Legal Notice

The Website is operated by Cairncross Martin Pty Ltd, Australia.  A Proprietary limited company duly organised under the laws of Australia, whose registered address is 219 / 40 Yeo Street, Neutral Bay NSW 2089, Australia Cairncross Martin Website (“CCM, “We”, “Our”) is provided to you for your personal use subject to these terms and conditions and any other rules posted on the Website (including our Privacy Policy) (the “Terms and Conditions”).

By visiting the Website, you agree to be bound by, consent to comply with, and consent to the practices described in, these Terms and Conditions, which govern your access and use of the Website and all content and functionalities available on the Website (or any of our other websites and related micro-sites accessed through the URL www.cairncrossmartin.com and related domain names) (the “Services”).

If you wish to use our Services, you must read and agree to be bound by our policies relating to those Services. In particular, your attention is drawn to our policies relating to the terms of purchase and our Privacy Policy.

If you are aged under 18, you must let your parent or legal guardian know about our Privacy Policy before you register to use this Website or any of the Services and you represent and warrant that you have obtained the consent of your parent or legal guardian to purchase the products offered for sale in the Website

Intellectual Property 

Your use of the Website and its contents does not grant you any copyright, design, trademark or other intellectual property rights relating to the Content (as described in the Content section below), including our software, HTML or other code contained in the Website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Website is typically protected by national and international intellectual property laws and treaties. You are permitted to use the Content only as expressly authorised by us or the licensor of such Content. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, linking, commercially exploiting, copying and use of the above listed materials on any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Content

In addition to the Intellectual Property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Website. We have made every effort to ensure that the information on the Website accurate and complete but we cannot promise that Content is error-free. We also do not promise that the functional aspects of the Website or Content will be error free or that this Website or the servers that make them available are free of viruses or other harmful components. We always recommend that you have up to date virus checking software installed.

User Generated Content

By providing a review you agree to be solely responsible for the content of all information you contribute. You also grant us a right to use any content you provide for our own purposes including republication in any form or media. Comments may be moderated and may not be displayed immediately but we do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please contact us at aspp@cairncrossmartin.ae We reserve the right in our sole discretion not to publish or to remove any comment including those that we believe may be unlawful, defamatory, racist or libellous, incite hatred or violence, detrimental to people, institutions, religions or to people’s privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This Website is available to the public and therefore information you consider confidential should not be posted to this Website.

Registration

Certain Services and related features, such as but not limited to, newsletters, that may be made available on the Website may require registration or subscription to enable your use of them. Should you choose to register or subscribe for any such Services or related features, you agree to provide complete, accurate and current information about yourself, and to promptly update such information if there are any changes. We may change our registration or subscription requirements from time to time. As a user of the Website you are solely responsible for keeping passwords and other account identifiers safe and secure. As a user of the Website you are entirely responsible for all activities that occur under such password or account. Furthermore, you must notify us immediately of any unauthorised use of your password or account. Cairncross Martin shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this paragraph. You may be liable for our losses or others due to such unauthorised use.

Availability of the Website

You acknowledge that (i) it is technically impossible that the Website will be provided free of defaults and that Cairncross Martin cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Website, and that (iii) the operation of the Website may be adversely affected by conditions and performances outside Cairncross Martin’s control, such as, for example, transmission and telecommunication links between Cairncross Martin and you and between Cairncross Martin and other systems and networks.

While Cairncross Martin has tried to accurately display the colors and shape of products, the actual colors and/or shape you see will depend on your monitor and may not be accurate.

Cairncross Martin may at any time, temporarily or permanently modify or interrupt, all or part of the Website in order to perform maintenance work and/or make improvements and/or changes to the Website. Cairncross Martin is not liable for any modification to or suspension or interruption of the Website.

TERMS OF SALE

Eligibility

The purchase of products and/or services and payments of registration fees through the Website is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of Australia, Asia and United Arab Emirates.

In order to make purchases and/or payments on the Website, you must provide your personal details, including your real first and last name, valid mobile telephone number, valid e-mail address, payment details, valid billing address and other
requested information as indicated. You represent and warrant that the payment details you provide are valid, complete and correct and confirm that you are the person referred to in the billing information provided.

The Website is only available to persons who meet Cairncross Martin terms of eligibility, those who hold a valid credit card by a bank acceptable to Cairncross Martin, and those who have authorised us to process a charge or charges on their credit card in the amount of the total purchase price for the product(s) and/or registration fees, including any taxes or delivery fee if applicable, which they purchase. Products purchased are for personal use only and shall not be re-sold, used for commercial purposes or for any other commercial benefit.

