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Terms & Conditions

Acceptance of Terms

The services that Telepathy provides to you are subject to the following Terms and Conditions. Telepathy reserves the right to update the Terms and Conditions at any time without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking on the "Terms and Conditions" located at the bottom of our Web pages.

The following Terms and Conditions sets up the “Membership Agreement” between you and Telepathy ; under which Telepathy offers you to access our  Services through the website www.Telepathy.qa and Mobile Application “Telepathy”.

By accessing and using the “Telepathy” Website and Mobile Application Services indicates that you accept the terms and conditions mentioned below.

If you do not accept all of the terms and conditions, please do not use the Service. By following the registration process, you are indicating your consent to be bound by this agreement and Telepathy’s privacy policy.

 

Terms and conditations

 

1. Applicability

These Terms and Conditions (the “Terms”) govern the contractual relationship between Telepathy.qa and you.

They govern our offering of products and services, your ordering, the delivery, the provided warranties and all services that are related thereto. Information about us and our contact address can be found here.

By registering on our website, and by placing an order from your virtual shopping basket, you will be asked to confirm in the checkbox that you accept these terms and conditions, and thus you will be deemed to have accepted these terms and conditions if you place your order.

If you do not agree with any of these terms and conditions, you must not order from us.

[You declare that there are no purchase terms and conditions from your side applicable.]

The use of our website is furthermore governed by our Website Use Terms that are available here.

Furthermore, our Privacy Policy will apply which can be found here.

The headings of these terms and conditions are for your convenience only and do not limit or otherwise affect these terms.

These Terms and Conditions are only applicable to consumers, being physical persons who order goods or services only for non-professional purposes

2. Offering

The products or services, and their displayed price, are not considered as binding offers from our side. Your order is an offer to buy from us, and only our confirmation of the order by e-mail will constitute a binding contract.

All the products that are advertised or included in our catalogue are available while our stock or the stock of our suppliers lasts. Not all the displayed products are in stock. We cannot guarantee that each product is immediately available for purchase. Only our confirmation notice based upon your order will indicate the availability and the timing for delivery. If for any reason beyond our reasonable control, we are unable to supply a certain product, we will not be held liable and we will ensure that you will not be charged for that product.

In case of unavailable product, we may offer a substitute product. You will be informed in advance in that case, and the product will only be supplied if you agree.

We try to display the images of our products as accurately as possible, however we cannot guarantee that certain images would give an unclear or distorted image of the shape or colour of the products.

The depictions and descriptions of our products and services are only valid for a limited period of time. If you decide later to purchase a product or service, you should re-examine the description.

In case we have erroneously displayed the incorrect price of a product, we will not have an obligation to deliver it to you at the indicated price, provided that we notify this in our order confirmation or at the latest before the dispatch of the product. Our order confirmation will not be regarded as binding if the price was clearly erroneous. You will then have an opportunity to buy the product at the correctly proposed price. If you would refuse to buy the product at the corrected price, we will all payments that you have done at the time of your order.

The availability of the subscription services may depend on a variety of factors including delays or cancellations of certain events or games, the application of national or foreign laws or regulations, court orders, decisions made by content providing channels, technical problems or delays, rescheduling or cancelling of programs. If your access to the subscription services is materially interrupted or suspended, or otherwise temporarily unavailable, we may at our discretion provide you with certain credits, however we will not have an obligation to do so. If a long-term unavailability affects your use of the services, we will in good faith negotiate in order to find an acceptable and reasonable solution.

3. Ordering

You must register before being able to order products or services2 .

The ordering process follows different steps through the pages of the virtual shopping basket. At every step, you will be able to return to the former step of the process in order to correct any errors or to modify your requirements.

Before your final order at checkout, we will present you an overview of the product or service purchased by you, and the complete purchase price, including taxes and costs of delivery.

Your order and our confirmation will be stored in our database and these files will serve as a proof of the transaction.

Your order is an offer to purchase a product or service from us.

We will send you an order confirmation by e-mail, including the goods or services purchased, the all-inclusive price and as the case may be any restrictions or reserves. Only our confirmation will constitute a binding purchase contract3 .

