TERMS AND CONDITIONS OF USE AND PRIVACY POLICY
Welcome to bq.ae. This site is owned and operated by GSFITCH FZ-LLC, and its subsidiaries affiliates, assigns, successors, officers and agents, of PO Box 74351, Dubai, United Arab Emirates(hereinafter referred to as “GSFITCH”, “we”, “us” or “our”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of bq.ae following the posting of changes to these terms will mean you accept those changes.
Any references made to Fitch or gsFITCH in the site refers to GSFITCH as defined above.
© 2005 - 2009 Fitch, a WPP company. All rights reserved. GSFITCH is a subsidiary of Fitch, a WPP company.
GSFITCH PRIVACY POLICY
The policies below are applicable to the bq.ae web site owned and operated by GSFITCH. GSFITCH collects personal identifying information only during registration in which guests provide their names and email addresses and participate in interactive online activities (i.e. image uploading, community postings). GSFITCH may use such information for contacting guests with updates. Any images uploaded are not retained by GSFITCH. In the event GSFITCH plans to post any such information on a site, guests are provided prior notification of such posting.
ABOUT IP ADDRESSES
GSFITCH collects IP addresses for the purposes of system administration and to report aggregate information to our advertisers. An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. Web servers -- the central hosting computer that “serves up” Web pages—automatically identify your computer by its IP address. When guests request pages from bq.ae site, our servers log the guests' IP addresses. We do not link IP addresses to anything personally identifiable. This means that a user's session will be logged, but the user remains anonymous to us.
HOW THIS SITE DOES NOT USE COOKIES
This site never uses cookies to retrieve information from your computer.
Links to Other Sites
Users should be aware that when you are on this site you could be directed to other sites that are beyond our control. There are links to other sites from this site that take you outside our service. These other sites may send their own cookies to users, collect data or solicit personal information. Always be aware of where you end up.
Please keep in mind that whenever you give out personal information online - for example, via message boards or chat - that information can be collected and used by people you don't know. While GSFITCH strives to protect its user's personal information and privacy, we cannot guarantee the security of any information you disclose online and you do so at your own risk.
YOUR ACCEPTANCE OF THESE TERMS
By using this site, you signify your assent to the GSFITCH Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the bq.ae site following the posting of changes to these terms will mean you accept those changes
RESTRICTIONS ON USE OF MATERIALS
No material from bq.ae or any Web site owned, operated, licensed, or controlled by GSFITCH may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of GSFITCH’s (or its licensors’) copyright and other proprietary rights.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, bulletin board, or email function offered as part of bq.ae. You shall not upload to, distribute through, or otherwise publish through bq.ae any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other bq.ae guests to join or become members of any commercial online service or other organization is expressly prohibited.
It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a guest's email unless required in the course of normal maintenance of bq.ae and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on GSFITCH; (2) protect and defend the rights or property of GSFITCH; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.
By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
Send to a Friend, Share on Facebook & Tweet This (collectively referred to as “Tell A Friend”
The site provides an online facility that enables you to upload your photo and virtually “try on” the product. The picture can then be distributed to your friends in three channels:
(1) “Send to a friend” uses email functionality ;
(2)”Share on Facebook” uploads the picture to be viewed by all your friends on Facebook;
(3) “Tweet this” uploads the picture to be viewed by all your followers on Twitter.
GSFITCH does not store any photographs uploaded to the site or when the user opts to distribute their photographs to Tell a Friend. Any content posted via Tell A Friend are posted at the users own risk. GSFITCH will not accept any responsibility for misuse of information sent via Tell A Friend.
These channels for Tell A Friend are for your own personal use and are not to be used for any commercial purpose, including but not limited to advertising, promotion, soliciting or enticing users or members to a third party website including but not limited to advertising, promotion, soliciting or enticing users or members to a third party website.
You acknowledge and agree as a condition of sending Tell A Friend not to:
(a) SPAM (send mass unsolicited e-mail messages);
(b) use Tell A Friend for marketing or promotion of a commercial event or function; or
(c) use Tell A Friend to promote or market goods or services.
To the extent permitted by law, we disclaim all responsibility for and liability in respect of the improper use of Tell A Friend. To the maximum extent permitted by law, we will not be liable for any loss or damage suffered by the user through the improper use of Tell A Friend or the improper use of Tell A Friend by other users.
Use of the Facebook and Twitter Tell A Friend channels is subject to the relevant terms and conditions governing use of those channels.
TRADEMARKS
Trademarks on this site are our property or the property of our related bodies corporate, third party suppliers or licensors unless otherwise indicated. This includes all registered and unregistered trademarks or trademarks which are the subject of pending applications. You must not use our trademarks except:
(a) for printing out a copy of the website;
(b) as part of a reference to a bq.ae or GSFITCH product or service;
(c) with our consent in writing
JURISDICTIONAL ISSUES
These Terms and Conditions will be governed by and construed in accordance with United Arab Emirate Laws as applied in the Emirate of Dubai. The user irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Dubai with English as the prevailing language.
TERMINATION
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from the bq.ae site and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. These terms will terminate immediately without notice from GSFITCH if in GSFITCH 's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other copies thereof, whether made under the terms of these terms or otherwise.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GSFITCH DISCLAIMS ALLWARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GSFITCH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GSFITCH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU AS THE USER OF THIS SITE (AND NOT GSFITCH FZ-LLC ITS SUBSIDIARIES,AFFILIATES, ASSIGNS, SUCCESSORS, OFFICERS AND AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Further, GSFITCH explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from bq.ae from third parties not associated with GSFITCH. GSFITCH encourages discretion when browsing the Internet using our or anyone else's service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, GSFITCH cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
GSFITCH cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from bq.ae since other Shop Channels are owned and operated by independent retailers. GSFITCH does not endorse any of the merchandise, nor has taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites.
GSFITCH does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.