Terms of Service
his website (“Site”) is made available to you, the user or customer (“You” or “Your” being interpreted accordingly”) subject to these terms of service (“Terms”).
1.Who we are?
This Site is operated by Nammos Mykonos Ltd. a company registered in Mykonos trading as “NAMMOS MYKONOS” and Nammos Restaurant LLC., a company registered in Dubai Four Season Resort, Jumeirah Second, Dubai, United Arab Emirates trading as “NAMMOS DUBAI”(“we” “us” and “our” being interpreted accordingly).
We may amend these Terms at any time at our discretion, for example, where we add new services or features or where there is a change in applicable law. If these Terms are amended, we will publish the revised terms and conditions and you will be deemed to have accepted any amendments if you continue using our Services or Site after the amendments are displayed. If you do not accept all of these Terms then you should not use our services or Site.
3.Using our services
You may only use our services and Site in compliance with applicable laws and for legitimate purposes. In consideration of you agreeing to these Terms, we grant you a non-transferable, non-exclusive licence to download, access and use our services and Site for your own personal, non-commercial purposes and for no other purpose. We grant this licence subject to you agreeing that you shall not:
use our services or Site for any purpose that is improper, unlawful, or to post, share or transmit any material that: (i) is defamatory, offensive, obscene or otherwise objectionable; (ii) is in breach of confidence or privacy or of any third party’s rights including copyright, trade mark or other intellectual property rights; (iii) is posted, shared or transmitted for the purpose of advertising or promoting yourself or any third party; or (iv) is misleading or misrepresentative as to your identity or which in any way suggests that you are sponsored, affiliated or connected with Nammos; or (v) you do not otherwise have any rights or the permissions you need to make available or use our services or Site for any commercial purpose or in any manner which may cause damage to Nammos or bring Nammos into disrepute;
copy, distribute, communicate to the public, sell, rent, lend or otherwise use our services or Site, or seek to violate or circumvent any security measures in place to restrict your access to or use of our Services or Site;
use or interfere with our services or Site in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
introduce onto, or transmit via our services or Site any disruptive or malicious code, virus, worm, or trojan horse, or a ‘denial of service’ or ‘spam’ attack; or
remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on our services or Site, or pass off or attempt to pass off our services or Site as the product of anyone other than Nammos.
You also agree not to use any unauthorised automated computer program, software agent, bot, spider or other software or application to scan, copy, index, sort or otherwise exploit our services or Site or the data contained on them.
You also undertake that any personal data and other information you may provide to us when registering or signing up to any services on this Site is complete, accurate and up to date.
You agree to compensate us in relation to any third party legal actions or claims that are made against us and for any associated losses, damages or expenses (including any legal expenses) that we suffer as a result of you breaching your obligations or undertakings in this Section 3.
4.Links to other websites
We do not control third party websites and are not responsible for their contents or how they operate. Where this Site includes any links to third party websites, this does not imply any endorsement by us of the goods, services or materials made available on such websites. You acknowledge that (to the maximum extent legally permitted and unless we state otherwise) we shall not be liable in respect of your use of those third party websites or any purchase you make through them.
5.Content of the Site
Your use of this Site and its contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music and other audio/visual materials that you access (“Content”) is subject to these Terms. Any Content that you access on this Site is either owned by us (or third parties who licence such Content to us) and is made available only for your own personal use on the condition that you must not republish, post, transmit, edit, adapt, syndicate or distribute any Content without our prior written permission.
To the maximum extent legally permitted, you cannot link to or seek to extract data from this Site or reutilise any part of this Site or Content for any commercial purpose or use our Trade Marks in a way that suggests that you or your business has any endorsement from or affiliation to us without our prior written permission (at our sole discretion).
6. Limitations and exclusions of liability
Nothing in these Terms shall exclude or limit our liability for fraud or for death or personal injury resulting from our negligence (or the negligence of our employees or agents) or where applicable law does not permit us to restrict or exclude particular obligations or liabilities.
Subject to the above paragraph we do not accept any liability for damage to any computer or device that you use to access this Site or in relation to any loss of data when you use this Site. In addition, we cannot guarantee that any Content you access or download is free from viruses, worms or other malware, and you should check that you have suitable, up to date virus or malware protection on your computer or device.
While we will correct any errors on this Site that come to our attention as soon as we reasonably can, we do not undertake or warrant that this Site or the Content will be completely free from bugs or errors or that this Site will be available on an uninterrupted basis. You accept that access to this Site (or certain features) may be interrupted or suspended without notice in the case of IT system issues or where we need to undertake maintenance or due to other reasons beyond our reasonable control.
We do not make any representation and exclude all warranties, terms or conditions (whether express or implied by law or otherwise) in respect of the Site or its Content, including, without limitation, any decision you take on the basis of information provided through this Site, except that nothing in these Terms shall exclude or restrict your statutory rights or other rights that cannot be excluded or restricted under applicable law. Except as set out above, we will not be liable for (1) any indirect, consequential or special loss or damage; or (2) any lost revenue, profits or other economic loss (whether direct or indirect), however arising from your use of this Site.
7.Your liability to us
Subject to these Terms, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us, and each of our officers, directors, employees and agents, arising out of or in any way connected with your use of our services or Site or breach of these Terms.
8.Purchase of Products or services
If you elect to purchase any products or services which we offer to you through this Site this may be subject to new and/or additional terms and conditions which will be notified to you at the time.
Nammos may in its absolute discretion immediately terminate any agreement with you under these Terms at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account and removing any user content you have uploaded to our services or Site. Nammos may suspend your access and use in whole or in part without notice at any time, for example to prevent you from uploading any user content, without incurring any liability to you whatsoever.
10.Invalidity & Waiver
If any of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply to the maximum extent legally permitted. No waiver of any of these Terms shall be effective unless made in writing by us and a waiver (or non-enforcement) shall not be construed as a waiver of any subsequent breach.
In the event of any dispute between you and us concerning these Terms, the laws of England and Wales will apply, except to the extent that applicable law in your country of residence requires mandatory application of another law and/or jurisdiction and/or language and such requirement cannot lawfully be excluded under these Terms in which case such law and/or jurisdiction and/or language shall apply, as far as legally required.
If you wish to take court proceedings against us, you should do so within DIFC Arbitration Centre.
For the purposes of any arbitration proceedings commenced pursuant to this provision:
the number of arbitrators shall be one;
the seat of the arbitration shall be the DIFC;
the governing law of this arbitration agreement shall be England and Wales;
the place at which the arbitration takes place shall be Dubai, United Arab Emirates; and
the language to be used in the arbitral proceedings and all arbitral awards shall be English.
Each of the Parties:
will submit to the non-exclusive jurisdiction of the courts of the DIFC for the purposes of ratifying any award made pursuant to arbitration proceedings conducted in accordance with this provision;
will not challenge any arbitral award made pursuant to arbitration proceedings conducted in accordance with provision; and
will not object to or challenge any application to enforce any arbitral award made pursuant to arbitration proceedings conducted in accordance with this provision in any court and it will submit to the jurisdiction of that court for the purposes of those enforcement proceedings.