Dukkanie in the Deutschland company. Dukkanie company incorporated in the SO of Stockelsdorf, Deutschland . Dukkanie operates Retail.

This policy describes how Dukkanie collects, processes uses and discloses your personal information as a data controller, when you contact us, use our services or interact with our websites and mobile apps.

WHAT THIS POLICY COVERS

We are committed to adopting the highest standards when it comes to how we collect, use and protect your personal information, and have accordingly developed this privacy policy (the “Policy”), which:

  • sets out the types of personal information we collect;
  • explains how and why we collect and use your personal information;
  • explains when and why we may share personal information within Dukkanie and with other organisations;
  • explains how we protect the personal information we collect; and
  • explains the rights and choices you have in relation to your personal information.

This Policy applies if you use our services (referred to in this Policy as “our Services”). Using our Services means:

  • Buying / Ordering products from any of the phone, in store, or online
  • Using any of our websites or our Mobile Apps or
  • Taking part in our promotions & competitions and registering to receive our newsletters and offers

This Policy also applies if you contact us or we contact you about our Services.

PERSONAL INFORMATION WE COLLECT

When you register to our services, we may collect:

  • Your personal details, including your postal and billing addresses, email address(es), phone number(s), date of birth, gender, and passport or ID number
  • Your account login details, such as your username and the password (encrypted) that you have chosen; and
  • Your interests, preferences, income, and other profiling information.

When you shop with us online, browse our Websites, use our Mobile Apps, we may collect:

  • Information about your online purchases (for example: what, when, where you ordered / bought and how you paid);
  • Information about your online browsing behaviour on our Websites, Mobile Apps and public networks and information about when you click on one of our adverts (including those shown on other organisations’ websites);
  • Information about devices you have used to access our Services (including the make, model and operating system, IP address, browser type and mobile device identifiers); and
  • Information about your precise geolocation.

When you use any of our loyalty program(s) to shop with us, we may collect:

  • Transaction information, including the in-store and online purchases you earn points for and how you use your points, coupons, and vouchers within our subsidiaries or with other partners.

When you contact us or we contact you or you take part in promotions, competitions, surveys or questionnaires about our Services, we may collect:

  • Personal information you provide about yourself;
  • Details of emails and other digital communications we send to you including information about the emails you open and links in them that you click on; and
  • Your feedback and contributions to customer surveys and questionnaires.

Other sources of personal information

We may also use personal information from other sources, such as specialist companies that supply information, online media channels, our partners and public registers. We may collect the following types of personal information about you from other sources: contact details, credit history, purchases, interests, preferences, or other types of publicly available information. This other personal information helps us to:

  • review and improve the accuracy of the data we hold; and
  • improve and measure the effectiveness of our marketing communications, including online advertising.

We may be required by law to collect personal information about you or as a consequence of any contractual relationship we have with you.

If you choose not to provide your personal information to be used in accordance with this Policy, you will still be able to visit our Platforms but you may not be able to access certain options, products or services, and in some cases we may not be able to fulfil a service you request.

WHY AND HOW WE USE YOUR PERSONAL INFORMATION 

Make our Services available to you

We use your personal information to provide the services you have requested, including:

  • Processing your orders and refunds; and
  • Managing the accounts you hold with us.

This is so we can provide the services to you in line with our contractual obligations to you.

Personalise your experience

We may use your personal information to personalise the marketing messages we send to you and to make them more relevant and interesting, as this is in our legitimate business interests. Where necessary we will obtain your consent first. We may use your personal information for this purpose in the following ways:

  • Providing you with relevant marketing communications , relating to products and services we offer,

Contact and interact with you

We may use your personal information when we communicate with you, in order to:

  • Contact you about our Services, for example by phone, email or post or by responding to social media posts that you have directed at us;
  • Manage promotions and competitions you take part in.
  • Invite you to take part in and manage customer surveys, questionnaires and other market research activities carried out by dukkanie and by other organisations on our behalf

It is in our legitimate business interests that we are able to provide you with appropriate responses and provide you with notice about our services.

