Last Updated: 14 June 2021

 

1. INTRODUCTION

1.1 These Terms and Conditions (“Terms”) determine the rights and obligations of all persons accessing, visiting or using https://plasticswapco.com (“Website”), belonging to SALAMANCA LLC, a limited liability company with business license no. 2112534.01 (“Company” “us”, “we”, or “our”).

1.2 Through the Website, the Company provides a variety of goods and products (“Goods”) available for sale digitally.

1.3 “User” refers to both customers and any persons accessing or visiting the Website, regardless of whether they purchase any goods or products.

1.4 Any reference to the term “you” shall refer to Users.

1.5 Upon accessing the Website, including any version of this Website that has been amended to geographically suit its users, you will be asked to consent to being bound by these Terms as well as our Privacy Policy. Users are hence advised to review these Terms and our Privacy Policy (insert link to Privacy Policy) prior to use of the Website. Should a User not wish to consent to our Terms and/or Privacy Policy, we reserve the right to refuse access to the Website and refrain the User from purchasing any

1.6 All Users of the Website hereby understand and acknowledge that we do not prescribe any updates ourselves, nor do we provide any marketing advice or other consultations. The Website is solely of providing information and permitting sale of the Goods digitally.

1.7 Users hereby agree and acknowledge that we reserve the right to amend these Terms at any time, without prior notice.

1.8 The User’s continued use of the Website, following any amendments, represents the User’s agreement to be bound by the modified Terms. Therefore, Users confirm their responsibility of regularly reviewing these Terms.

1.9 The content available on the Website, such as text, graphics, images, information obtained from third-parties, and any other materials displayed on the Website (“Content“) are displayed for informative purposes only.

1.10 The Company does not recommend, or endorse, any information that may be mentioned or provided through the Website.

1.11We may, at our sole discretion, select certain third-party websites as priority responses to search terms that you may enter. Therefore, we agree to allow advertisers to respond to particular search terms with marketing campaigns or sponsored content.

1.12 Referring to Clause 1.11, the Company does not recommend, validate or endorse the content available on third-party websites. Moreover, we shall not be held responsible for the content provided through any linked third-party websites, webpages framed within the Website, search results or independent advertisements.

1.13 You agree and acknowledge that your use of third-party websites is at your own risk, and you may be subjected to the terms and conditions thereof. The Company shall accrue no liability for such third-party websites.

 

2. ACCEPTABLE USE

2.1 Users may be requested to create an online account (“Account”), through the Website, in order to purchase Goods.

2.2 The Account creation process will require submission of information such as: a valid email address, password and other similar information.

2.3 By submitting such information towards the Account creation process, Users agree and acknowledge that they are the lawful owners of such information and consent to the disclosure of their Account information.

2.4 The Company implements safety measures to secure Users’ login information. However, it is the sole responsibility of the User to keep such information secure and to not disclose it to any other third party. Therefore, the Company does not accept any form of responsibility or liability for any misuse of your Account, due to your disclosure of the Account details.

2.5 In the event your Account information has been lost, stolen or otherwise disclosed, you must change the password through the Account settings feature on our Website, or immediately notify us.

2.6 Users agree and acknowledge that their Account is non-transferable and may not be sub-licensed or used by any person other than the individual who created the Account

2.7 In the instance of such an event, or any other event where the User is deemed to have, or attempted to have, circumvented the policies and procedures hereunder, for its own additional benefit, the Company reserves the right to ban, disqualify, suspend or permanently terminate the User’s account.

2.8 Users agree not to use the Website in any way or action that may:

  • Cause damage to, or impair the performance of, the Website, inclusive of its availability and accessibility;
  • Be illegal, fraudulent or harmful to any persons, entities, or otherwise, whether directly or indirectly; or
  • Use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

2.9 Users agree that they shall not engage in any of the following activities in connection with their use of the Website:

  • Post or attempt to post any information or material on the Website, inclusive of any online communication portals, that is obscene, defamatory, threatening or malicious in nature or any material or information that is prohibited by the applicable laws of the User’s jurisdiction;
  • Publish any copyright material, or material protected by any other intellectual property rights, unless legal right to use and post such material has been obtained and is valid at the time of posting;
  • Infringe or use the Company’s brand, logo(s) and/or trademark(s) in any business name, e-mail, URL or other context unless expressly approved in writing;
  • Attempt to circumvent any protective technological measure associated with the Website;
  • Attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers;
  • Post, upload, transmit or otherwise distribute chain letters, pyramid schemes, advertising or spam;
  • Impersonate or misrepresent your affiliation with another person or entity;
  • Harvest or otherwise collect information about others, including telephone numbers;
  • Interfere with or disrupt any of the associated computer or technical delivery systems;
  • Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
  • Fail to respect another User’s privacy, including without limitation, revealing another User’s password, phone number, address, contact details or any other personally identifiable information;
  • Use the Website, or any Content on the Website in any manner not permitted by these Terms.

2.10 The User agrees and acknowledges that the Company may store, record or document any information exchanged between Users and the Company and that we use the most up-to date applications and security systems to ensure that all data entered online, through the Website, is encrypted.

