Terms and Conditions of Use

INTRODUCTION

Welcome to the "www.kalimahco.com" website, the official online shop of Kalimah.

The access to the www.kalimahco.com website (hereinafter the “Website”) and the use of its products services, features and content are subject to these Terms and Conditions of Use (“Terms of Use”).

You may be accessing the Website from a computer or mobile phone device and these Terms of Use govern your use of the Website and your conduct, regardless of the means of access. 

We hereby inform you that these Terms of Use may be modified at any time, without notice, and in our sole discretion. Such modifications will be made public by means of their being placed on line and will be effective upon posting.  The modifications to the Terms of Use will be deemed to have been accepted without reservation by your continued use of the Website following posting of the modification on line. You should therefore frequently review these Terms of Use carefully, including their effective dates, before navigating through our Website.

The fact that you have entered into and browsed in our Website constitutes your acceptance of these Terms of Use.

  1. GENERAL INFORMATION

Kalimah Website is managed and published by HIGH PROFILE, SAS, a French simplified joint stock company with €5,000 (euros) in capital, headquartered registered office located at 52 Avenue Ardouin 94420 Le Plessis-Trévise France. Registered with Greffe du Tribunal de Commerce de Créteil - France, under registration number: 877646745, and TAX number (VAT) Number: FR 86 877646745. Its Publications Director is Ahmed SHOWLAQ.

The Website is hosted and powered by Shopify, is the developer of the Shopify platform available to Merchants. whose registered office is located 150 Elgin Street, 8th Floor Ottawa, ON K2P 1L4 , Canada.

  1. Privacy Policy

We recommend that you read the Privacy Policy, which also applies in the event that users access to www.kalimahco.com and use the relevant services without making purchases. The Privacy Policy will help you understand how and for what purposes www.kalimahco.com collects and uses your personal data.

  1. INTELLECTUAL PROPERTY

This Website is the exclusive property of KALIMAH, and High Profile, SAS is solely entitled to use and operate the individual and intellectual property rights covering the Website.  All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Website is Copyright © KALIMAH, High Profile, SAS.  ALL RIGHTS RESERVED.  The compilation (meaning the collection, arrangement and assembly) of all content on the Website is the exclusive property of KALIMAH, and High Profile, SAS and is protected by French and international copyright laws.  All software used on the Website is the property of KALIMAH or its software suppliers and is protected by French and international copyright laws. 

The KALIMAH trademark, and all the brand and non-brand marks, and in general all other trademarks, illustrations, images and logotypes that appear on the KALIMAH products, their accessories or their packaging, whether or not they are registered, are and shall remain the exclusive property of KALIMAH.

Any reproduction in whole or in part, modification or use of these trademarks, illustrations, images and logotypes for any reason and by any means whatsoever including, without limitation, in a manner that is likely to cause confusion among consumers or in a manner that disparages or discredits KALIMAH, is strictly prohibited.

Any combination or use of the KALIMAH trademarks, illustrations, images and logotypes in conjunction with any other trademark, symbol, logotype and more generally any distinctive sign that is intended to form a composite logo is strictly prohibited.

The use of all or part of the Website, in particular by means of downloading, reproducing, printing, electronically copying, distributing, republishing, displaying, performing or transmitting for purposes other than personal and private use for a non-commercial purpose is strictly prohibited.

Hyperlinks to our Website may only be created with our written, prior consent. Such consent may be withdrawn at any time. We cannot be held responsible for the content of any websites linked to our Website.

  1. PRODUCTS

The KALIMAH products featured on the Website are representative of KALIMAH’s collection. The style, designs, models, colors and prices of the KALIMAH products featured on the Website may be modified without prior notice.

  1. DISCLAIMER

The content of this Website may contain inaccuracies or typographical errors. KALIMAH shall not be held liable for any inaccuracy or error, or for loss or damage caused by or resulting from the use of information obtained on or through the Website. It is up to you to assess the information and any other content available on or through the Website. The Website and the information and products appearing on it are liable to be modified at any time, possibly without further notice or advance warning.

The visitor is informed that the access of this Website may be interrupted at any time for maintenance, security reasons or any other technical constraint.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use of any content or enforce limitations on use of the Website or the content therein.  You may not interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, including by using any device, software or routine to bypass robot exclusion headers.

  1. GUARANTEES

This Website and its contents are provided "as is" and "within the limit of their availability". KALIMAH shall not be held liable and provides no guarantee of any kind, whether express or implied, including any guarantee as to the title or the absence of malevolent programs (such as viruses, worms or Trojan horses) or implied guarantee as to merchantability (trade value) or suitability for a particular use, and expressly disclaims all liability and all guarantee. KALIMAH shall bear no liability and cannot guarantee that the information contained on the Website is accurate, complete or up-to-date, that the Website contains no defect or that any such defect shall be corrected. By using this Website, you agree to do so at your own risk and assume full responsibility for any inability to use the Website, any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the Website, and you agree to hold KALIMAH harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Website. In cases where the applicable law does not permit the exclusion of implied guarantees, some or possibly all of the disclaimer clauses mentioned above may not apply to you.

  1. LIMITATION OF LIABILITY

KALIMAH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. WHERE PERMITTED BY LAW, THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON KALIMAH'S LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS OF USE, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM KALIMAH AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.  AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE, SOME OR EVEN ALL OF THE LIMITATIONS MENTIONED ABOVE MAY NOT APPLY TO YOU.

Even if all or parts of liability limitation clause in these Terms of Use are deemed to be invalid by Consumer Contract Act, KALIMAH will not be liable for special damages (including such damages which KALIMAH and/or consumer foresaw or could have foreseen) arising from KALIMAH’s negligence (excluding its gross negligence). The compensation for damages shall be limited to the cost of the products which the customer purchased in the transaction related to the damage.

Where permitted by law, you agree to defend, indemnify and hold harmless KALIMAH (and its officers, directors, agents, subsidiaries, affiliates, employees and third party service providers) from all claims, demands, losses, liabilities, costs and expenses of every kind or nature, known or unknown, including reasonable legal fees, arising out of (a) your use of and access to the Website, (b) your violation of this Terms of Use, and (c) your violation of any law or the rights of a third party (including, without limitation, any intellectual property or privacy right).

The provisions of this section (6) will survive the termination of these Terms of Use and your use of the Website.

  1. CHOICE OF LAW – LANGUAGE – DISPUTES

The Website is created, controlled and operated by High Profile, SAS from France.  As such these Terms of Use are governed by and subject to French law, without giving effect to any principles of conflicts of laws. They have been drafted in French. In the event that they are translated into one or more other languages, only the French text shall be binding in the event of a dispute. [NB: Kalimah must conform the French language versions of all documents]

Any disputes which may arise under these Terms and Conditions concerning their validity, interpretation, performance, termination and various consequences will be brought before the French courts for adjudication. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

English