You are responsible for the submission of correct information in your order, such as your billing information, the delivery address, and other useful information in relation to the delivery.

We reserve the right to refuse the sale of products or services to any person or any geographic region for any reason at any time. This can be decided on a case by case basis. Furthermore,we reserve the right to limit the volume of products or services that we offer for one purchaser, one household or for one order, and such decision may be based on orders by the same account, the same credit card or the same billing or shipping address. We reserve the right to prohibit or limit sales to dealers or resellers.

We reserve the right to discontinue any product or service at any time.

You have a right to modify or cancel your order before it is shipped by us. We will acknowledge whether or not the good(s) have been shipped. After shipment, you will be able to us your right to withdraw during 14 days as from date of purchase.

In case you have paid for a product that we are unable to supply or that we decline to supply because of any of the above mentioned reasons, we will fully refund the prepaid price immediately as stated in our refund clause (see further below). You are able to download our terms and conditions in pdf format. The different versions over time are stored here and can be downloaded with an indication of their validity period. You agree that the digital logs that we keep with digital files evidencing your and our transactions and messages, will constitute proof of your and our transactions.

4. Customer Requirements

Notwithstanding any other requirements stated in our terms and conditions, you must fulfil the general requirements of this clause.

You must be over eighteen years of age in order to be able to register and to purchase products or services. If we discover that you are not eighteen years of age, we have the right to cancel any order made by you and to delete your record as a registered person.

You warrant that the details provided by you at the time of your registration or any other time, are correct and complete.

You may not purchase and/or use our products for any illegal purpose or in any illegal manner.

Each subscription account is an account for a single user, and you will not allow any third person to access or use the subscription services by way of your account. As a subscriber, you may access and use the services via up to three (3) registered devices. Simultaneous access to an account on more than one device is however prohibited.

The use of the subscription services is restricted to private, personal and residential use only. You shall not use the services for any commercial purpose, and shall not distribute the services, nor display the services to any group of people outside of a private residence or household, especially not in hotels, bars, restaurants, clubs, theatres or other public areas. Any infringement on these restrictions may be regarded as an infringement on intellectual property rights of us or of our licensors.

5. Password and Security

When you register at the Name.qa website, you will create an identification code for login and a password. We urge you to use a password that is sufficiently original and that is not obviously linked to your person so that it can be guessed by third persons.

Every action and transaction, including any order, that is done using this login and password will be deemed to have been done by you, and you will be held responsible for such action.

Thus, it is essential that you keep the login identification and password confidential and that you will not disclose it to anyone, nor share it with other persons. If you allow certain other persons, such as family members, to access our website through your internet connection using your login identification and password, you must ensure that such persons are aware of the terms and conditions, and that they comply with these terms and conditions.

If you believe that your password is no longer confidential nor secure, you must notify us immediately by contacting our customer services (see further ...), and we will enable you to change the password or to take other steps.

If we have reason to believe that there is likely a breach of security, or misuse of our website, or that your password is being misused in any way, we may require you to change your password, and we may suspend your account if the password has not been changed. We will not be liable for any losses arising out of any unauthorized access to, or use of our services or purchases through your account.

6. Price

The indicated price of a product that is displayed on our website or catalogue does not include the delivery charges nor the taxes that are eventually due, which will depend on the place of delivery and the delivery method that you choose. The final price, including the applicable charges and taxes, will be indicated and added during the checkout of the virtual shopping basket, immediately before the order.

The prices of our products or services are subject to change without notice. We do not guarantee that indicated prices will remain applicable during a certain period of time.

If the indicated price must be regarded as an error, we may act as stated in clause 2.

All our prices are stated in Qatari Riyal (QAR).

Any promotions and discounts will be valid only during the indicated period and in accordance with the Law.

You are solely responsible for any and all charges for Internet access, data usage, mobile charges and/or any other charges incurred for the access to, and use of, our service.

7. Payment Methods

Payment will be done in the currency Qatari Riyals (QAR).