Manage and improve our day-to-day operations

We analyse information about how you use our services to:

  • Manage and improve our Websites and Mobile Apps;
  • Help to develop and improve our product range, services, stores, information technology systems, know-how and the way we communicate with you;
  • Detect and prevent fraud or other crime.

It is in our legitimate business interests to use the information provided to us for this purpose, so we can understand any issues with our services to improve it.

SHARING PERSONAL INFORMATION 

We may share your personal information with third parties under the following circumstances:

Retail Partners

We may share your personal information with other companies that sell products through our Services (“Retail Partners”). We only share personal information that enables our Retail Partners to provide their services. For example, when you shop online or in-store we will give the relevant Retail Partner your name, contact details, and address so that they can deliver your items.

Service Providers

We work with carefully selected Service Providers that carry out certain functions on our behalf. These include, for example, companies that help us with technology services, storing and combining data, processing payments and delivering orders. We only share personal information that enables our Service Providers to provide their services.

Some of the Service Providers we work with operate online media channels, and they place relevant online advertising for our products and services, as well as those of our suppliers and our Retail Partners, on those online media channels on our behalf. For example, you may see an advert for our products and services when you use a particular social media site.

 

 SHARING PERSONAL INFORMATION WITH OTHER ORGANISATIONS

We may share personal information with other organisations in the following circumstances:

  • if any applicable law or a public authority says we must share the personal information;
  • if we need to share personal information in order to establish, exercise or defend our legal rights (this includes providing personal information to others for the purposes of preventing fraud and reducing credit risk);
  • to an organisation we sell or transfer (or enter into negotiations to sell or transfer) any of our businesses or any of our rights or obligations under any agreement we may have with you to. If the transfer

RETENTION

We keep records for as long as required to a) manage purchases, bookings, memberships and provide the other relevant products or services anticipated by this Privacy Policy, including keeping you up-to-date with our marketing b) personalise the products, services and communications with you c) comply with the applicable record retention legal requirements. When deciding how long to keep your personal information after our relationship with you has ended, we take into account our legal obligations and regulators’ expectations.

If you wish to request that we no longer use your information to provide you services, contact us at Office, Dukkanie , Berliner Pl. 4, 23730 Neustadt in Holstein, Deutschland. You can also email us at info@Dukkanie.com.

However, we will retain and use your registration information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

MARKETING COMMUNICATIONS

All marketing communications we send to you will provide you with a way to withdraw your consent to future marketing. If you no longer wish to receive promotional materials you may opt-out from receiving these communications or change your account settings, this will remove you from marketing lists.

Please note that if you unsubscribe from marketing communications you will still receive operational and service messages from us regarding the services or products you bought from us and responses to enquiries made to us, and that we may hold your details on a suppression list so we don’t send you marketing communications in the future.

COOKIES AND SIMILAR TECHNOLOGIES

We use cookies and similar technologies, such as tags and pixels (“Cookies”), to personalise and improve your customer experience as you use our Websites and Mobile Apps and to provide you with relevant online advertising. Cookies are small data files that allow a website or Mobile App to collect and store a range of data on your desktop computer, laptop or mobile device.

Cookies help us to provide important features and functionality on our Websites and Mobile Apps, and we use them to improve your customer experience. For example, we use Cookies to do the following:

Improve the way our Websites and Mobile Apps work

Cookies allow us to improve the way our Websites and Mobile Apps work so that we can personalise your experience and allow you to use many of their useful features.

For example, we use Cookies so we can remember your preferences and the contents of your shopping basket when you return to our Websites and Mobile Apps.

Improve the performance of our Websites and Mobile Apps

Cookies can help us to understand how our Websites and Mobile Apps are being used, for example, by telling us if you get an error messages as you browse. These Cookies collect data that is mostly aggregated and anonymous.

Deliver relevant online advertising

We use Cookies to help us deliver online advertising that we believe is most relevant to you on our Websites and other organisations’ websites.

Cookies used for this purpose are often placed on our Websites by other organisations, and always with our permission. These Cookies may collect information about your online behaviour, such as your IP address, the website you arrived from and information about your purchase history or the content of your shopping basket. This means that you may see our adverts on our Websites and on other organisations’ websites. You may also see adverts for other organisations on our Websites.

