Terms of use
Future Communications Company
W.L.L CR no 51232-1 Portal (Referred to hereafter as FCC) is a website owned
and operated by FCC, a company organized under the laws of the Kingdom of
Bahrain, and having its principal place of business at the city of Manama.
FCC supplies Products
[defined in the “Definitions” Section] and Services [defined in the
“Definitions” Section] to the user (referred to hereafter as "You")
subject to the conditions described hereafter. These terms and conditions shall
govern each and every contractual relationship between FCC and You.
Any order submitted by you
to the Website implies that you have recognized and accepted these Terms and
Conditions which shall prevail over any other document.
You should (i) read these
Terms and Conditions carefully and (ii) agree to be bound by their provisions,
failing of which will result in your loss of any entitlement to use or access
the website.
FCC reserves the right to
amend these Terms and Conditions, as well as the Products, Services and Prices
available on the Website at any time, at its sole discretion, and without prior
notice. All new terms shall automatically be effective one week after they are
initially posted on the Website. Any rights not expressly granted herein are reserved.
The contractual terms and
conditions shall be stipulated under the laws and legal provisions of the
Kingdom of Bahrain applicable on the date of the confirmation of your Order by FCC.
1. Definitions
whenever used in the Terms
and Conditions, or in relation with their performance, the following terms
shall have the meaning defined hereafter:
Area shall mean countries
where FCC’s services provided through the Website are supplied. At the time
being, Area shall mean Kingdom of Bahrain. The Area is however subject to
extension and/or modification from time to time. In this case, FCC will provide
a specific and express amendment to this definition of “Area”.
Prices Catalog shall mean
prices of products and services provided by FCC for You. As mentioned earlier,
all prices are subject to change without prior notice and at the sole
discretion of FCC.
Order shall mean every
order you place and post on the Website.
Parties shall mean
collectively FCC (or “We”) and both the purchaser and/or the user (both
referred to as “You”)
Product shall mean the
equipment ordered by You and sold on line by FCC through the Website, and the
characteristics of which are provided by the manufacturer of the equipment
concerned.
Services shall mean the
services ordered by you and sold / provided by FCC through the website to you.
Services include but not limited to product delivery, installation,
maintenance, training, and/or support
2. ELIGIBILITY
This Website is available
only to, and may only be used by, confirmed registered members of FCC Portal.
Without prejudice to the foregoing, access to or use of our Services shall not
be granted to children (persons under the age of 18) or to temporarily or
indefinitely suspended users of the Website or any other website owned and/or
operated by FCC or a subsidiary or affiliate of FCC. If you are under the age
of 18, you can use this Website ONLY in conjunction with, and under the
supervision of your parents or guardians. If you do not qualify, you cannot use
our Website. Furthermore, your account on the Website may not be transferred or
sold to any other party. If you want to register as a business entity, you can
only register if you represent that entity and have the authority to bind the
entity to these Terms and Conditions. In this case your registration to FCC
shall imply that the entity has recognized and accepted these terms and
conditions. FCC reserves the right to refuse services, terminate accounts,
remove or edit contents, or cancel Orders at its sole discretion.
This Website is currently
dedicated to users and purchasers located in the Area. While it may be
accessible to users located in other places, FCC specifies that it does not
provide Products or Services outside the Area.
Our Website and related
services are provided from the Kingdom of Bahrain. The laws of other countries
may differ regarding the access and use of this Website. We make no
representations regarding the legality of this Website and related services in
any other country and it is your sole responsibility to ensure that your use
complies with all applicable laws outside the Kingdom of Bahrain.
3. PRIVACY
Please review our
Privacy Policy
, which also governs your visit to Our
Website.
FCC shall not sell nor rent
your personal information to third parties for their marketing purposes without
your explicit consent. Our use of your information shall be in compliance with
the Privacy Policy.
4. ELECTRONIC
COMMUNICATIONS
when you visit our Website
or post e-mails to this Website, you are communicating with us electronically.
In return, you consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this Website. You
agree, under these terms and conditions that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
5. COPYRIGHT
All content included on
this Website, such as, without being exhaustive, texts, graphics, designs,
logos, button icons, images, audio clips, digital downloads, data compilations,
trademarks and software, is the property of FCC or its content suppliers. The
compilation of all content on this Website is the exclusive property of FCC.
All software used on this Website is the property of FCC or its software
suppliers.
By accessing the Website or
using the Service, you acknowledge such rights and corresponding duties for
you.
Except as expressly
permitted in this Terms and Conditions, all or part of the content of this
Website cannot be modified, copied, reproduced, republished, uploaded,
downloaded, posted, transmitted, licensed, assigned or distributed by any
means, or in any form, wherever this Website is accessible, without the prior
written consent of FCC.