We accept the following payment methods, subject to changes from time to time:

- credit card (Visa, American Express, Mastercard)

- debit card

- PayPal

- prepayment via online transfer

- cash payment on delivery (COD).

The chosen payment method will be indicated by the consumer during the ordering process at the checkout of the virtual shopping basket.

Payment information, such as credit/debit card details, will be sent encrypted using the SSL technology.

If you purchase a subscription that is subject to automatic renewal you irrevocably and unconditionally authorise us to continue the collection of each renewal payment by means of the selected payment method until you change the payment method or until you cancel the renewal of the subscription in accordance with these terms and conditions.

If any payment is not done in full, we reserve the right to suspend access to the services until the outstanding payment is received by us.

If you choose a payment option that involves a third party payment service provider, such as a credit card issuer or other service provider whose services are available through our website, the terms and conditions or schemes of that payment service provider will apply to your payments and to your purchase, insofar this is indicated by the payment service provider. We do not offer more rights, remedies or warranties than those provided by the payment service provider and you are advised to read their terms and conditions carefully. We are not liable for actions or negligence of payment service providers.

8. Recurring Subscriptions

The term of your subscription commences on the date and time of the purchase, which is the date of the activation of the service, and the subscription services will terminate upon expiry of the validity period of the subscription if you cancel the renewal of the subscription by e-mail or registered mail, with a notice of at least one month before the expiry date. However, your subscription will automatically renew for an identical validity period, and will continue to be renewed automatically thereafter, unless cancelled by you with a notice of at least one month before the renewal date.

9. Warranties

We warrant that the products purchased from our website will be free from defects in material and functioning, are undamaged, and are free from any other non-conformity to the description and the specifications of the products for a period of [six months] from the date of shipping, under the conditions set out in this clause.

You must inspect the delivered products at the time of delivery or as soon as possible thereafter, and you must notify us about any apparent defects or non-conformity within 3 days after the delivery of the products, by e-mail or registered mail to our customer services as indicated in our identification page.

Defects or non-conformities that are not apparent at the time of a reasonable inspection and that become apparent during the warranty period must be notified to us within 5 days after the discovery of the defect or the non-conformity.

Our warranty does not cover:

- Visible defects or non-conformities which were not notified by you at the time of delivery or within 3 days thereafter;

- Defects caused by an incorrect use or manipulation of the product, contrary to the requirements of the use manual, incorrect maintenance or insufficient care, as stated in the instructions or as is generally required for similar products;

- Defects that are caused by designs, requirements or specifications submitted by you at the time of the order.

When any valid claim based on any defect or non-conformity in the products is correctly notified to us, we shall be entitled to repair or replace the products (or the defective part thereof) free of charge, or, we may decide, at our sole discretion, to refund to you the price of the goods, but we shall have no further liability to you. We will try our best efforts to return a repaired or replaced product to you within (15) days as from the day of your claim.

In case you are entitled to benefit from any warranty as given by the manufacturer, importer or distributor of the product or a part of it, given to us or to you directly, you will only have a direct claim against the manufacturer or his importer, distributor or other representative for Qatar if you are entitled to such a direct claim; in case you have a claim against us, our liability will be limited in accordance with the manufacturer’s or importer’s or distributor’s warranty, exclusions and conditions.

We do not warrant that sold products or services are fit for a particular purpose of the consumer.

Except as explicitly provided in this clause or any other clause of these terms and conditions, all warranties, conditions or remedies provided by the applicable Law are excluded, to the fullest extent that is permitted by Law.

10. Delivery

We will ship and deliver the purchased products to the delivery address that you have specified when you completed the order.

As of now we only take delivery inside Qatar.

The lead times for the delivery are indicated here. These times are approximate only. In case delivery does not take place within the indicated timeframe, you must contact our consumer service and we will try to find out.

We will be liable, and you are entitled to terminate the contract and obtain a full refund, if delivery does not take place within 30 calendar days after your order, unless we have agreed on a longer lead time.

For larger objects, please check the measurements of the product and the packaging if indicated, and check whether it will fit in an elevator, door, path or any other space. You will be responsible for such verifications.

