Terms and Conditions

This website [SPEAK WEBSITE] (“Website”) is operated by Speak Trading Company (“Speak”, “we”, “us”, “our”). The Website is offered to you conditional upon your acceptance of these Terms and Conditions (“Terms”) as modified from time to time. By accessing and using the Website, you hereby understand, agree and accept all Terms.

1. Right to Modify:

Speak reserves the right to change, modify or amend any part and / or all the Terms. Reasonable efforts will be made to ensure the latest updated version of the Terms is posted on the Website. your use of the Website after any change or variation to the Terms is deemed to be an acceptance to any modification or update. The customer is solely responsible for remaining knowledgeable of the Terms.

2. Intellectual Property:

All material on this Website is owned by or licensed to Speak. This includes all text, designs, logos, graphics, computer programs, audio, video and code (including HTML) in any form. Unless stated otherwise in these Terms, none of the material on this Website may be reproduced, downloaded, distributed, copied, republished, displayed or transmitted in any form whatsoever without our written permission. We grant you permission to view this website with a web browser provided that you do not:

  • Modify the material on this Website;
  • Resell the material on this Website; or
  • Create derivative works from the material on this Website.

We may withdraw this permission at any time without notice to you at our sole and absolute discretion.

We may in our absolute discretion publish on this Website material or information that you submit to us for:

  • Participation in surveys
  • Participation in competitions
  • Any other reason as we deem fit in accordance with these Terms and applicable laws.

By submitting information or material to us you grant to us an irrevocable, perpetual, royalty-free, non-exclusive, worldwide license to:

  • Use, reproduce, modify, sublicense, redistribute, adapt, transmit, publish, broadcast and display that information or
  • material and create derivative works from it;
  • Sublicense any of the foregoing rights to third parties.

3. Conduct:

In using this Website, you must not:

  • Disrupt the operation or security of this Website or any accounts, servers, or networks connected or accessible through this Website;
  • Use this Website in a way that may harass, annoy or disrupt any third person, including a third person who may receive messages as a result of your use of this Website;
  • Submit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; submit any material of any kind which violates or infringes the rights of any other person, including material which is an invasion of any privacy rights, which is protected by copyright, trademark or any other proprietary right without first obtaining the permission of the owner or relevant right holder;
  • Submit any material of any kind which contains a virus or other harmful component;
  • Modify or delete any content on this Website or add any content to this Website; or
  • Attempt to gain unauthorised access to any part of this Website.
  • Create a hyperlink to this Website unless we give you our express permission in writing.

We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

4. Third Party Links and / or Content:

The Website may contain links to websites operated by third parties. Such links are provided for your reference only and your use of these sites may be subject to their own terms and conditions that might be posted on them. By inclusion of the aforementioned websites SPEAK does not endorse the material or the security of browsing on such websites. Speak accepts no liability of whatsoever nature related to websites operated by third parties, and under no circumstances shall Speak be liable for any loss or damage caused by your use or reliance on information obtained through third party websites.

5. Disclaimer of Warranties and Limitation of Liability:

The information published on the Website might not be complete or it might include inaccuracies or typos. Speak does not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website. Speak makes no representations about the suitability of the information, products, and services contained on the Website for any purpose. All information, products and services are provided "as is" without warranty of any kind. Speak hereby disclaims all warranties and conditions with regard to information, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. We do not assume any common law duty of care towards you in providing the information on this Website.

IN NO EVENT SHALL SPEAK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE WEBSITE, OR RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE WEBSITE OR OTHERWISE, ARISING OUT OF THE USE OF THE WEBSITE, NO MATTER HOW ARISING WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

6. Content and Customer Submissions:

The Website might contain message or communication facilities which are offered to the public. Any opinions, views or statements expressed or made by a person in the course of using those facilities are those of that person and not of Speak or its employees. Speak is under no obligation to review any messages; information or content posted on the Website and assumes no responsibility or liability relating to any such submissions and Speak reserves the right to review, edit or delete without notice any contents of the submissions received from users, which it deems in its sole discretion to be illegal, offensive or anyway unfitting. You understand that you are responsible for any material you may submit to the Website. You agree that when posting a message or information on the Website you shall not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; nor publish, post, distribute, or disseminate any harmful, threatening, defamatory, abusive, infringing, offensive, obscene, vulgar, indecent, or unlawful material or information; nor advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters of any kind; nor post messages impersonating others; nor upload any files that contain software or other material protected by intellectual property laws or by rights of privacy (unless you have the legal right to do so with obtaining Speak’s prior written consent each time); nor upload any files that contain viruses, corrupted files, or any other similar software or programs that may cause damage to others or to the Website; nor delete any author attributions, legal notification, or proprietary material in any file therein.

7. Indemnification From Customer’s Submissions:

You agree to indemnify Speak, its employees, agents and representatives, and to hold all defended and harmless from any claims, and liabilities including legal costs that may arise from your submissions to the Website, from your use of material obtained through the Website, from your breach of these Terms, or from any such acts arising through your use of the Website.