FCC is free to use any
ideas, concepts, know-how, or techniques contained in any communication you
send to FCC without any compensation and for any purpose whatsoever, including
but not limited to, developing, manufacturing and marketing products and
services using such information.
6. WEBSITE ACCESS
FCC does not grant you any
license to download (other than page caching) any content of this Website or
modify it, or any portion of it, except with express written consent of FCC.
Moreover, you are not
allowed to resell or make:
- any commercial use of
this Website or its contents, or,
- any collection and use of
any Product listings, descriptions, or prices, or,
- any derivative use of
this Website or its contents, or,
- any downloading or
copying of account information for the benefit of another merchant, or,
- any use of data mining,
robots, or similar data gathering and extraction tools.
This Website or any portion
of it may not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without express written consent
of FCC.
You may not frame or
utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including in particular images, text, page layout, or form) of FCC,
its affiliates, or any other of its partners and suppliers, without FCC’s prior
express written consent.
You may not use any Meta
tags or any other "hidden text" utilizing FCC and/or FCC Portal name
or trademarks without the express written consent of FCC.
Any unauthorized use may
give rise to legal proceedings before the relevant courts.
You are granted a limited,
revocable, and non-exclusive right to create a hyperlink to the home page of
this Website so long as the link does not portray FCC, its affiliates, or their
products or services in a false, misleading, derogatory, or otherwise offensive
matter. You may not use any of FCC’s logo or other proprietary graphic or
trademark as part of the link without the express written permission of FCC.
This Website may contain
hyperlinks to websites operated by parties other than FCC. Such hyperlinks are
provided for information purpose only. FCC does not control such websites and
is not responsible for their contents or Your use of them.
7. YOUR ACCOUNT:
If You use this Website, you
are responsible for maintaining the confidentiality of Your account and password
and for restricting access to Your computer, and You agree to accept
responsibility for all activities that occur under Your account or password.
8. REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, and other content;
and submit suggestions, ideas, comments, questions, or other information, so
long as the content is not illegal, obscene, threatening, defamatory, invasive
of privacy, infringing of intellectual property rights, or otherwise injurious
to third parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail
address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. FCC reserves the right but not the
obligation to remove or edit such content, but does not regularly review posted
content.
If You do post content or
submit material, and unless We indicate otherwise, You grant FCC a
non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any
media. You represent and warrant that You own or otherwise control all of the
rights to the content that You post; that the content is accurate; that use of
the content You supply does not violate this policy and will not cause injury
to any person or entity; and that You will indemnify FCC for all claims
resulting from content You supply. FCC has the right but not the obligation to
monitor and edit or remove any activity or content. FCC takes no responsibility
and assumes no liability for any content posted by You or any third party.
9. RISK OF LOSS
All Products purchased from the Website are made pursuant
to a shipment contract. This means that the risk of loss and title for such
Products pass to You upon our delivery to the carrier. In the rare cases of
losing a shipment before delivery, FCC will gladly replace your order or issue
You a complete refund. Please review the terms and conditions related to the
shipment courier before placing your order
10. PRODUCT DESCRIPTIONS
FCC
attempts to make its Website as
accurate as possible. However, FCC does not warrant that Products descriptions
or other content of this Website is accurate, complete, reliable, current, or
error-free. Any description, photographs, designs or similar illustration of a
Product shall therefore not be considered as binding to FCC, which may in no
event be declared liable for misrepresentation or inaccuracy of the information
or specifications of the Product published on the Website on the basis of the
information provided by the Product’s manufacturers. Moreover, FCC may in no
event be declared liable for any technical or physical alteration made to the
Product by its manufacturer.
If a Product offered by FCC
through the Website does not bear the quality and particulars described on the
Website, Your sole remedy is to return it without having used it. Products
returned to FCC must be complete with packaging material (shipping container
and foam inserts). You shall ship the complete Product(s), freight or postage
prepaid and insured, to FCC at : Bahrain, Manama, 26337, P.O.BOX Zinj, Building
106, Road 20, Abdrahman Jassim Kanoo Ave
Shipments improperly labeled
will be returned to you without any liability to FCC. Upon receipt, FCC will
then return it to the manufacturer of the Product and will do its best efforts
to keep you informed about the review of the Product made by the manufacturer.
You shall also be aware
that some instructions manuals related to some Products are only available by
downloading them from the Product manufacturer’s website.
