TERMS & CONDITIONS

Thank you for visiting the LBCG website.

These terms and conditions (as amended from time) (the ‘Terms and Conditions’) apply to all visitors to and users of the Website. Please read these Terms and Conditions carefully before starting to use the Website.

By accessing and using the Website you will be deemed to unconditionally and irrevocably accept these Terms and Conditions and the privacy policy which forms part of these Terms and Conditions (the ‘Privacy Policy’). If you do not agree to these Terms and Conditions, please refrain from using our Website and exit immediately.

Amendments

LBCG reserves the right to change these Terms and Conditions at any time and without notice. Changes will become effective as soon as they are posted on the Website but will not have any retrospective effect on existing contractual arrangements made through the Website except where specifically stated. Your continued use of the Website after any change means that you have accepted the changed Terms and Conditions.

LBCG therefore advises you to check these Terms and Conditions for updates each time you access the Website.

Definitions and Interpretations

In these Terms and Conditions (unless the context requires otherwise) the following words and terms shall have the following meanings:

(a) LBCG shall mean Lootah BC Gas, a limited liability company incorporated in the United Arab Emirates (the ‘UAE’) under the UAE Commercial Companies Law No. 8 of 1984 (as amended) and whose principal office is at SS Lootah Building, P.O. Box 41033, Dubai, UAE;

(b) Website shall mean the LBCG-owned Website with the URL https://ops.lootahbcgas.com which offers informational content and online transactions with LBCG in relation to the gas services specified therein and which shall include wherever the context permits, the Content and the LBCG Online Services;

(c) LBCG Online Services shall mean all gas and gas related services provided and offered by LBCG through the Website;

(d) LBCG Website Registration Process shall mean the process specified for registering customers to transact business through the Website as amended by LBCG from time to time;

(e) Customer shall mean a User who has completed the LBCG Website Registration Process;

(f) User shall mean any online visitor who visits the Website.

Use of the Website

You represent and warrant that you possess the legal right and ability to agree to these Terms and Conditions and to use this Website in accordance with the same.

You acknowledge that you will be responsible for all transactions carried out through the Website (including payments made to LBCG by whatever means and whether by you or by another person) using your login information as provided during the LBCG Website Registration Process (the “Login Information”).

You agree not to use any ‘page-scrape’, ‘robot, ‘spider’ or other automatic device, program, algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or to obtain or to attempt to obtain any materials, documents or information through any means not purposely made available through the Website.

You agree that you will not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means

Linked Sites

This Website may contain links and pointers to internet sites maintained by third parties (‘Linked Sites’). These Linked Sites are provided to you only as a convenience and are beyond the control of LBGC. The inclusion of a Linked Site does not imply endorsement by LBCG of such Linked Site. You acknowledge that your use of, or reliance on, any Linked Site will be at your own risk. LBCG recommends that you review the terms and conditions and the privacy policy of any Linked Sites that you may visit via this Website. You assume sole responsibility for your use via this Website of Linked Sites.

Disclaimer of Warranties and Limitation of Liability

General

This Website makes certain software, information and other materials (together the ‘Content’) available to you as a service. The Content is provided “as is” and has not been prepared by taking into account the particular objectives, situation or needs of any individual User.

Your access to and use of Content on or through this Website is solely at your own risk. LBCG makes no warranty whatsoever about the reliability, stability or virus free nature of the Contents.

LBCG has taken reasonable steps to ensure that the Content provided by LBCG or others on this Website is accurate. However, it does not warrant or make any representations regarding the use or the results of the use of the Content in terms of its correctness, accuracy, timeliness, reliability, or otherwise. LBCG expressly disclaims all liability and responsibility arising from any reliance placed on any aspect of the Content generally by any Customer or User of our Website or by anyone who may be informed of or act upon any of the Contents.

LBCG will use its reasonable endeavours to ensure that access to the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed and LBCG reserves the right to withdraw or amend the LBCG Online Services without notice and at any time. In addition, your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. LBCG will attempt to limit the frequency and duration of any such suspension or restriction. LBCG will nevertheless not be liable if for any reason our Website is unavailable at any time or during any period. For the avoidance of doubt, LBCG does not warrant that the functions contained in the Website will be uninterrupted or error-free; that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.

Disclaimer of Warranty

To the maximum extent permitted by any applicable law, LBCG excludes responsibility and liability in relation to the Website and disclaims all warranties (express or implied) in relation to the Contents specifically and in relation to the Website generally.

Limitation of Liability

In no event will LBCG be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive or exemplary damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:

a) your access to or use of this Website whether in accordance with these Terms and Conditions or otherwise;

b) any delay or inability to use this Website

c) any of the Content available on or through this Website; or

d) the LBCG Online Services.