2.11 Users must ensure the accuracy and authenticity of any and all the information they supply to us through the Website. Where the User becomes aware that any information supplied is incorrect, invalid or outdated, the User must amend such information, or request the Company, in writing, to modify such information.

2.12 Users accept responsibility for the quality of any information supplied in any form, whether text, audio, video, or as images. We shall not be held responsible for any misinterpretation of information due to unclear images, videos or audio or ambiguously worded text.

2.13 The User acknowledges that the Company will process personal data including, but not limited to, names and e-mail addresses in order to provide the Goods, make improvements to the Website and prevent unauthorised use of Website.

2.14 The User agrees that the Company is not, and shall not, be responsible now, or at any time in the future, for any unauthorised access including, but not limited to any virus or other harmful code that may infect the User’s computer, tablet, smartphone or any other such device as a result of using the Website.

2.15 The User shall be responsible for obtaining, maintaining and setting up any equipment and/or hardware required to access and use the Website and the User shall take responsibility for the protection of this equipment and/or hardware by using up to date virus protection, personal firewalls and any other suitable measures the User deems necessary.

2.16 The User understands that the Company cannot be held liable in the event where the Website transmits information that has been accessed, altered and/or corrupted.

2.17 The User accepts that the Company may be required to suspend access to the Website for periodic maintenance or unforeseen downtime and may do so at its own discretion without serving a prior written notice.

2.18 All interactions between Users and the Company must be carried out in a responsible, ethical, professional and legal manner.

2.19 We may (but are not obligated to) do any or all of the following without notice:

  • Investigate your use of the Website as we deem appropriate to comply with any applicable laws, regulations, government requests or legal processes;
  • Remove any User content which we believe does not comply with these Terms;
  • Terminate your access to the Website upon our determination that you have violated these Terms; and
  • Edit the Website and any Content without notice.

2.20 As a minimum standard, the Website must be accessed by Users who have reached a minimum age of eighteen (18) years. We are committed to protecting the privacy of children. Hence, we do not encourage individuals under the age of eighteen (18) (“Minor”) to use the Website.

2.21 In the event where a Minor seeks access to the Website, assistance from a parent or legal guardian must be obtained. We do not collect personally identifiable information from individuals who are determined to be Minors.

2.22 You agree that your use of the Website will not violate any applicable laws, regulations, court orders, or government policies. We accept no responsibility for ensuring such compliance on your behalf and should any such prohibition be placed on your use of the Website, you must cease use of the Website, and any Content thereof, immediately. Use may only be resumed when such prohibition has been lifted or the appropriate approvals have been obtained.

 

3. INTELLECTUAL PROPERTY

3.1 Subject to the express provisions of these Terms:

  • We own and control the right, title and interest in all copyright and other intellectual property rights in the Website and the material used on the Website; and
  • All the copyright and other intellectual property rights in the Website and the material used on the Website are reserved by us.

3.2 For the purpose of these Terms, “Intellectual Property” shall include:

  • Patents, improvements thereof, patent applications and registrations, inventions (whether patentable or not), invention disclosures, improvements, modifications, alterations, and all patent reissues, divisions, renewals, extensions and continuations;
  • Trademarks, trade names, trade-mark applications and registrations, service marks, domain names, logos, designs, brand image, and brand name;
  • Copyrights, copyright applications and registrations;
  • Trade secrets, know-how, source code and other technical information;
  • Computer systems and applications software; and
  • Registered and unregistered design rights, including all documentation relating thereto and any modifications or improvements thereof.

3.3 All materials posted on the Website are protected by the relevant copyright laws. We authorise you to view, or download a single copy, of the material on the Website solely for your personal, non-commercial use if you include the copyright notice located at the end of the material, for example: “©2021, Salamanca LLC. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Website may be included and are incorporated into these Terms by reference.

3.4 Users shall not:

  • Distribute, duplicate, sublicense, lease, transfer, encumber;
  • Modify, alter, create derivatives, modify, alter, create derivative works of, duplicate, reverse engineer, decompile, disassemble; or
  • Otherwise misuse or reduce the functionality of the Website or any intellectual property.

3.5 Unless otherwise permitted by the Company in writing, or expressly contained in these Terms, the User is not offered any right, title, interest or license over the intellectual property of the Company, for any reason.

3.6 If you violate any of these Terms, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any part of the materials.

3.7 Users are responsible for taking all reasonable steps to ensure that no unauthorized person receives access to your passwords or accounts. You grant us and all other persons or entities involved in the operation of the Website a right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Website’s tools.

 

4. AUTHORIZATION AND ACKNOWLEDGEMENT

4.1 When a User visits or accesses the Website or communicates via e-mails, they are communicating with us electronically, and they hereby consent to receive communications from us electronically. Users agree that all agreements, notices, disclosures and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing. Users agree to provide us with, their current and active e-mail address.

4.2 We may from time-to-time share Users’ personal information with the Company’s affiliates, partners and third-parties licensed to access User personal information.