To help us to deliver online advertising that is relevant to you, we may also combine data we collect through Cookies in the browser of your desktop computer or other devices with other data that we have collected (e.g. Loyalty program).

Measuring the effectiveness of our marketing communications, including online advertising

Cookies can tell us if you have seen a specific advert, and how long it has been since you have seen it. This information allows us to measure the effectiveness of our online advertising campaigns and control the number of times you are shown an advert.

We also use Cookies to measure the effectiveness of our marketing communications, for example by telling us if you have opened a marketing email that we have sent you.

Your choices when it comes to Cookies

You can use your browser settings to accept or reject new Cookies and to delete existing Cookies. You can also set your browser to notify you each time new Cookies are placed on your computer or other device.

If you choose to disable some or all Cookies, you may not be able to make full use of our platforms. For example, you may not be able to add items to your shopping basket, proceed to checkout, or use some of our products and services that require you to sign in.

Once you have given us your consent to the use of cookies, we shall store cookies on your computer or device. If you wish to withdraw your consent at any time, you will need to delete our cookies using your internet browser settings.

AGGREGATE DATA, DATA ANALYTICS AND SOCIAL MEDIA FUNCTIONALITY

We may aggregate personal information and remove any identifying elements in order to analyse patterns and improve our marketing and promotional efforts, to analyse Platform use, to improve our content and product offerings, and to customize our Platforms’ content, layout, products and services, and we may appoint third parties to do this on our behalf, as set out above.

We gather certain usage information like the number and frequency of visitors to our Platforms. This information may include which webpage you just came from, which webpage you next go to, what browser you are using, your device and your IP address. We only use such data in the aggregate. This collective data helps us to determine how much our customers use parts of our Platforms, and do research on our users’ demographics, interests, and behaviour to better understand and serve you.

 If you use buttons on our Platforms linked to social media or similar sites (for example “Like” and/or “Share” buttons), content from our Platforms may be sent back to that other website or service and, depending on your privacy settings, may be privately or publicly visible (for example to friends, followers, or generally to anyone who has access to your profile page).

 YOUR RIGHTS

You have the right to see or access the personal information we hold about you. To receive a copy, please write to the Analytics Office, Dukkanie , Loh Str., 96, 23617 Stockelsdorf, Deutschland. You can also email us at info@dukkanie.com. 

In addition, you have certain rights regarding your personal information, subject to local law. These include the following rights to:

  • rectify the information we hold about you;
  • erase your personal information;
  • restict our use of your personal information;
  • object to our use of your personal information;
  • withdraw any consents you have provided for our use of your personal information;
  • receive your personal information in a usable electronic format and transmit it to a third party (right to data portability); and
  • lodge a complaint with your local data protection authority.

If you would like to discuss or exercise such rights, please contact us at the details below.

If you are concerned that any of the information we hold about you is incorrect, or out of date, please write to the address above to report your concerns and we will take appropriate steps to amend our records.

Please note that we will likely require additional information from you in order to honour your requests.

PRIVACY CONCERNS

If you have any concerns about our compliance with applicable privacy laws or this Privacy Policy please write to the Corporate Compliance Office, Dukkanie , Berliner Pl. 4, 23730 Neustadt in Holstein, Deutschland. You can also email us at info@Dukkanie.com. We will endeavour to respond to your concerns as soon as possible.

NOTIFICATION OF CHANGES TO THIS PRIVACY POLICY

We update this Privacy Policy when needed and place updates on our platforms. If we are going to use your personal information in a manner different from that stated at the time of collection, we will notify you. All changes will become effective when posted unless indicated otherwise. Please review this Privacy Policy periodically for changes.

LINKS

Our Websites or Mobile Apps may contain links to other websites operated by other organisations that have their own privacy policies. Please make sure you read the terms and conditions and privacy policy carefully before providing any personal information on a website as we do not accept any responsibility or liability for websites of other organisations.

CHILDREN

Our platforms are not directed towards children. If you are providing personal information for an individual less than 18 years of age, you are providing us your affirmative parental consent as the legal parent or guardian to collect, use and process the information of the individual less than 18 years of age, consistent with this Privacy Policy.