Indemnity

As a condition of use of this Website, you agree to indemnify LBCG, its officers and employees against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims (including third party claims) resulting directly or indirectly from your breach of any of these Terms and Conditions and any of your activities conducted in connection with or arising out of your use of this Website which give rise to such claim.

Payment Rules

Subject to LBCG Applicable Terms and Conditions, LBCG shall be entitled to debit your credit card account for any payment due for any LBCG Online Services. Customers are required to pay LBCG all other charges as provided under the LBCG Applicable Terms and Conditions or as otherwise determined by LBCG.

All prices indicated on the Website are, to the best of LBCG’s knowledge, accurate at the time of printing. However, the Website may contain inadvertent inaccuracies or typographical errors. These will be corrected at LBCG’s discretion as they are found. In addition, all prices listed are subject to change at any time without notice. The information on the Website may be updated regularly so inaccuracies may occur during the process.

Modification of Services

LBCG reserves the right to change and/or amend the LBCG Online Services and the Content from time to time. Furthermore, LBCG reserves the right to discontinue all or part of LBCG’s Online Services and the Website generally without notice and at any time.

Change of Address

[Subject to the LBCG Applicable Terms and Conditions,] Customers may change their address online at any time. However, the loss or delay of any written correspondence dispatched prior to such change, shall be at the sole risk and responsibility of the Customer.

Customer’s Responsibilities

You acknowledge and agree that in consideration of LBCG permitting you to access the Website you shall:

a) protect the secrecy of the Password assigned to you at all times and to ensure that the same is not revealed or disclosed in any manner whatsoever to a third party;

b) be fully and solely responsible for and bear all charges, losses and damages arising from any use of your Password howsoever arising;

c) at all times use only your own Password to access the LBCG Online Services;

d) when accessing any other network or website through the Website, comply with the rules appropriate for that network or website;

e) not carry out or knowingly permit any infringemens of LBCG’s intellectual property in the Website;

f) not use your access to the Website for any illegal, improper, obscene or defamatory purpose or for any purpose which is prohibited by law, these Terms and Conditions or other regulations;

g) not publish, pose, upload, distribute or disseminate any inappropriate, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through or on the Website;

h) not upload materials, information or files that contain software or other material protected by intellectual property laws (or by rights of privacy) unless you have received necessary consents to do the same;

i) not upload materials, information or files that contain viruses, corrupted files, or any other similar software or programs to the Website;

j) not use the Website in any manner which could damage, disable, overburden or impair it or the networks connected to it or interfere with any other party’s use and enjoyment of the Website; and

k) not attempt to gain unauthorised access to any LBCG Online Services; accounts of other Customers, computer systems or networks connected to any LBCG Online Services or to the Website through hacking or any other means.

Privacy Policy

LBCG is concerned about the privacy of the Customers and Users of the Website. The privacy policy which forms part of these Terms and Conditions is available at this Website (the ‘Privacy Policy’).

Data Collection and Protection Policy

The collection, use, retention, disclosure, transfer, security and access of personal data through this Website by LBCG will be in accordance with the Privacy Policy and with applicable laws in the UAE.

Collection of Personal Data

It may be necessary for Customers to provide LBCG with personal information when registering to use the LBCG Online Services or when using the LBCG Online Services. You acknowledge that if personal information provided by you is incomplete or incorrect, LBCG may not be able to provide or continue to provide the LBCG Online Services.

You agree that your personal information as provided to LBCG may be used and retained by LBCG and that LBCG in its sole discretion may disclose and transfer such information to any third party (whether in the UAE or abroad) as it deems necessary for the operation and maintenance of this Website; for the provision of the LBCG Online Services and in relation to the general provision of gas services to its Customers.

Intellectual Property, Copyrights and Trademarks

a) The entire content of the Website (including but not limited to text, graphics, logos, button icons, images and software (the ‘Content’)) is the property of LBCG or its Content suppliers and is protected by international copyright, trademark and other intellectual property right (as applicable).

b) All rights in the Contents are reserved. You acknowledge that the Content may not be copied, reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying, or printing without the prior written permission of LBCG.

c) You confirm that your use of the material and Content is for your own personal use and acknowledge that the same may not be used for commercial purposes.

Severability

If any condition of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of the remaining conditions of these Terms and Conditions.

Governing Law and Jurisdiction

Your use of the Website and these Terms and Conditions shall be governed by and construed in accordance with the laws and regulations of the Emirate of Dubai and the federal laws of the United Arab Emirates applicable in Dubai. The UAE Courts shall have exclusive jurisdiction to settle any dispute arising out or with respect to the Website or these Terms and Conditions.