Please read this agreement carefully. It governs your use of the mcd.com.pk web
site and the services and goods provided through the web site (collectively the
"Web Site"). It exempts MCD, a division of MCD., and other persons from
liability or limits their liability and contains other important provisions that
you should read. Each time you use the web site you acknowledge and signify that
you have read, understood, and agreed to be bound by this agreement. If you do not
agree with each provision of this agreement each time you use the web site, you may
not use the web site. Each time you use the web site, the text of this agreement as
it then reads will govern your use. Accordingly, when you use the Web Site you
should check the date of this agreement and review any changes since the last
This Agreement contains the following provisions
Your Acceptance of this Agreement
Changes to this Agreement
Permitted Users and Access
Misprints and Errors
Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
Termination of this Agreement and the Web Site
Ownership and Permitted Use of the Web Site
Personal Information Privacy
Linking and Framing the Web Site
Postings and Unsolicited Submissions
Governing Law and Dispute Resolution
YOUR ACCEPTANCE OF THIS AGREEMENT
This is an agreement between you and MCD (" mcd.com.pk "), and governs your
use of the mcd.com.pk web site and its content and the services and goods provided
through the Web site (collectively the "Web Site"). Each time you use the Web Site
you signify your acceptance and agreement, and the acceptance and agreement of any
person you purport to represent (and for purposes of this Agreement, "person"
includes any type of incorporated or unincorporated entity), without limitation or
qualification, to be bound by this Agreement, and you represent and warrant that
you have the legal authority to agree to and accept this Agreement on behalf of
yourself and any person you purport to represent. If you do not agree with each
provision of this Agreement, or you are not authorized to agree to and accept this
Agreement, or you do not have the legal authority to agree to and accept this
Agreement, you may not use the Web Site.
CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner.
mcd.com.pk may, in its sole discretion, change, supplement or amend this Agreement
as it relates to your future use of the Web Site from time to time, for any reason,
and without any notice or liability to you or any other person, by posting a
revised Agreement on the Web Site.
PERMITTED USERS AND ACCESS
The Web Site may not be used by persons in jurisdictions where access to or use
of the Web Site or any part of it may be illegal or prohibited. It is solely your
responsibility to determine whether your use of the Web Site is lawful, and you
must comply with all applicable laws.
MISPRINTS AND ERRORS
mcd.com.pk endeavors to provide current and accurate information on the Web
Site. Nevertheless, misprints or other errors may occur. Accordingly, tawakul-sports.com
reserves the right to change the information regarding the goods and services
available through the Web Site at any time and from time to time without any notice
or liability to you or any other person. Also, mcd.com.pk cannot guarantee that
goods or services advertised on the Web Site will be available when ordered or
thereafter. mcd.com.pk also reserves the right at any time to reject, correct,
cancel or terminate any order.
DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
mcd.com.pk strives to make your use of the Web Site a useful and enjoyable
experience. Nevertheless, mcd.com.pk and its service providers (the "Providers")
do not accept any liability for your use of the Web Site. For that reason, the
following provisions apply to your use of the Web Site:
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND
WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE
HEREBY DISCLAIMED BY MCD AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY
YOU (AND NOT MCD OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT
ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE.
THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND
tawakul-sports.com'S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR
UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED.
mcd.com.pk IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, mcd.com.pk AND ITS
PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED
EQUIPMENT AND SOFTWARE;
THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR
WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE,
COMPLETE, SEQUENTIAL, OR TIMELY;
CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY
INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR
DISRUPTIVE COMPONENTS; OR
THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING
INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON;
AND mcd.com.pk AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING
SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
mcd.com.pk AND ITS PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO
YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR
PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL,
INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR PUNITIVE DAMAGES, WHETHER IN CONTRACT,
TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR
RELATING TO THE USE OF THE WEB SITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF
ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY mcd.com.pk OR ANY PROVIDER OR ANY
PERSON FOR WHOM mcd.com.pk OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING
THAT mcd.com.pk OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
IN NO EVENT WILL tawakul-sports.com'S OR ANY OF ITS PROVIDERS' TOTAL LIABILITY TO
YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS,
DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF
LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY
mcd.com.pk OR ANY PERSON FOR WHOM mcd.com.pk IS RESPONSIBLE, EXCEED $15 (CDN) OR
THE AMOUNT YOU PAID TO mcd.com.pk FOR THE USE OF THE WEB SITE, WHICHEVER IS LESS.
