Terms & Conditions

Welcome to PoolStore.ae, an eCommerce platform owned and operated by MAK Pools LLC – P.O.Box 2969, Dubai, UAE. By using this platform (henceforth referred to as ‘platform’) and the services indicated, you agree to these Guidelines as well as Terms and Conditions (henceforth referred to as ‘Terms of use’). 

 

We may change the Terms of use from time to time to ensure that everyone is protected and that PoolStore.ae offers a safe User environment for everyone.

 

1.  Buying Products:

 

To make purchases with PoolStore.ae, you need to be over 18 years old and have a valid credit card.  You are responsible for all activity on the platform, including your data input and security. If you find that someone may have used your information without your permission or have any security concerns, contact us on sales@makpools.com.

 

You will be able to browse the PoolStore.ae platform without a username or an account. We however do encourage you to sign up for special offers and the best offers we have at the time.

 

2.  No-Nos:

 

We have a team in place to make sure that the rules are followed, and that PoolStore.ae remains a safe place for all Users and Visitors.  Please refrain from doing any of the following on the platform:

 

Do Not break any laws.

Stay within the confines of the UAE Law, the Terms set out by PoolStore.ae and any legal duty or contracts that you have to anyone or any entity.

 

Do Not use other people’s information or inaccurate information.

Do not use inaccurate information; a friend, relative’s, or any other person’s information.

 

Do Not use a credit card that is not in your name.

Please only use a credit card that is issued in your name. Using a credit card from someone else is financial fraud. You can only use someone else’s credit card with their express permission.

 

Do Not spam or harm other users’ devices.

Do not try to distribute viruses, malware, codes, or programs; nor any unauthorized advertising, promotional material, spam e-mails, or running mailing lists via the platform.

 

Do Not try to post other people’s pictures or Intellectual Property.

The laws of the UAE do not allow you to use a person’s picture without their express permission, so please do not do it. Also, please do not infringe on any intellectual property, copyright or trademarks.

 

Do Not try to Victimize Anyone.

Do not bully, threaten, abuse, harass or defame anyone. Also, please refrain from being obscene, vulgar or intentionally hurtful.

 

 Do Not Interfere with the website.

Do not try and interfere with the site or its infrastructure. Do not try and bypass any of the security measures that are in place to protect everyone. Do not try to damage the site, or replicate it by reverse coding.

 

3.  How PoolStore.ae works:

 

The world at large can view the platform to see what we do, and what products we have available to you, the user.

 

When you are interested in one or more products, you begin by adding items to your cart with the respective quantities. Once you are satisfied with your order, you will proceed to enter your delivery details and complete the transaction with our trusted and secured payment gateway or choosing to pay by cash on delivery.

 

The PoolStore.ae team will then review your order and information within 24 hours (during business working days) to ensure that everything meets our terms and conditions as well at the Laws of the UAE. If there are any issues with the details provided, we will contact you to rectify the issue by phone or email.

 

Once the order is processed, you will receive a confirmation email with the reference code and details of your request.

 

If you wish to make any changes to your order, send an email to sales@makpools.com with your reference code and alterations. If the order is still in the processing stage, we will certainly do whatever possible to assist in making the change.

 

If you are purchasing a partnership with other people, please note that the products will only be released to the person who made the order and whose credit card has been used for making the payment.

 

Once the order is ready, you will receive a confirmation email. The products will then be scheduled for delivery to the address provided.

 

If the user is not a resident in the UAE, the product can be shipped internationally, and costs will be borne by the user.

 

The pictures of the products are for illustration purposes only, and the actual item may differ.

 

4.  What PoolStore.ae is Not Responsible For:

 

By using the platform, you release PoolStore.ae from any legal liabilities, disputes or responsibility.  PoolStore.ae provides a space to purchase products, and the Users are solely responsible for any damage or loss to any party.

 

5.  Other Websites:

 

If you follow a link from PoolStore.ae to another website, what happens at the third-party website is between you and them, not us.

 

6.  Our Intellectual Property:

 

The content on PoolStore.ae belongs to us.  You do not have the right to use PoolStore.ae for any purpose without our written consent. You cannot use anything on the site for commercial or private reasons without our written permission.

 

7.  Warranty Disclaimer:

 

Warranties are applicable only on items specifically mentioned in their descriptions. Claims against damage and/or missing items must be submitted in writing to sales@makpools.com within 3 days after the date of delivery which will be subject to approval. Any inspections, repairs, and service will be carried out at our office/workshop – not on-site, collection or delivery service chargess will apply.