(in case of delivery to a physical address :) We are entitled to hand over the package to any person available at the destination address who signs the delivery note and who declares, by signing, being authorised to take the delivery. We will not be liable if such person has not been authorized by you to accept the delivery.

If no person is present or willing to receipt the delivery, we will ask you to contact us and collecting it from us.

The goods are at your risk once they are in your possession or in the possession of someone nominated by you.

11. Inspection at Delivery

You are advised to inspect immediately the products at the time of delivery, and if that is not possible, at least as soon as is practicable. If you would discover a defect or non-conformity for which you believe that we are accountable, you must notify us within 3 days, failing which you will be deemed to have accepted the sold goods.

12. Right to Withdraw

After the shipment of the product and/or after the delivery of the product, you are entitled to cancel the purchase without a particular reason during fourteen (14) days, upon notification to us by e-mail or by registered mail.

You will return the product to us within 5 days after your notification that you want to withdraw, in its original package, and you will have to pay the return cost plus, if applicable, any taxes that will be due in case of import.

We do not accept the return of goods that are damaged or incomplete, with missing or damaged pieces, consumables, accessories or documentation.

If the conditions for withdrawal and return of the goods are fulfilled, we will refund the purchase price in accordance with our refund policy as stated further below.

The right to withdraw can only be applied to the entire order, including any free gifts that were part of the order, and cannot be applied to limited products of the order, unless we agree explicitly. This is especially true for products that could be purchased with certain advantages when they were purchased together.

The right to withdraw is not applicable to:

- goods that are made according to your specifications or that are personalized according to your wishes;

- books, magazines, computer games, music, software, tapes, CDs or DVDs or any other carrier with digital content, if the sealed package of such goods has been opened;

- downloaded or mailed electronic files with digital content;

- perishable goods which can deteriorate or expire rapidly;

- the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

- the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.

- the provision of accommodation, transport of goods, car rental services, catering or services related to leisure activities if the contract provides for a specific date or period of performance;

- the provision of a service where the service has already been performed or started.

13. Refund Policy

If you are entitled to a refund, we will refund you according to the following principles:

- (a) in case of returned products, after a correct use of the right to withdraw (clause 12): we will refund the purchase price within ... days after the receipt of intact and complete products, minus any specific delivery costs if you required special delivery and minus import taxes if we must pay these.

- (b) in case of defective or otherwise non conform products that cannot be repaired nor replaced within the warranty period: under similar conditions as in (a); in case of use during a certain period of time: possibly minus a use compensation;

- (c ) in case of products that are damaged or lost during transportation to your destination address: full refund;

- (d) in case of a termination of a service contract due to changes imposed by us: refund of a pre-paid price in proportion to the period of non-use (pro rata)

Any refund for products or services that have been purchased under promotions, will result in a refund of the promotional price only.

14. Intellectual Property

You are not permitted to reproduce, duplicate, copy, capture, sell, resell, or commercially exploit any portion of our goods or services, without our prior written permission.

You are not permitted to remove any copyright notice or trademark.

Purchased software may include End User License Agreement or other types of licenses that contain conditions and limitations of use; you must verify such terms when you install and use the software. 

You shall not, and shall not enable others, directly or indirectly, to:

- Download, reproduce, capture, distribute, modify, display, perform, publish, create derivative works from, offer for sale or in general use otherwise than as provided in these terms and conditions any content that is obtained through the subscription services;

- Circumvent, remove, alter, deactivate any of the content protections in the subscription services; use any robot, spider, scraper or other automated means to access, extract or keep the content of the services; decompile, reverse engineer, or disassemble any software or other digital products accessible via he services, nor manipulate any services or the content thereof.

We reserve the right to forthwith terminate, suspend or restrict access to the subscription services if you infringe on these provisions and engage in any of the mentioned acts or in illegal or fraudulent use of the services.

15. Liability for Products or Services

We will never be liable for any damage caused by our products or services other than personal damage to your health or your personal belongings, as well as that of your household; we will never be liable for any moral or commercial damage, nor for loss of opportunities.