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF mcd.com.pk AND
ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND
ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF
RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER
AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST,
WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF mcd.com.pk AND
ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND
ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE "INDEMNIFIED
PARTIES") FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING
WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED
PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR
CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL
ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN
THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY mcd.com.pk OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION
OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY
EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT
RELY UPON ANY SUCH ADVICE OR INFORMATION.
The exclusion of certain warranties and the limitation of certain
liabilities is prohibited by legislation in some jurisdictions. Such legislative
limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and
indemnity provisions in this Agreement survive indefinitely after the termination
of this Agreement.
TERMINATION OF THIS AGREEMENT AND THE WEB SITE
If you breach any provision of this Agreement, you may no longer use the Web
mcd.com.pk may, in its sole discretion, change, suspend or terminate,
temporarily or permanently, the Web Site or any part of it or any of its features
at any time, for any reason, without any notice or liability to you or any other
mcd.com.pk may at any time and for any reason, with or without cause, and in
its sole discretion, immediately suspend or terminate (in whole or in part) your
permission to use the Web Site and your user password, all without any notice or
liability to you or any other person.
If this Agreement or your permission to use the Web Site is terminated by you
or mcd.com.pk for any reason, this Agreement will nevertheless continue to apply
and be binding upon you in respect of your prior use of the Web Site and your
purchases of goods and services through the Web Site and anything connected with,
relating to or arising from those matters.
OWNERSHIP AND PERMITTED USE OF THE WEB SITE
The Web Site and all information (in text, graphical, video and audio forms),
images, icons, software, design, applications and other elements available on or
through the Web Site are the property of MCD. , its Providers and others, and
are protected by Canadian and international copyright, trade-mark, and other laws.
Your use of the Web Site does not transfer to you any ownership or other rights in
the Web Site or its content. You may only use the Web Site in the manner described
specifically in this Agreement.
The Web Site may not be used for any purpose not expressly permitted by this
Agreement. In particular, except as expressly stated otherwise in this Agreement,
the Web Site may not be copied, imitated, reproduced, republished, uploaded,
posted, transmitted, modified, indexed, catalogued, or distributed in any way, in
whole or in part, without the express prior written consent of MCD You may not
use any of the software that is used in the operation of the Web Site except while
you are use the Web Site. You may not reproduce, copy, duplicate, sell, or resell
any part of the Web Site (including the software used in the operation of the Web
Site) or access to the Web Site.
The Web Site is made available to you for your lawful use only. You may access
and browse the Web Site using commercially available Web browser software. You may
print or download the pages of the Web Site for your personal use provided that you
do not modify any of the Web Site pages or other content and you do not remove or
alter any visible or non-visible identification, marks, notices, or disclaimers.
PERSONAL INFORMATION PRIVACY
mcd.com.pk collects and uses your personal information in accordance with the
from time to time in its sole discretion. By accepting this Agreement, and each
time you use the Web Site, you consent to tawakul-sports.com's collection, use and
then exists without any further notice or any liability to you or any other person.
tawakul-sports.comT and the MCD logo and MCD. logo, are registered and
unregistered trade-marks and trade names owned and licensed by MCD. Other
product and company names and logos appearing on the Web Site may be registered or
unregistered trade-names, trade-marks and service-marks of their respective owners.
Any use of the trade-names, trade-marks, service-marks and logos (collectively
"Marks") displayed on the Web Site, except as expressly provided in this Agreement,
is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be
construed as granting, by implication, estoppel, or otherwise, any license or right
to use any Marks displayed on the Web Site.