8.  Identification:

 

By using this website, you indemnify us of all claims without limitation.

 

9.  Limitation of Liability:

 

If something bad happens as a result of using PoolStore.ae, then we are not and cannot be held liable.

 

10.  Disputes and the Law

 

All disputes have to be handled in Dubai where PoolStore.ae/MAK Pools LLC is registered, and the applicable laws will be those of the United Arab Emirates.

 

This has been a basic version of our Terms - for the full, detailed version, please continue reading. By using this platform, you are agreeing to all the Terms provided on the platform.

 

 

 

TERMS OF USE

 

1.  Introduction

 

PoolStore.ae is owned by MAK Pools LLC (hereinafter referred to as “PoolStore.ae” or “Platform”), and all references to PoolStore.ae include its agents, employees, officers, spokespersons and other affiliates.

 

PoolStore.ae is a platform that allows Users to purchase items online. You may become a User by visiting the Platform with or without making a purchase. It is understood and agreed that PoolStore.ae may, in its sole discretion, modify or otherwise amend these Terms of Use by updating the modified terms on the PoolStore.ae platform, and without any prior notice to you.  By your use of the PoolStore.ae platform, you accept the Terms of Use and our Privacy Policy, as modified at the time of such use.  If you do not agree to these Terms of Use, as modified from time to time, then do not use or access PoolStore.ae.

 

2.  Compliance with Law and Terms of Use

 

By using the PoolStore.ae platform for any reason, you warrant and agree:

 

1.  To comply with all National, Federal and Local laws applicable to you.

 

2.  To comply with these Terms of Use.

 

3.  You are truthful in all information you provide in and through PoolStore.ae; you are not impersonating anyone and you are being truthful as to any affiliation with any person or entity.

 

PoolStore.ae is not responsible for any error or omission in the information that any User or Contributor provides.

 

  3. Prohibited Activities

 

You may not use PoolStore.ae for activities that violate any law. Without limiting the stated general prohibition, you may not use PoolStore.ae for any activity related to:

 

(a) narcotics, steroids, controlled substances or other products that present a risk to consumer safety;

 

(b) drug paraphernalia;

 

(c) items that encourage, promote, facilitate or instruct others to engage in illegal activity;

 

(d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime;

 

(e) items that are considered obscene;

 

(f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;

 

(g) sexually oriented materials or services;

 

(h) ammunition, firearms, or certain firearm parts or accessories;

 

(i) weapons or knives regulated under any applicable laws;

 

(j) cause risk of injury to any person or damage to any tangible or intangible property;

 

(k) self-promotion beyond actions authorized by PoolStore.ae;

 

(l) harassment, bullying or so-called cyber-bullying;

 

(j) charity, the UAE laws on raising money for charity are quite strict and must be complied with.

 

 4. Prohibited Transactions

 

You may not use PoolStore.ae in connection with any businesses, business activities or business practices or commercial transactions or soliciting.

 

5.  Reporting Violations of the Terms of Use

 

You agree to report violations of these Terms of Use to us, by e-mailing us at sales@makpools.com. It is understood and agreed that if any unauthorized User has access to your account, you will immediately notify PoolStore.ae. You are responsible for all use of your account, whether or not you authorize such use.

 

6.  Age Requirement

 

You agree that you will not use PoolStore.ae if you are less than 18 years of age, and you must use a credit card in your name. If you are using someone else’s credit card, you must have explicit permission.

 

7.  Data and Prohibited Uses

 

You agree to allow PoolStore.ae to accumulate and use anonymous aggregated data for PoolStore.ae’s internal research and/or to allow PoolStore.ae to improve or otherwise modify its platform.

 

You agree not to use any automated system, including without limitation, e.g., “robots,” “spiders,” that access PoolStore.ae in a manner that sends more messages to the PoolStore.ae servers than a human can reasonably produce in the same period by using a conventional on-line web browser.

 

You agree not to collect or harvest any personally identifiable information, including account names, from PoolStore.ae nor to use the communication systems provided by the Platform for any purposes.

 

You agree that you will not attempt to take any action which might place an unreasonable burden on PoolStore.ae’s servers and you will do nothing that may interfere with a third party’s ability to use PoolStore.ae.

 

You agree you will make no attempt to decipher any of PoolStore.ae’s information and you will do nothing to interfere with PoolStore.ae’s system integrity.


