Welcome to tiremalliraq.com website (hereinafter referred to as the “Website”). This Website is provided solely to assist customers in making legitimate reservations or otherwise transacting business and for no other purposes. The terms “we”, “us”, “our” and “tiremalliraq.com” refer to “Aldyar Alkhadraa” Tire & Battery Trading LLC.
The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, hereinafter referred to as the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. To the extent you book any travel products or services on this Website through our call center agents, you agree that this Agreement shall apply to all such transactions. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website or make bookings through our call center agents. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that:
i. you are at least 18 years of age,
ii. you possess the legal authority and capacity to create a binding legal obligation,
iii. you will use this Website in accordance with this Agreement, where you must not violate any law and regulation,
iv. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
v. you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto
vi. all information supplied by you on this Website is true, accurate, current and complete, and
vii. if you have a tiremalliraq.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
You hereby represent and warrant that you satisfy all of the foregoing conditions. If you do not satisfy all of the foregoing conditions, you are not authorized to use the Website.
Restriction on use of Website and Content
- All intellectual property rights , information, data, text, software, music, photographs, pictures, designs, graphics, logos, files, products, services, images, videos, messages, sounds, files, and other materials contained and/or displayed on the Website, the layout and design of the Website, and the selection and arrangement of material on the Website are owned or licensed by Tire Mall Iraq. (hereinafter referred to as the “Content”)
- The Content and information on this Website (including, but not limited to, price and availability of tires), as well as the infrastructure used to provide such Content and information, is proprietary to us While you may make limited copies of your booking itinerary (and related documents) through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
i. use this Website or its Contents for any commercial purpose;
ii. Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
iii. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
iv. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
v. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
vi. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
vii. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.
In addition to the foregoing restrictions, you further agree that in connection with your use of the Website, you will not in any manner:
-
- use any devices or mechanisms, including but not limited to software, routines, malicious or unauthorized code, engines, tools, agents, robots, spiders, crawlers, data mining tools, viruses, worms, Trojan horses, malware, programs, time bombs, mail bombs, cancelbots, spam or other harmful components (hereinafter collectively “Devices”) or engage in any conduct to (i) interrupt, disrupt, alter, destroy, impair, restrict, tamper or interfere with, or otherwise hamper the proper operation of, access to or provision of services to the Website, or (ii) monitor, scrape, download or copy the Website or the Content, or any aspect thereof;
- provide or send us any information or data that includes any Devices;
- engage in any conduct that creates or is intended to create liability for Tire mall Iraq.
- decipher, decompile, disassemble or reverse engineer any of the software used in connection with the Website; violate the restrictions in any robot exclusion headers on the Website or otherwise bypass, breach or circumvent any security or authentication measures and/or other measures employed to prevent or limit access to the Website; send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or otherwise use or send altered, deceptive or false source-identifying information; impersonate or misrepresent your affiliation with any person or entity; collect or store from the Website any personally identifiable information regarding other users of the Website without their express permission; intercept or expropriate any system, data or information from the Website ;
- engage in any conduct that: (i) infringes, misappropriates or violates any other party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (vi) promotes illegal or harmful activities or substances; (vii) otherwise violates, or encourages any conduct that would violate, any applicable law, statute, ordinance, rule or regulation or that would give rise to civil liability; or
- Encourage or enable any other individual to do any of the foregoing.
- Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the reservations facilities of this Website shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the reservation facilities of this Website may result in Tiremalliraq.com cancelling any bookings associated with your name, email address, or account, and closing any associated Tire Mall Iraq accounts. If you have conducted any fraudulent activity, tiremalliraq.com reserves the right to take any necessary legal action and you may be liable for monetary losses to Tiremalliraq.com, including litigation costs and damages. To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.
- You agree to abide by the terms or conditions of purchase including, but not limited to, payment of all amounts when due and compliance with Tire Mall Iraq rules and restrictions regarding availability and use of rates, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion.
- You understand that any violation of Tire Mall Iraq conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to Tire Mall Iraq, in your forfeiting any monies paid for such reservation(s) or purchase, and in Tiremalliraq.com debiting your account for any costs Tiremalliraq.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Website.
PRIVACY POLICY
Tiremalliraq.com believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of Tiremalliraq.com, to understand our practices: Tiremalliraq.com privacy policy.
Our Website may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of our Website (“Passwords”). You are entirely responsible for maintaining the confidentiality of your Passwords and for all activities that occur under your account. We reserve the right to immediately terminate your account in our sole discretion and without prior notice to you, including, for example, if you violate any part of this Agreement.
With respect to all communications you make available, provide or send to Tire Mall Iraq, including but not limited to information, feedback, questions, comments, proposals, content, suggestions, submissions, corporate reviews, photographs, images, designs, music, videos, ideas, concepts, know-how, content, techniques and/or any other materials (hereinafter referred to as “Communications”), and all Communications you post, display or upload on the Website, you grant (or warrant that the owner of such materials expressly granted) Tire Mall Iraq a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license in our sole discretion to: (i) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform and/or otherwise use or disclose to or share with others such Communications or incorporate such Communications into any form, forum, medium, or technology for any purpose whatsever throughout the world in any media, now known or hereafter devised, including, without limitation, the development, production and marketing of products and services that incorporate such Communications; (ii) use the name that you submit in connection with such Communications; and/or provide attribution of your Communications (for example, by listing your name and hometown on the review that you submit) at our sole discretion; and (iii) pursue at law any person or entity that violates your or our rights in the Communications by a breach of these Terms. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Communications.