11. AVAILABILITY OF
THE PRODUCT
All Products mentioned on
the Website are offered for as long as stocks last. Some products on the
website can be back-ordered. A back-order is when a customer places an order
for an item that is out of stock. FCC will attempt its efforts to specially
procure the back-ordered item for that customer. In the case of a backorder,
the delivery time is usually much higher than that for available, in stock,
products. You are to accept that periods, of which, FCC promises to deliver the
backordered product to the customer are only estimates, that such estimates
cannot always be accurate, and that they are by no means guaranteed. Under such
conditions, FCC will inform the customer of extended delays, and may choose to
refund the customer; However, due to the efforts placed in the process of
obtaining an out of stock item, FCC reserves the right not to refund the
customer immediately upon his request. If FCC believes that the duration to
procure the product is unknown, or if obtaining such a product will cost more
than what the customer had already paid for that product, then FCC may issue a
refund to the customer.
12. PRICING
Except where noted
otherwise, the Price Catalog displayed with respect to Products on our Website
represents the full retail prices listed on the Products, suggested by the
manufacturer or supplier, or estimated in accordance with standard industry
practice. For certain Products that are offered as a set, the Price Catalog may
represent "open-stock" prices which means the aggregate of the
manufacturer’s estimated or suggested retail price for each of the Products
included in the set.
With respect to Products
sold by FCC through the Website, We cannot confirm the price of Products until
You order it; however, We may NOT be entitled to charge Your credit card until
Your order has entered the shipping process.
Despite our best efforts, a
small number of the Products in our Prices Catalog. If we discover any
mispricing, We will do one of the following:
• If a Product's correct
price is lower than our stated price, We will charge the lower amount and ship
You the Product.
• If a Product's correct
price is higher than our stated price, We will, at our discretion, either
contact You for instructions before shipping or cancel Your order and notify
You of such cancellation.
The prices provided in the
Price Catalog displayed on the Website are exclusive of any tax, duties and
charges applicable. All prices are given in Saudi Riyal by default.
The tariff specified in the
confirmation order issued by FCC includes the price of the Product or the
related Services, handling charges, packaging and transportation costs. The
tariff however does not include any applicable taxes, duties and charges
existing (i) in the country of delivery and/or (ii) in the countries where the
Product(s) transit. You hereby acknowledge and agree that such taxes, duties
and charges remain to be paid directly by You to the relevant authorities.
13. PAYMENT
You shall pay the
Product(s) and/or related services ordered as follows:
- Online payment via credit
card: [Visa, MasterCard] via the SSL protocol which provide You a reliable
secure payment system. By opting for online payment, You expressly acknowledge
and certify that You are the owner of the credit card used. FCC may not be held
liable for any misuse of Your credit card by anyone.
No payment made will give
rise to any reimbursement from FCC for any reason whatsoever.
You will be responsible for
all reasonable expenses (including attorneys' fees and costs) incurred by FCC
in collecting unpaid amounts under these Terms and Conditions.
You shall be charged for all the shipping and delivery fees.
14. DELIVERY
the Product(s) ordered via
this Website is (are) delivered through a shipping courier. You will be charged
shipping fee when placing your order that will be added to the order total. You
will be able to view the shipping fees before placing the order so you have the
chance to not go through with the order. Shipping cost varies according to
destinations, size, and weight of shipment. Please review our Shipping Fees
section for more information on price of shipment. Shipping charges are subject
to change without prior notice. FCC will not be liable for any amounts
resulting from delays, lost shipments, wrong addresses …etc.
Inside the Kingdom of
Bahrain, Orders placed before 10 AM Bahrain time will be delivered within 6
days. Any further orders placed after that will be delivered within 7 days (7
business day)
the delivery date provided
in the confirmation order issued by FCC is only available for Products which
are effectively in stock in our warehouse.
Any delay in delivery shall
not entitle you to refuse the Product or cancel the Order.
Unless otherwise provided
(in particular when you have subscribed for an Installation Assistance and/or
Training Assistance), you are solely responsible for the proper installation,
integration and implementation of the Product(s) ordered.
15. ADVERTISER
REPRESENTATIONS AND WARRANTIES
you represent and warrant
that (i) all information provided by you in any Order is correct and current,
and that (ii) You shall not forge or mask your true identity.
16. Refund/Cancellation/Exchange Policy
Products once purchased are not applicable for refund/cancellation or exchange. In case of any defect in the purchased product, the customer should refer to warranty section.
17. WARRANTY
The warranty of the Product
is strictly limited to the conditions of warranty specified by the equipment
manufacturer. Such warranty shall not apply to damages due to your negligence
or fault.
The duration of the
warranty shall not, and under no circumstances be extended.
You shall bear all the
costs, whatever they are, resulting from the implementation of this warranty by
the equipment manufacturer.
Please review our Refunds
and aftersales section for more information on refunds and repairs.