4.3 We sometimes provide aggregated usage or tracking information collected from the Website to third-parties.

 

5. LIMITATION OF LIABILITY

5.1 In no event shall the owners, directors, employees, agents, or licensors of the Company be held liable for any loss or damages of any kind including, without limitation, lost business, personal injury, inaccurate information, or any other loss incurred in connection with the use, misuse, or reliance upon the Website or the Content, or their inability to use the Website, regardless of the cause and whether arising in contract, tort (including negligence), breach of statutory duty or otherwise.

5.2 We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website shall be the at the sole discretion of the Users. The Company shall not be held liable for any Content which has been lost, stolen, destroyed, or otherwise, whether uploaded to or downloaded from, the Website with or without the consent of the Users.

5.3 We shall not be held responsible for the quality, accuracy or legitimacy of any information provided to Users through the Website. You hereby agree and acknowledge that your acceptance of information provided by the Company is of your own will and accord and we shall not be held liable for any loss or damage resulting from your reliance on any information or Content thereof.

5.4 Users accept that we have an interest in limiting the personal liability of our partners, officers, employees and representatives (“Representatives”) and, having regard to that interest, Users agree that they will not bring forward any claims, disputes, actions, suits, cases or otherwise against the Company or any of our Representatives in respect of any losses they suffer in connection with the Website or these Terms.

 

6. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, including our Representatives from and against all claims, actions or demands, liabilities, settlements lawsuits and costs of every kind, including without limitation, reasonable legal and accounting fees, pertaining to, or resulting from, any breach of these Terms committed by you, or the rights of any third-party infringed as a consequence of your conduct.

 

7. RESTRICTION OF ACCESS

7.1 We reserve the right to ban, disqualify, or otherwise restrict access to the Website of any User who has been found to have violated the Terms herein, under the sole discretion of the Company, or who is otherwise found to have violated any laws or regulations of any relevant governing authority with regards to appropriate, and legally acceptable, online conduct and behaviour.

7.2 Should your Account be banned, the period of your ban shall be determined at our sole discretion and shall depend on the seriousness of the violation of our Terms or applicable relevant laws. You may be notified of the length of your ban through e-mail communication.

 

8. TERMINATION AND MODIFICATION

8.1 You may choose to terminate your use of the Website herein at any time by sending us an e-mail at admin@plasticswapco.com regarding your decision to discontinue use of the Website, following which we will delete or suspend your account within fifteen (15) working days from the date of the e-mail.

8.2 Users agree that we may, under certain circumstances and without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) or eliminate your Account and remove any Content that has been made available to you through the Website, with or without notice, for any of the following reasons (which are not intended to be exclusive):

  • Breaches and/or violations of these Terms or other applicable agreements or guidelines entered into with the Company;
  • Requests by law enforcement or other government agencies;
  • technical or security issues or problems;
  • extended periods of inactivity; and/or
  • your engagement in fraudulent or illegal activities.

8.3 Users agree that all terminations for cause shall be made at our sole discretion, and we shall not be liable to you or any third-party for the termination of your Account or access to the Website.

 

9. DISCLAIMER

9.1 The Website and its Content are provided on an ‘as is’ basis, without warranties of any kind. Without limiting the foregoing, we expressly disclaim any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade.

9.2 We make no warranty that the Website or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

9.3 We make no warranty as to the accuracy, timeliness, completeness or reliability of any Content obtained through the Website.

9.4 No information provided through the Website, or by us in verbal or written form, will create any warranty not expressly made herein and your reliance upon the Content, or any other information, obtained or used by you through the Website is solely at your own risk.

9.5 You understand that we do not assume responsibility for screening any User of the Website nor do we provide professional advice.

 

10. SEVERABILITY

If any relevant court or competent legal authority decides that any of the provisions or paragraphs of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by applicable laws.

 

11. WAIVER

11.1 Should we fail to insist upon the strict performance of any of the Users’ obligations under these Terms, or should we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.

11.2 Waiver by us of any particular defaults will not constitute a waiver of any subsequent defaults.

 

12. THIRD PARTY RIGHTS

This contract is between the Company and the Users. No other party shall have any right to enforce any of its Terms, unless expressly stated in these Terms, or authorised in writing by the Company.

 

13. COMMUNICATION

If Users wish to contact us in writing, or if any clause in these Terms requires a notice in writing, they may send us an e-mail at admin@plasticswapco.com. We may confirm receipt of any e-mail by responding to the User in writing by e-mail.

 

14. FORCE MAJEURE

We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including (without limitation) global health pandemics, acts of God, internet failure, malfunction of data/database/software or otherwise, fire, flood, severe weather, explosion, war, act of terrorism, industrial dispute (whether or not involving the Company’s employees) or acts of local or central government or other competent authorities.

 

15. GOVERNING LAW AND JURISDICTION

15.1 These Terms shall be governed by, and construed in accordance with, the laws of Sharjah Media City Free Zone and the applicable federal laws of the United Arab Emirates.

15.2 The Parties irrevocably agree that the Sharjah Courts shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).