In case of liability for products causing damage, we will not be liable if you can file a claim against the manufacturer or importer of the product directly, If we would be held liable notwithstanding our disclaimer we will only be liable up to the maximum liability assumed by the manufacturer or importer, and all disclaimers and exclusions expressed by the manufacturer or importer will apply to us as if these were formulated by us.

In case our product contains a defect that creates a danger or risk to the health or safety of consumers, we will respect the legal framework for product recalls7 , and we will inform the market about the risks as the Law requires. If you would have purchased such product, we ask you to follow the instructions for the return or repair of such product.

We will not be liable for damage caused by an incorrect use or maintenance of a product, by an infringement on the conditions for purchase or any instructions, warnings, age restrictions, or modifications to a product that were not approved by us.

All content transmitted or made available through our services is the sole responsibility of the person from which the content originates. We do not control any third party content that is contained in the services and we do not assume any liability for the program scheduling, delivery, performance, accuracy, reliability, integrity, legality, or ethical acceptability of any third party content.

We are entitled, but not obligated, to block or to remove any content which may be in our sole opinion defamatory, offensive, indecent, illegal or infringing on intellectual property rights, or otherwise harmful.

16. Exceptional Circumstances 

We will not be liable if we cannot execute our obligation, or if the execution would be so burdensome or expensive that we would risk a major loss, due to an exceptional event that we could not reasonably anticipate. In such circumstance we will assess whether we can perform a delayed obligation, when the circumstances would allow us to perform in a reasonable manner.

17. Changes to Our Services

We reserve the right to revise, alter or change the subscription services from time to time including pricing models, payment options, our offerings, channels … Any changes to our services will apply no earlier than thirty (30) days after e-mail notification to you. If you do not agree with the proposed change, you are entitled to cancel your subscription by e-mail to our customer service or by registered mail within fifteen (15) days after our e-mail notification. You will then be entitled to a refund of any prepaid price pro rata the time period that you cannot use the services.

18. Changes to the Terms and Conditions

We are entitled to update and modify these terms and conditions from time to time. The fact that the terms and conditions have been updated will be notified to you by e-mail or via an announcement on our website.

The new terms and conditions apply to any purchases after the date of application thereof.

You are encouraged to review the terms and conditions before every subsequent purchase and by indicating that you have read the terms and conditions before placing your order, you are deemed to have accepted these terms and conditions that are currently applicable.

You can always download a version of our terms and conditions.

In case of discussions about the applicable version of terms and conditions in a particular point in time, the applicable version that we keep in our database as valid at a particular point in time.

If you do not agree with the modification of the terms and conditions and if the modification has really a negative impact on your use of the services, you may terminate the current contract and in case of prepaid services, you will receive a refund in proportion with (pro rata) the period of time that you could not use the services.

19. Communications

You may contact us using the telephone number, e-mail address, PO Box or address presented here.

We may contact you at the telephone number, e-mail address or address indicated by you at the time of your registration.

We have the right to send you commercial communications by e-mail if you have given specific consent for such use of your data. You will be able to withdraw your consent and to opt out of such communications as is stated in our Privacy Policy.

20. Complaints

In case of complaint, we urge you to contact our customer service first at [email protected] or +974-33311381.

Customer service is available on business days during the business hours (9AM till 5PM), and in the following languages: Arabic, English, Urdo. We will review your complaint in good faith and will try to find an acceptable solution if your complaint seems justified.

 

21. Various

If any clause of these terms and conditions is deemed unenforceable or will become unenforceable due to new legislation, it will be deemed null and void, and you and us will be deemed to accept a clause that is valid and is as close as possible to the content of the unenforceable clause.

You are not entitled to transfer any rights, any obligation, or any subscription to a third party without our prior written consent.

22. Applicable Law and Ddisputes

Our contractual relationship, and the validity, interpretation and execution of these Terms and Conditions is governed by the Law of Qatar. [The Court of Qatar] will have [exclusive] jurisdiction regarding disputes based on our contractual relationship.

 

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