The Web Site may include advertisements for, and links to, other Web sites or
resources and businesses operated by other persons ("Other Sites"). Other Sites are
independent from tawakul-sports.com, and mcd.com.pk has no responsibility or liability
for or control over Other Sites, their business, goods, services, or content. Links
to Other Sites are provided solely for your convenience. mcd.com.pk does not
sponsor or endorse any Other Sites or their content or the goods or services
available through those other Web Sites. Your use of Other Sites and your dealings
with the owners or operators of Other Sites is at your own risk, and you shall not
make any claim against mcd.com.pk arising out of your use of any Other Sites or
your dealings with the owners or operators of any Other Sites. As between you and
tawakul-sports.com, the provisions of this Agreement under the section headed Disclaimer,
Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all
necessary modifications, to your access to and use of any Other Sites and their
business, goods, services, and content.
LINKING AND FRAMING THE WEB SITE
Links to the Web Site without the express written permission of mcd.com.pk are
strictly prohibited. To request permission to link to the Web Site, please contact
[email protected] mcd.com.pk reserves the right to cancel and revoke any
permission it may give to link to the Web Site at any time, for any reason, without
any notice, and without any liability to you or any other person. The framing of
the Web Site or any of its content in any form and by any method is strictly
POSTINGS AND UNSOLICITED SUBMISSIONS
You may not use technologies such as GooeyTor Third VoiceT in connection with
your use of the Web Site or to post comments, communications, or any other data of
any kind to or on the Web Site with the intention that such postings may be viewed
by other users of the Web Site.
mcd.com.pk does not accept or consider unsolicited ideas, including ideas for
new advertising campaigns, new promotions, new or improved goods, services or
technologies, product enhancements, processes, materials, marketing plans, or new
product names. The purpose of this policy is to avoid potential misunderstandings
mcd.com.pk may cause software to be available for you to download from the Web
Site or through other Web sites, including Web sites operated by Providers. The
software is protected by copyright, and your downloading and use of the software
are governed by the applicable Transaction Agreement and the Software License
Agreement specific to the software. By downloading software, you signify your
agreement and acceptance of the applicable Transaction Agreement and Software
From time to time mcd.com.pk may make contests available to users of the Web
Site and others. All contests are governed by this Agreement and the applicable
Contest Rules. By participating in a contest through the Web Site, you signify your
agreement and acceptance of this Agreement and the applicable Contest Rules.
GOVERNING LAW AND DISPUTE RESOLUTION
The Web Site is controlled by mcd.com.pk from Montreal, Quebec. This
Agreement, your use of the Web Site, and all related matters are governed solely by
the laws of Quebec, Canada and applicable federal laws of Canada, excluding any
rules of private international law or the conflict of laws which would lead to the
application of any other laws.
Any dispute between mcd.com.pk and you or any other person arising from,
connected with or relating to the Web Site, this Agreement or any related matters
must be resolved before the Courts of Quebec sitting in the City of Montreal,
Quebec, Canada, and you hereby irrevocably submit and attorn to the original and
exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or
relating to your use of the Web Site, this Agreement, or any related matters must
be commenced in a court of competent jurisdiction in the City of Montreal, Quebec,
Canada within six (6) months after the claim or cause of action arises, after which
time the claim or cause of action is forever barred, regardless of any statute or
law to the contrary.
If any provision of this Agreement is found to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed to be severed from the
rest of this Agreement and shall not affect the validity and enforceability of any
The provisions of this Agreement will enure to the benefit of and be binding
upon each of mcd.com.pk and its Providers and each of their respective successors
and assigns and related persons, including without limitation MCD., and you and
your heirs, executors, administrators, successors, permitted assigns, and personal
representatives. You may not assign this Agreement or your rights and obligations
under this Agreement without the express prior written consent of MCD, which
may be withheld in MCD's sole discretion. mcd.com.pk may assign this Agreement
and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default
under this Agreement will constitute a continuing waiver of such breach or default
or be deemed to be a waiver of any preceding or subsequent breach or default.
You and mcd.com.pk are independent contractors and no agency, partnership,
joint venture, employment or franchise relationship is intended or created by this
Agreement or your use of the Web Site.
The parties have expressly requested and required that this Agreement and all
other related documents be drawn up in the English language. Les parties
conviennent et exigent expressement que ce Contrat et tous les documetns qui s'y
rapportent soient rédiges en anglais.
Any rights not expressly granted by this Agreement are reserved to MCD