Preamble

Welcome to dukkanie.com, this website (the “Website”) is provided by Raed Al Kherait us as a service to our customers.

Please note that your use of the Website service constitutes your unconditional agreement to follow and be bound by these terms and conditions (the “Terms and Conditions”).

We reserve the right to change the Terms and Conditions at any time. Any such changes will take effect when posted on the Website.

It is your responsibility to read the Terms and Conditions on each occasion you use this Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms and Conditions.

If you do not agree to (or cannot comply with) any of the Terms and Conditions, do not use this Website.

All the Information (as defined below) provided must be accurate. Providing any inaccurate Information constitutes a breach of these Terms and Conditions. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

If you are not a consumer, you confirm that you have authority to bind any business.

Cancellation

Please note that there may be certain orders that we may reject or cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.

For your convenience, you will not be charged until your payment method is authorized; the order information is verified for accuracy.

Some situations that may result in your order being cancelled due to limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our relevant department.

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Website Security

You are prohibited from violating the security of the Website, including, without limitation,

(a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;

(b) attempting to probe, scan or test the exposure of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing;

(d) sending unsolicited email, including promotions and/or advertising of products or services.

Violations of system or network security may result in civil or criminal liability. We will investigate such violations and prosecute users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from us on this Website.

Access to the Website may be occasionally restricted to allow for repair, maintenance or the introduction of new facilities or services.

Terms of Use

The Website can be used only by persons who can form legally binding contracts under applicable law. Persons who are incompetent to contract are not eligible to use the Website. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users/members. We reserve the right to terminate your registration and refuse to provide you with access to the Website if We discovers that you are under the age of 18 years.

The Website cannot be accessed to persons whose registration has been suspended or terminated by us for any reason whatsoever. Those who choose to access this Website from outside the Deutschland are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within the DE and will not be liable for any claims relating to any products ordered from outside its jurisdiction.

Registration Process

The information (the “Information”) provided from your end will be protected in accordance with our Privacy Policy. If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

We assume no liability to any person for any loss or damage which may arise as a result of any failure by you in protecting your password or account. Any suspicious activities on your account shall be notified to us by contacting us immediately through the address provided below. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to us.

Product’s Pricing

Errors may occur in the process of providing product and pricing information by the Website. We cannot confirm the price of a product except after ordering. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, We shall have the right, at our sole discretion, to either contact you for instructions or cancel your order and notify you of such cancellation.

In the event that the Website accepts your order, the same shall be debited to your credit card account and duly notified to you by email. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit/debit card account. No cash disbursement shall be made under any condition whatsoever.

Sometimes a price online does not match the price in a store. In our effort to maintain the fact of being the lowest price provider in the Deutschland, store pricing will sometimes differ from online prices. Prices and availability are subject to change without any prior notice. Further, description/performance of products stated against each are based on the catalogue and technical literature printed by the manufacturers/agent. Therefore, the write-up provided against each product is not that of ours and subject to change without prior notice.

Redemption of dukkanie.com coupon (Where Applicable)

In the event that a customer is allowed to redeem a dukkanie.com coupon through the Website, that coupon will be redeemed for full amount only, and no partial redemption is allowed.

Order Acceptance

We reserve the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever. Limitations on quantities available for purchase inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud are some situations that may result in the order being cancelled, additional verifications or information may be requested before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card has been charged, the said amount will be reversed back in your credit/debit card account. No cash disbursement shall be made under any condition whatsoever.

Once the order leaves our logistics center, you will be notified by sms with your shipment tracking number.

It is the responsibility of the customer to ensure that they are present at time of delivery.

Cancellations by the Customer

If cancellation notice from your side is duly received by us and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount to your credit/debit card.

Orders that are cancelled after they have been shipped are subject to a euro 10 cancellation fee to be deducted from your refund for shipping and processing. We have the full right to demonstrate whether an order has been shipped or not. The customer agrees not to dispute the decision made by us and accept our decision regarding the cancellation.

