoyment of the Site;
(f) violate any specific restrictions applicable to a public forum, including its
age restrictions and procedures; or
(g) are antisocial, disruptive, or destructive, including “flaming,”
“spamming,” “flooding,” “trolling,” and “griefing” as those terms are
commonly understood and used on the Internet.
9.4 You may not copy, modify, distribute, sell, or lease any part of the Site. 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 Site. You may only access the Site through the interfaces that we provide for that purpose (for example, you may not “scrape” the Site through automated means or “frame” any part of the Site).
9.5 You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, by hacking, password “mining” or any other illegitimate means.
9.6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us.
9.7. We reserve the right to restrict or terminate your access to, or use of, the Site, the Products 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.
10. LINKS
10.1 The Site 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 neither FMD25 nor Myko Kids 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.
10.2 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. Myko Kids does not endorse and is not responsible for the use of, or the content of, any third party websites. Myko Kids is not responsible for anything that may happen when you use them.
10.3. Neither you nor any third party acting on your behalf may link to any page of this Site.
10.4. 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 Site, without our prior written consent.
11. LICENSE AND INTELLECTUAL PROPERTY
11.1. Subject to these Terms, we grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access and use the Site solely in connection with your order and payment for the Products. This licence is exclusive to you and you may not sublicense or transfer the use of the Site to anyone else. We and any relevant licensors expressly retain all ownership rights, title and interest in and to all aspects of the Site, including images of the Products, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site.
11.2. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This licence will not be construed or interpreted as granting or providing rights to you to use, copy, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Terms for any reason. Except for the rights expressly granted to you in these Terms, we grant no right, title and interest to you in the Site and the Products. All rights and privileges that are not expressly granted under these Terms are reserved by us and our licensors.
11.3 We use reasonable efforts to ensure that the online features of the Site are available 24 hours a day, 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. We will use reasonable commercial efforts to minimize such disruption where it is within our reasonable control. We will not be liable to you for any unavailability, modification, suspension or discontinuance of the Site or any Product.
11.4 You are responsible for obtaining access to the Site and that access may involve third party fees (such as internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Site.
11.5 Unless otherwise expressly stated, all contents of the Site 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.
12. SUSPENSION AND TERMINATION
12.1 We reserve the right to suspend or terminate your access to and use of the Site, at any time, without notice and need for a court order, for any reason, including but not limited to (a) your breach of these Terms, or any other policies or guidelines of Myko Kids as may be in effect from time to time, or (b) conduct that we believe is harmful to other users of the Site, or the business of Myko Kids or other third parties.
12.2 You agree that we shall not be liable to you or any third party for any termination of your access to the Site. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Products (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Products.
13. DISCLAIMER OF WARRANTY
13.1 The Site is provided on an “as is” and “as available” basis. We, our 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.
14. LIMITATION OF LIABILITY
14.1 To the maximum extent permissible by applicable law, we, our parents, subsidiaries, affiliates, and their respective suppliers, and any of their owners, officers, directors, managers, members, agents, and employees:
(a) are not responsible for any infringement or transaction dispute, including, but
not limited to, transaction disputes about quality, safety, breach of warranty,
lawfulness or availability of the Products and the payment by you;
(b) 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 Site and its content, whether based on warranty, contract, tort
(including negligence), or any other legal theory, and whether or not we are advised
of the possibility of such damages; and
(c) 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 Site
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 Site.
14.2 Where it is not possible to exclude liability under applicable law, you agree that our maximum liability for any corresponding claim will be limited to an amount of AED 100.
15. INDEMNITY
15.1. You agree to hold harmless and indemnify us, our parents, subsidiaries, affiliates, and their respective 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 (a) your access to or use of the Site or Products; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; (d) any claim that your use of the Site or Products caused damage to a third party; or (e) any claim arising out of or in connection with any transactional dispute about the Products, listing, or information on the Site.
16. FORCE MAJEURE
16.1. Under no circumstances will we be held liable for any delay or failure or disruption of the content or Products delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, pandemics, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance by third parties.
17. ENTIRE UNDERSTANDING
17.1 These Terms, as supplemented by any additional documents referred to in them and any policies or rules posted on the Site (including any amendments made from time to time as contemplated by these Terms) sets out the entire understanding and agreement between you and us with respect to the use of the Site.
18. ELECTRONIC COMMUNICATION
18.1 To use the Site you will communicate with us electronically. You agree to receive communications from us electronically and that these electronic communications will satisfy any legal requirement for communications which need to be in writing. You agree that we can reasonably rely on any electronic communication received from you with the intention of giving your authentication or approval of information sent to us by electronic means (whether through the Site or otherwise).
19. GENERAL TERMS
19.1 Severability: If any provision of these Terms are 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.
19.2 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.
19.3 Assignment and third party rights: You may not assign or sub-contract any of your rights or obligations under these Terms 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.
20. GOVERNING LAW AND JURISDICTION
20.1. The Terms will be governed by the laws of the Dubai International Financial Centre (DIFC), United Arab Emirates. Any dispute regarding these Terms will be subject to the exclusive jurisdiction of the DIFC Courts. If any portion of the Terms is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, the remainder of the Terms will not be affected.
21. CONTACT
21.1. FMD25 General Trading LLC having its registered office and place of business at Office 527, Level 5, Standard Chartered Building, Emaar Square, Downtown, Dubai, United Arab Emirates (UAE). You can contact us regarding the Site, or these Terms, on info@mykokids.com.