18. INSTALLATION,
MAINTENANCE AND TRAINING ASSISTANCE
unless otherwise provided
and agreed between the Parties, no installation, training or maintenance
relating to the Product delivered is supplied by FCC.
FCC may however provide you
with a Training Assistance relating to the Product ordered. Terms and
conditions of such Training Assistance shall be specified in a separate
agreement to be concluded between the Parties.
FCC may also agree to
provide you with Installation Assistance and/or Maintenance Assistance services
pursuant to separate and specific agreements to be concluded between the
Parties.
Installation and/or
Maintenance and/or Training Assistance services shall be performed by FCC, or
any of its appointed agent or sub-contractor.
19. DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
FCC, makes no
representations or warranties of any kind, express or implied, as to the
operation of this website or about the suitability of the information,
products, and services contained on this website for any purpose. All such
information, products, and services are provided "as is" and "as
available" without warranty of any kind.
In no event shall FCC be
liable for any direct, indirect, punitive, incidental, special, or
consequential damages of any kind, or any damages whatsoever (including without
limitation those resulting from the use of this web website, reliance on the
materials provided, or more generally for any information, products, and
services obtained through this website, or otherwise) arising out of the use of
this web website, or resulting from the performance of the order, or the
malfunctioning or misuse of the product.
The same shall apply where
any alteration or defects of the product are attributable to its manufacturer.
To the full extent
permissible by applicable law, FCC disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose.
FCC does not warrant that
this website, its servers, or e-mail sent from the website are free of viruses
or other harmful components. FCC will not be liable for any damages of any kind
arising from the use of this website, including, but not limited to direct,
indirect, incidental, punitive, and consequential damages.
In any case, FCC liability
shall be limited to the amount of the value of the product purchased from FCC
having occurred the damage.
20. FORCE MAJEURE
FCC shall not be held
liable for the nonperformance, or any failure in the execution of one of its
obligations hereto, resulting from a case of Force Majeure, an accidental case
or circumstances beyond FCC’s control, such as, but not limited to: fires,
explosions, riots, wars, floods, epidemics, shortage of raw materials or transport
facilities, insufficient supply of electricity and power, any delay exceeding
the usual transport time, accident during handling operations, strikes,
lock-outs, piracy, blockades, restrictions, demands or prohibitions or other
hindrances on requirements imposed by any official authority in the departure
country or in the country where the Products are delivered or legal actions
taken in spite of the correct performance of work.
Should any Force Majeure
event, any accidental case or circumstances beyond FCC’s control occur, FCC
shall advise you as soon as possible upon the event.
21. LEGAL
COMPLIANCE
You shall comply with all
applicable domestic and international laws, statutes, ordinances and
regulations regarding your use of our service.
You undertake to use the
Product according to the terms and conditions defined in the documentation, if
any, attached with the Product.
22. DISPUTES
Any dispute relating in any
way to or in connection with Your visit to the Website or to products You purchase
through the Website that cannot be settled amicably within 60 days after formal
notice of the dispute shall be finally settled by arbitration by [three]
arbitrators in the kingdom of Bahrain, except that, to the extent You have in
any manner violated or threatened to violate FCC's intellectual property
rights, FCC may seek injunctive or other appropriate relief in any court having
jurisdiction.
The requesting party shall
designate one arbitrator within 30 days of the date of the submission of the
Request for arbitration. The respondent shall then designate one arbitrator
within 30 days. The two appointed arbitrators shall designate the third
arbitrator who will act as the Chairman of the arbitral tribunal.
The Arbitration under this
agreement shall be conducted under the rules then prevailing in the Kingdom of
Bahrain.
The place of arbitration
shall be Manama
The language of the
arbitration proceeding shall be Arabic.
The arbitral award shall be
final and binding and the parties hereby waive their rights to any form of
appeal or recourse, insofar as such waiver can validly be made.
The arbitral award may be
entered as a judgment in any court of competent jurisdiction.
23. NO AGENCY
You and the Website are
independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement.
24. WEBSITE
POLICIES, MODIFICATION, AND SEVERABILITY
please review our other
policies. These policies also govern your visit to the Website. We reserve the
right to make changes to our Website, policies, and these Terms and Conditions
at any time and You agree to accept and be bound by those terms, conditions,
and notices that are in effect at the time of Your use of the Website If any of
these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect
the validity and enforceability of any remaining condition.
25. OUR ADDRESS
FCC Portal,
https://www.fcc.bh
Email: [email protected]
Bahrain, Manama, Zinj
Building 96, Road 20, Block 331
26. VALIDITY
The recognition of the
nullity of a clause shall not affect the validity of the rest of these Terms
and Conditions or of any other clause.
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