Quantity Limits and Dealer Sales

We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. The said limitations may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at its sole discretion, to prohibit sales to dealers or resellers. For purposes of these Terms and Conditions, reselling shall be defined as purchasing or intending to purchase any product(s) from dukkanie.com for the purpose of engaging in a commercial sale of that same product(s) with a third party.

Credit/Debit Card Information

We reserve the right to refuse to accept the Credit/Debit Card or, in such case the transaction is accepted, cancel the transaction, at our sole discretion, as part of our own fraud detection program.

E-Communications

When you visit the Website or send emails to the Website, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

As a customer, you agree and confirm on the following:

  1. In the event of a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information), any extra cost incurred by us for redelivery shall be claimed from you.

All orders are shipped out by courier or supplier deliveries. Delivery is normally door-to-door but there may be instances where this is not possible due to courier company limitations or local laws.

  1. You will provide correct information requested from your side. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true, we have the right, in our sole discretion to reject the registration and ban you from using the services of the Website.
  2. That you are transacting through this Website at your sole risk.
  3. That correct and proper address at which delivery of the product ordered by you shall be provided by you. If a recipient’s address is found to be incomplete or incorrect, we may attempt to find the correct address and to complete the delivery, but we assume no responsibility for our inability to complete delivery under such circumstances. If the address is incorrect, or if delivery can’t be completed, then a surcharge for extra cost will be imposed to the customer.
  4. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.

Display of Products

The colors of our products that appear on the Website will be displayed as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Delivery Costs

Shipping costs will be calculated as followed:

  Weight and size of the product.

  Shipment scheme.

  The location you are shipping to (also called the destination) all orders are shipped out by courier or supplier deliveries. Delivery is normally door-to-door but there may be instances where this is not possible due to courier company limitations or local laws.

Delivery fees for food items and non-food items will both be applicable for one order if both types of items are included in that order.

Amendment of the Terms and Conditions

We may at any time modify the Terms and Conditions of the Website without any prior notification to you. You can access the latest version of the Terms and Conditions at any given time on the Website. In the event the modified Terms and Conditions are not acceptable to you, you should discontinue using the service of the Website. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of this Website.

Copyright & Trademark

Unless otherwise noted, all contents of the Website are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Dukkanie are protected by the applicable laws.

We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us/our affiliates. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, distribute or re-post anything on this Website for any purpose.

Our names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Dukkanie. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner whatsoever.

Objectionable Material

You understand that by using this Website or any services provided on the Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, We and our affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold us harmless and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any breach by you of these Terms and Conditions and/or the applicable laws.

Termination

These Terms and Conditions is effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time, provided that you discontinue any further use of this Website. We may terminate these Terms and Conditions at any time and may do so immediately without notice, and accordingly deny your access to the Website. Such termination will be without any liability to us. Upon any termination of these Terms and Conditions by either you or us you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under these Terms and Conditions or otherwise. Our right to any feedback shall survive any termination of these Terms and Conditions. Any such termination of these Terms and Conditions shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these Terms and Conditions.

Limitation of Liability

Dukkanie, employees, directors, agents or suppliers shall not be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Website, including without limitation damages for loss of profit, accuracy of results, loss of data, work stoppage, or computer failure. Without prejudice to the generality of the section above, our total liability to you for all liabilities arising out of these Terms and Conditions is it in tort or contract is limited to the value of the product ordered by you.

We make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; and/or any interruption or errors in the operation of the Website.

Disclaimer

Though we make sure that the delivery of purchased products shall be delivered on time. No claim, penalties, refunds or part refund against us in case of delays in delivery or error in delivery. Although We aim to offer you the best service possible, If a fault occurs in our services you should report it immediately to the Customer Services by phone at +491624676465 and we will attempt to correct the fault within reasonable time.

The product details, information, ingredients, nutritional guides and dietary/allergy advice may change from time to time.

Therefore, we highly recommend that you read the label on the products you purchase and not rely on information provided on the website.

Dukkanie does not represent or warrant that the information contained in this website is accurate, complete and up-to-date. We are not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this website.

Entire Agreement

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and us with respect to the Website sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website sites/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.