By making an offer to purchase products(s), services and/or registration fees, you expressly authorise Cairncross Martin to perform credit checks and to transmit or obtain your credit card information or credit report information (including any updated information) to or from third parties to authenticate your identity, validate your credit card, obtain an initial credit card authorisation and/or authorise individual purchase transactions, as we deem necessary. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks and such personal information may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for information about how we use your data.

The registrations are concluded in Dubai, United Arab Emirates and the language of the contract is English.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product, service and/or registration from the Website, whether or not that product, service and/or registration has been sold, removing, screening or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Every effort is made to make sure all details on the Website are accurate, however we may from time to time discover an error. If we discover an error, we will let you know as soon as possible to rectify. We shall be under no obligation to accept or fulfil an order and/or registration if the information provided does not meet Cairncross Martin’s requirements. We reserve the right to cancel such an order/ registration that has been accepted or is in transit if it does not meet requirements. If you have already paid for the product(s)/ membership registration, we shall refund the full amount as soon as we are able.

By confirming your payment of the registration, you agree to accept and pay the full amount payable for the product(s), service and/or registration membership as set out in our program, including any VAT charges that apply.

Prices and Payment Policy

We currently accept the following tender types for orders/ fees placed on our Website: Visa, MasterCard and American Express. If you are a supplier whose credit card is not denominated in United Arab Emirates Dirhams, the final fee will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

All credit card payments are subject to validation checks and authorisation by the issuer. If the issuer of the credit card refuses to authorise payment, we will not be liable for any registration delay or non-delivery. We will cancel your registration and order and contact you for an alternative method of payment.

The details on the credit card used to make the payment must match the exact ID information of the cardholder as held by the issuer. Payment will be debited and cleared from your account upon completion of your registration. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit card to use it.

No credit cards’ details will be stored, sold, shared, rented or leased to any third parties except by our online payment gateway service provider.

Cancellation & Refund Policy

At Cairncross Martin, it is our intention to ensure our customers are satisfied with the fee paid to us and we endeavour to provide satisfactory services in return to our Suppliers.

You can view a copy of our cancellation and refund policy here.

Indemnification

You agree, at our request, to defend, indemnify, and hold harmless Cairncross Martin  and its affiliates, including their officers, directors, agents, suppliers and licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website, any breach by you of these Terms and Conditions or the use by any other person accessing the Website using your Internet account. Cairncross Martin reserves the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you hereunder, and such right and indemnification will survive these Terms and Conditions and your use of the Website.

Limitation of Liability

Nothing in these Terms and Conditions is intended to affect your rights as a consumer under the laws of Australia, Asia and the United Arab Emirates.

The use of the Website or any of the Services or products available thereon is at your own risk, and unless otherwise stated in these Terms and Conditions, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or products available thereon.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL CAIRNCROSS MARTIN OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF QVIE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL QVIE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITES AND CLAIMS IN EXCESS OF THIS LIMITATION.

Miscellaneous

We reserve the right to modify these Terms and Conditions at any time without notice to you. Any modifications of these Terms and Conditions will be effective once published on our Website. Your continued use of the Website (or any of our other websites) following such change shall signify your agreement to be bound by the modified Terms and Conditions. Please read the Terms and Conditions and check back often. If you do not agree to any change to the Terms and Conditions, then you must immediately stop using the Website.

These Terms and Conditions constitute the whole legal agreement between you and Cairncross Martin and govern your use of the Website and all Services and products available thereon and completely replace any prior agreements between you and Cairncross Martin in relation to the same.

You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you and Cairncross Martin may stop providing the same (or any features within them) to you or to users. You understand that you are solely responsible for (and that Cairncross Martin has no responsibility to you or to any third party for) any breach of your obligations under the Terms and Conditions and for the consequences (including any loss or damage which Cairncross Martin may suffer) of any such breach.

If Cairncross Martin does not exercise or enforce, or delays in its exercise or enforcement, of any legal right or remedy, this will not be taken to be a formal waiver of Cairncross Martin’s rights.

You and Cairncross Martin are independent contractors, and these Terms and Conditions, including but not limited to submission or distribution of Your Content, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and Cairncross Martin. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set out in the Terms and Conditions. Neither party shall advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liability or obligation on behalf of, or in the name of, the other party, unless specifically provided for in these Terms and Conditions.

If any of the provision of these Terms and Conditions is held to be illegal or unenforceable, the other terms of these Terms and Conditions shall not be affected and shall remain in full force and effect.

These Terms and Conditions are governed by the laws of the Australia, Asia and the Emirate of Dubai, United Arab Emirates and all disputes arising hereunder are subject to the exclusive jurisdiction of the applicable courts.