Terms and Conditions

Welcome to Cervany.com. Cervany and/or its affiliates ("Cervany") provide website features and other products and services to you when you visit or shop at Cervany.com, use Cervany products or services, use Cervany applications for mobile, or use software provided by Cervany in connection with any of the foregoing (collectively, "Cervany Services"). Cervany provides the Cervany Services subject to the following conditions.

By using Cervany Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Cervany Services, and sometimes additional terms may apply. When you use an Cervany Service (for example, Your Profile, Discount Codes, or Cervany applications) you also will be subject to the guidelines, terms and agreements applicable to that Cervany Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy notice, which also governs your use of Cervany Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Cervany Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Cervany Services, such as our Message Center, and you can retain copies of these communications for your records. 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.

COPYRIGHT

All content included in or made available through any Cervany Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Cervany or its content suppliers and protected by Kingdom of Bahrain and international copyright laws. The compilation of all content included in or made available through any Cervany Service is the exclusive property of Cervany and protected by Kingdom of Bahrain and international copyright laws.

TRADEMARKS

 In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Cervany Service are trademarks or trade dress of Cervany in the Kingdom of Bahrain, GCC countries and other countries. Cervany's trademarks and trade dress may not be used in connection with any product or service that is not Cervany's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cervany. All other trademarks not owned by Cervany that appear in any Cervany Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cervany.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Cervany or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Cervany Services. This license does not include any resale or commercial use of any Cervany Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Cervany Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Cervany or its licensors, suppliers, publishers, rightsholders, or other content providers. No Cervany Service, nor any part of any Cervany Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cervany. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cervany without express written consent. You may not use any meta tags or any other "hidden text" utilizing Cervany's name or trademarks without the express written consent of Cervany. You may not misuse the Cervany Services. You may use the Cervany Services only as permitted by law. The licenses granted by Cervany terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Cervany account to use certain Cervany Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Cervany does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Cervany Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Cervany Household. Cervany reserves the right to refuse service, terminate accounts, terminate your rights to use Cervany Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Cervany reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Cervany a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Cervany and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Cervany for all claims resulting from content you supply. Cervany has the right but not the obligation to monitor and edit or remove any activity or content. Cervany takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from Cervany are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Cervany attempts to be as accurate as possible. However, Cervany does not warrant that product descriptions or other content of any Cervany Service is accurate, complete, reliable, current, or error-free. If a product offered by Cervany itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Cervany and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Cervany.

With respect to items sold by Cervany, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Cervany is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally charge your credit card before your order has entered the shipping process.

APP PERMISSIONS

When you use apps created by Cervany, such as the Cervany App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any Cervany Service if you are the subject of GCC sanctions or of sanctions consistent with GCC law imposed by the governments of the country where you are using Cervany Services. You must comply with all GCC countries respectively in regards export and re-export restrictions that may apply to goods, software (including Cervany Software), technology, and services.

OTHER BUSINESSES

Parties other than Cervany operate stores, provide services or software, or sell product lines through the Cervany Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Cervany. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Cervany does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE CERVANY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CERVANY SERVICES ARE PROVIDED BY CERVANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CERVANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CERVANY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CERVANY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CERVANY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, CERVANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CERVANY DOES NOT WARRANT THAT THE CERVANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CERVANY SERVICES, CERVANY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CERVANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, CERVANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CERVANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CERVANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Cervany Service, or to any products or services sold or distributed by Cervany or through Betofurniture.com will be resolved by binding arbitration, rather than in court.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Cervany Service, you agree that the Kingdom of Bahrain Arbitration Act, and the laws of the Kingdom of Bahrain, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Cervany.

OUR ADDRESS

Building 41B, Road 15, Block 713, Tubli 

ADDITIONAL CERVANY SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation or 3D assets we make available to you in connection with Cervany Services (the "Cervany Software").

1. Use of the Cervany Software. You may use Cervany Software solely for purposes of enabling you to use the Cervany Services as provided by Cervany, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Cervany Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Cervany Software in whole or in part. All software used in any Cervany Service is the property of Cervany or its software suppliers and is protected by the Kingdom of Bahrain and international copyright laws.
2. Use of Third Party Services. When you use the Cervany Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Cervany Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the Cervany Software at any time and without notice to you.
5. Government End Users. If you are a Government end user, we are licensing the Cervany Software to you as a "Commercial Item", and the rights we grant you to the Cervany Software are the same as the rights we grant to all others under these Conditions of Use.
6. Conflicts. In the event of any conflict between these Conditions of Use and any other Cervany or third-party terms applicable to any portion of Cervany Software, such as open-source license terms, such other terms will control as to that portion of the Cervany Software and to the extent of the conflict.