We take no responsibility and are not liable for any Communications posted on the Website or submitted by you. We have no obligation to post your Communications and reserve the right in our sole discretion to determine whether to publish and/or keep Communications on the website. We shall have the right (but not the obligation) to monitor and review Communications transmitted or received through the Website and to censor, edit, remove or prohibit the transmission or receipt of Communications (in whole or in part) that we deem inappropriate or in violation of this Agreement. During monitoring, your Communications may be examined, recorded or copied by us, and your use of the website constitutes your consent to such monitoring, recording and review. The above is limited only by our commitment and obligations pertaining to your personal information set forth in the Privacy Policy. If you do not agree to these terms, please do not use the website. Subject to the foregoing, nothing in this Agreement shall be deemed to restrict any rights that you may have to use, modify and/or otherwise exploit your Communications.
Please do not send us any confidential messages, and please use Internet e-mail only to send us non-confidential messages. Do not include confidential personal or private information. Please do not use Internet e-mail to send us transaction instructions (including, for example, instructions that include credit card, wire transfer, routing, banking or other confidential information). Customers who choose to send Internet e-mail messages to Tire Mall Iraq that contain confidential, private or personal information do so entirely at their own risk.
Subject to the foregoing, nothing in this Agreement shall be deemed to restrict any rights that you may have to use, modify and/or otherwise exploit your Communications.
Please do not send us any confidential messages, and please use Internet e-mail only to send us non-confidential messages. Do not include confidential personal or private information.
RESERVATIONS
You shall make only legitimate reservations in good faith for use only by you and/or your invited guests and/or others on whose behalf you are authorized to act, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent reservations, or any reservations in anticipation of demand. We reserve the right to cancel or modify reservations in our sole discretion for any reasons, including where it appears that a customer has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error, even if such mistake or error is ours. To contest the cancellation of a booking or freezing or closure of an account, please contact our Customer Support.
PRICES
the price of the tires will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted. Tiremalliraq.com. expressly reserves the right to correct any pricing errors on our website and/or on pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.
INDEMNIFICATION
You agree to defend and indemnify and hold us and each of our respective owners, parents, partners, subsidiaries, affiliates, franchisees, officers, directors, agents, contractors, subcontractors, attorneys, visitors, licensees, invitees, permitees and employees (collectively, the “Indemnified Parties”) harmless from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, obligations, controversies, debts, expenses, judgments, orders and liabilities, including without limitation, claims for wrongful death of or injury to any person, loss of or damage to any property, infringement or violation of any intellectual property or personal rights (including without limitation, copyright, patent, trade secret, trademark, service mark, domain name, artist, droit moral, privacy or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of,(but not limited to):
a. your breach of this Agreement or the documents referenced herein;
b. your violation of any law or the rights of a third party; or
c. your use of this Website.
DISCLAIMER AND LIMITATION OF LIABILITY AND WAIVER
Your use of the Website is at your own risk. The Website is provided “as is” and on an “as available” basis without representations or warranties of any kind, either express, implied or statutory. To the maximum extent permissible pursuant to applicable law, on behalf of the Indemnified Parties, we expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability or compatibility, or arising from course of dealing or course of performance. We expressly exclude, and you hereby waive any liability on the part of the Indemnified Parties for any special, indirect, direct, incidental, consequential or punitive damages or any other damages whatsoever, including but not limited to loss of profits, data, income, revenue, business, contracts, savings or anticipated savings, goodwill or cost of cover, or wasted management, business, personal or office time, arising out of or relating to the Website or the Content, and whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft, destruction or any other reason.
In particular, and without limitation, we make no oral, written or any other representations, warranties or endorsements regarding the Content or the Website (including but not limited to the Use and/or operation of the Website), and disclaim any and all liability regarding, the Content and the Website (including but not limited to the Use and/or operation of the Website).
If you are dissatisfied with the Website or any aspect thereof, or members or suppliers associated herewith, as the case may be, your sole and exclusive remedy shall be to discontinue use of the Website.
OUR LIABILITY AND/OR RESPONSIBILITY FOR PRODUCTS AND/OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE IS LIMITED TO DAMAGES ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. YOUR REMEDY IS LIMITED TO REPLACEMENT OF SUCH PRODUCTS OR SERVICES. WITH RESPECT TO PRODUCTS OR SERVICES ON THE WEBSITE FOR WHICH WE ARE NOT THE ACTUAL PROVIDERS OF SUCH PRODUCTS AND SERVICES, WE DISCLAIM ANY AND ALL LIABILITY RELATING TO THEM. SHOULD YOU HAVE ANY ISSUES WITH SUCH PRODUCTS AND SERVICES, YOU AGREE THAT YOUR SOLE RECOURSE IS WITH THE MERCHANT OR SERVICE PROVIDER WHO PROVIDED SUCH PRODUCTS AND SERVICES AND NOT WITH US.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
- ELECTRONIC COMMUNICATIONS PRIVACY
We make no guaranty of confidentiality or privacy of any Communications or information transmitted on the Website or any website linked to the Website. We will not be liable for the privacy of Communications and/or any other information, e-mail addresses, registration and identification information, disk space, confidential or trade-secret information, or any other content transmitted over networks accessed by the Website, or otherwise connected with your use of the Website.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than Tiremalliraq.com. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents, accuracy or the privacy or other practices of such websites. We make no warranties regarding and we are not liable or responsible for them, for links displayed on such websites or for any third party materials, products, or services that you purchased, rent, lease or otherwise acquire from such Third Party Sites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. You acknowledge sole responsibility for and assume all risk arising from your use of any Third Party Sites.
RIGHT TO MAKE CHANGES
Tire Mall Iraq reserves the right to make changes, corrections, cancellations and/or improvements to the website and Content, and the products, services and programs described therein at any time without notice, including after confirmation of a transaction.
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