8. Denial of Access:

Speak reserves the right, in its sole discretion, to deny access to the Website wholly or partially without any notification with no liability of whatsoever nature.

9. Usage locations:

The Website is controlled and offered by Speak from its offices in the Kingdom of Saudi Arabia. Speak makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other countries / jurisdictions do so at their own volition and risk and are responsible for compliance with their respective applicable / local law.

10. Governing law and Dispute Resolution:

These Terms and the legal relationship it creates are governed by the laws of Kingdom of Saudi Arabia. In case of dispute between us, you hereby consent to the sole jurisdiction of the Courts of Riyadh, Saudi Arabia to adjudicate the matter.

11. You are responsible for creating private account access information and for maintaining the security of that information. If you are provided with a username and / or password, it is solely your responsibility to safeguard these details.

12. Taking into consideration that Speak maintains physical, technical, and organizational safeguards to endeavor the security of the personal information from unauthorized access, use, alteration and destruction, however, no internet-based asset can be 100% secure and Speak cannot be held responsible for unauthorized or unintended access that is beyond its control. Taking the aforementioned into consideration, you give Speak the right to collect, process and use your personal information gathered through the Website.

13. We use cookies and other tracking technologies to improve your browsing experience on the Website, to show you personalized content and targeted ads, to analyze our website traffic, and to understand where our visitors are coming from. By browsing the Website, you consent to our use of cookies and other tracking technologies.

14. If you have any questions or concerns about our Website or Terms please email us at info@speakthestore.com. We will endeavor to respond to your concerns as soon as possible.


TERMS OF SALE 

TERMS AND CONDITIONS

These terms and conditions represent the final and complete agreement between our company and the buyer and no terms or conditions in anyway modifying or changing the terms stated herein shall be binding upon our company unless made in writing and signed and approved by our company.

2. ACCEPTANCE OF ORDERS

All orders are subject to written price verification by our company at any-time.

3. AVAILABILITY

Our company cannot guarantee the availability of the goods at the time of the purchase order. If any item is out of stock at the time of the purchase order, such item will be automatically canceled and if any amount was paid by the buyer, the paid amount of the canceled item will be refunded.

4. TRANSPORTATION

Unless otherwise provided, our company shall use its judgment in determining carrier and routing. In either case, our company shall not be liable for any delays or excessive transportation charges for the purchased items.

5. PACKING

Unless otherwise provided, our company will comply only with its minimum packing standards.

6. PAYMENT TERMS

The buyer is required to make the payment in advance. However, if the buyer fails to make payment in accordance with terms of this agreement or fails to comply with any provisions hereof, our company may, at its option (and in addition to other remedies), cancel the order and/or any unshipped portion of the order. The buyer is to remain liable for all unpaid accounts. All payment terms are subject to modification from time to time by our company.

7. TAXES

The buyer accepted to pay all applicable taxes.

8. RISK OF LOSS

Delivery to carrier shall constitute delivery to buyer, and thereafter risk of loss or damage shall pass to buyer. Any claim of buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by buyer against our company for shortage or damage occurring prior to such delivery to carrier must be made within 15 days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from our company in the condition claimed.

9. FORCE MAJEURE

Our company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of buyer, civil or military authority, including wage and price controls, fires, war or other circumstances beyond our company's reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Our company may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which we deem fair and reasonable. In no event shall our company be liable for special or consequential damages for any delay for any cause.

10. LIABILITY

Our company shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its good, either singularly or in combination with other goods, arising out of acceptance of this order. Our company shall have no liability for errors in weight or quantity delivered unless claim is made by buyer within 15 days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from our company in the condition claimed.

11. WARRANTY

All goods sold by our company are warranted to buyer to be free from defects. Any claimed defect shall be deemed waived by buyer unless submitted to our company in writing within five 3 days from the date the goods are received by buyer. Our company shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods.

12. REMEDIES AND LIMITATION OF LIABILITY

Our company shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating thereto. Our company's liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at our company's option, to the replacement of goods not complying with this agreement, the repayment of, or crediting buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods.

13. SELECTION

Buyer represents that the goods sold hereunder are fit for their actual or intended use.

14. DISPUTE RESOLUTION CLAUSE AND APPLICABLE LAW

These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the United Arab Emirates, as applied in the Emirate of Dubai.

If you have an issue with our Services, please contact us. We will endeavour to resolve your issue as soon as possible. Any disputes or Claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with these Terms of Use shall be referred to and finally resolved by the laws as applicable is United Arab Emirates.

15. LANGUAGE AND CORRESPONDING TEXT

This agreement has been written in the English language and, If the event of any conflict, the different meanings or contradictory between the English-language version and any translation hereof, the English language version shall prevail.