8.  Fees/Taxes

 

1.  The purchases are all-inclusive of Value Added Tax (VAT) as per the UAE Law.

 

2.  It is understood and agreed that you will not hold “PoolStore.ae” liable or responsible for any tax obligations on those funds paid to 3rd-party payment solutions.

 

3.  PoolStore.ae will not be held liable for any present, or future tax obligation(s) of the User for monies disbursed or sent overseas. All tax obligations are the sole responsibility of the User.

 

4.  PoolStore.ae makes no representations regarding the deductibility of any Contribution for tax purposes.  You disclaim PoolStore.ae’s involvement in any tax matter related to your use of PoolStore.ae.

 

9.  Products

 

All products displayed on the platform are for illustration purposes only and quantities are subject to availability.

 

No guarantee or representation is made by PoolStore.ae as to the condition or value of the product as this is a matter for the supplier and any such issues must be taken up directly with the authorized dealer supplying the product.

 

PoolStore.ae makes no warranties or representations as to the products. The acceptance and delivery of the products serve as the endpoint of our services and beyond this, the User should ensure that the products meet the User’s requirements as PoolStore.ae shall not accept liability for any loss suffered or sustained to person or property including, but not limited to, all consequential loss however arising, because of any act or omission by the promoter, its agents or advisors in connection with the supply of any goods to the User and any others sharing the products purchased by the User.

 

10.  Refunds/Cancelations:

 

PoolStore.ae reserves the right to cancel any order at any given time. Users will be contacted directly by the PoolStore.ae team in this regard. Any cancelations and refund requests from the User’s end will be subject to approval by PoolStore.ae. Refunds will only be made by way of a reimbursement to the original credit/debit card that the purchase was made from.


Product returns are ONLY accepted at the main MAK Pools store, refer to point 15. Exchange/Returns for more details.

 

11.  Litigation

 

You agree to defend and otherwise not involve PoolStore.ae in any litigation or threatened litigation that occurs due to your actions concerning PoolStore.ae or your use of the platform.

 

12.  Disclaimer of Warranties

 

PoolStore.ae makes no promises, representations or warranties as to the merchantability of its platform or products; or fitness of its platform and products for any particular purpose. It is understood and agreed that you release and hold PoolStore.ae unaccountable from all liability that PoolStore.ae may otherwise have concerning or arising from this agreement or any services or products provided by PoolStore.ae, for reasons including, but not limited to, delay or failure of the PoolStore.ae platform, negligence, or any other wrongdoing or basis for civil liability or criminal liability.

 

If there is any applicable law that restricts such release of liability, it is agreed and understood that PoolStore.ae is only liable for the minimum amount of damages that the law restricts PoolStore.ae’s liability to, if such a minimum exists.

 

It is agreed and understood that PoolStore.ae is not responsible in any way for promises, representations or any other statements made by third parties on or through the PoolStore.ae, or by any other means of communication to you; nor is PoolStore.ae responsible for any breach of warranty or substantially similar claim arising from any goods or services obtained or procured through PoolStore.ae.

 

PoolStore.ae bears no responsibility for any third-party claims or representations that are made in bad faith, fraudulently or negligently, including but not limited to claims or representations concerning charitable solicitations, whether or not such charitable solicitations are made in connection with a tax-exempt entity.

 

PoolStore.ae assumes no responsibility for failures or errors committed by or through any third-party payment processors or gateways. PoolStore.ae shall not be responsible for, or otherwise liable for, any failure of the goods or services of PoolStore.ae or any third party, including but not limited to any internet outages, failures or disruptions in the platform, untimely delivery, whether or not scheduled, whether or not intentional, and whether temporary or permanent.

 

Your use of constitutes your agreement with and your promise to comply with PoolStore.ae’s Terms of Use including, but not limited to these waivers of liability. PoolStore.ae’s provision of any services to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the specific provisions of these Terms of Use shall be construed to limit the generality of any of the provisions of these Terms of Use.

 

The following applies only to the extent that these Terms of Use are controlled by the laws of a Jurisdiction that prohibit the limitations on liability set forth above to any extent: Notwithstanding any provision of these Terms, if these Terms of Use are subject to a jurisdiction that has provisions specific to waiver or liability that conflict with the above, then PoolStore.ae’s liability is limited so that its liability is the smallest and most limited possible by law.

 

PoolStore.ae makes no representations that the platform or products are appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with local laws, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Platform are solely directed to individuals, companies, or other entities located in the United Arab Emirates.

 

13.  ­­Indemnification

 

It is understood and agreed that PoolStore.ae is not liable for any loss or damage due to your or any third party’s failure to comply with the terms of this agreement. You agree to defend, indemnify and hold harmless PoolStore.ae, its employees and agents, officers, spokespersons, and other affiliates, from and against all claims and expenses, including attorneys’ fees, costs, and disbursements, arising out of your use of the PoolStore.ae platform, or any other of your actions concerning PoolStore.ae, including but not limited to, out of your violation of any representation or warranty contained in these Terms and Conditions. If PoolStore.ae is subject to any claim as anticipated by this paragraph, you agree that PoolStore.ae may enter into a commercially reasonable settlement with the party/parties making the claim and that you still shall be liable for the damages.


14.  PoolStore.ae Users

 

PoolStore.ae reserves the right to reject and remove Users or any of the User-provided content therein, at our discretion. All such content is your responsibility. You are 100% responsible for any damage caused by the unauthorized use on the Platform.  You agree you will not:

 

a) Use sexually explicit content, obscenities, copyrighted/trademarked/otherwise protected material, or abusive/hateful language in any area of the site;

 b) Use PoolStore.ae for any illegal purposes;

 c) Provide information that is not complete and accurate;

 d) Attempt to bypass or otherwise circumvent the designated method of payment as provided by PoolStore.ae;

 e) Use another User’s personal information without permission;

 f) Attempt to bypass or otherwise circumvent any restriction PoolStore.ae has placed on your use of PoolStore.ae.

 

15.  Exchange/Returns

 

Users should only procure items through PoolStore.ae portals that they are familiar with, and able to collect/receive them.

 

If a product purchased is deemed to be faulty, the User must inform PoolStore.ae within 3 working days. Upon review, PoolStore.ae, in turn, will deem if the product is eligible to be replaced or exchanged with the same product or with one of equivalent value.


Returns are accepted ONLY at the main store MAK Pools located at Al Quoz Industrial Area 4, Dubai for items that are UNUSED and UNOPENED.

 

16.  Offensive Material, Harm to Your Computer

 

PoolStore.ae disclaims any obligation to review any material posted on PoolStore.ae, though it may do so from time to time. Users and Contributors are responsible for protecting themselves from offensive or harmful content, and for protecting their computer, phone or tablet hardware and software.  You agree that you will not hold PoolStore.ae responsible for any damages caused by your exposure to such material.

 

17.  Choice of Law and Forum for Disputes

 

These Terms and Conditions, and our provision of services to you shall be governed by the laws of the United Arab Emirates. This paragraph is limited by and subject to the arbitration provisions set forth below.

 

18.  Communications

 

You agree that PoolStore.ae may communicate electronically with you, by sending communications to your e-mail address or via push notifications, and that PoolStore.ae is not liable for any information or content generated via malicious software or hackers or third parties that are not directly from the management of PoolStore.ae.

 

19.  Severability

 

If a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision of the Terms and Conditions, or otherwise unenforceable, the Terms and Conditions will be otherwise valid and enforceable as though they had been agreed to without the unenforceable provision.

 

20.  License Grant

 

By providing any user information or content on the Platform, you expressly grant, represent, and warrant that you have a right to grant to PoolStore.ae a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Information Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Platform.

 

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Platform. PoolStore.ae reserves all rights not expressly granted herein in the Platform and the PoolStore.ae Content. PoolStore.ae may terminate this license at any time for any reason or no reason.

 

21.  Proprietary Rights

 

Except for your User Content, the Platform and all materials therein including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “PoolStore.ae Content”), and all Intellectual Property Rights related thereto, are the exclusive property of PoolStore.ae and its licensors.

 

Except as explicitly provided, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Platform. Use of the PoolStore.ae Content or materials on the Platform for any purpose not expressly permitted by this Agreement is strictly prohibited.

 

22.  Assignment and Waiver

 

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by PoolStore.ae without restriction. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PoolStore.ae’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

23.  Arbitration of Disputes

 

Either PoolStore.ae or the User may demand that any dispute between PoolStore.ae and the User must be settled by arbitration utilizing the dispute resolution procedures under UAE Law, provided that the foregoing shall not prevent PoolStore.ae from seeking injunctive relief in a court of competent jurisdiction.

 

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to PoolStore.ae should be addressed to MAK Pools LLC, PO Box 2969 Dubai UAE. The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand").

 

If PoolStore.ae and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or PoolStore.ae may commence an arbitration proceeding.  During the arbitration, the amount of any settlement offer made by PoolStore.ae or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or PoolStore.ae is entitled.

 

The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's claim for the value of that purchase.

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