What’s in these terms
These terms and conditions (“Terms” or “Terms and Conditions”) sets out the rules for your use of our website [DOMAIN ADDRESS] (the “Website”).
Jump to a section:
- Who are we and how to contact us
- By using the Website You accept these terms
- There are other terms that may apply to You
- We may make changes
- We may suspend or withdraw the Website
- Eligibility and account rules
- You must keep Your account details safe
- Ownership and intellectual property
- Services available via the site
- Payment facilities
- Warranties and disclaimers
- Data collection and privacy
- Liability
- Indemnities
- Prohibited use of the site
- Which country’s laws apply and where You may bring claims
- Miscellaneous
Who are we and how to contact us
[DOMAIN ADDRESS] is operated by NEW CENTRAL DUBAI FRUITS & VEGETABLES MARKET L.L.C-S.O (“Company”, “we”, “us”), a company incorporated under the laws of the United Arab Emirates with license number [NUMBER] and address [ADDRESS].
“You”, “Your” and “User” refers to a legal or natural person who may access this Website and includes any entity or organisation which is registered as a user on the registration form relating to the Website.
To contact us, email [email protected] or call 8003282.
By using the Website You accept these terms
By accessing or using the Website, You confirm that You accept these Terms and Conditions and agree to comply with them. If You do not agree, please stop using the site immediately.
There are other terms that may apply to You
These Terms incorporate and must be read with the following:
- Privacy Notice: [LINK]
- Certain Services may be published or hosted on the Dubai Trade platform. In such cases, these Services will also be governed by the platform’s own terms, policies, and data handling provisions available on this link: [LINK TO DUBAI TRADE PLATFORM TERMS AND CONDITIONS], in addition to these Terms and Conditions. By using or accessing any such Services, users acknowledge and agree that the Platform Terms and Conditions applicable to that platform will apply alongside these Terms and Conditions; and
- Any additional guidelines, notices or policies issued by us.
We may make changes
We reserve the right to amend these Terms and Conditions from time to time, at our discretion. Where reasonably practicable, notice of such amendments shall be made available on the Website or communicated to You using the contact information on record with the Company.
You acknowledge and agree that:
(a) You are solely responsible for ensuring that Your contact information, including email address, phone number, and any other relevant records provided to the Company, remains accurate, current, and up to date at all times;
(b) The Company may use the email address or other contact details on record to communicate material updates, including amendments to these Terms and Conditions; and
(c) The Company shall not be responsible or liable if You do not receive notices, updates, or amendment communications due to outdated, inaccurate, or incomplete contact information maintained by You.
If You do not agree to be fully bound by all or any of these Terms and Conditions (including any amendments), please cease from using the Website immediately. Your continued use of the Website will be deemed acceptance of these Terms and Conditions, and any amendments hereto.
We may suspend or withdraw the Website
Our site and services are provided for business operations and administrative use. We do not guarantee uninterrupted access. We may suspend or withdraw parts of the Website for maintenance, business reasons, or regulatory compliance.
Eligibility and account rules
• The Website and the Services are not directed at, or to be distributed to any persons domiciled under any jurisdiction where all or part of the Services may be contrary to the laws applicable in the UAE (“Applicable Laws”). You are solely responsible for compliance with applicable laws and regulations within the jurisdiction that You are located and all other laws or regulations applicable under Your jurisdiction and/or the jurisdiction from which You access the Website.
• When You use the Website, You represent and warrant to the Company that:
- You are above 18 (eighteen) years of age, and possess the full capacity to enter into a legally binding contract, to accept these Terms and Conditions, and enter into any transactions as a result of using the Website;
- You confirm that the individual who has completed the registration process on the Website is fully authorised to bind Your organisation to this Agreement (where applicable), and in the event that, any such individual leaves the employment of the organisation or their authorisation to bind the organisation has been revoked, a new authorised individual shall be specified and communicated to us in writing for our records, within 7 (seven) days of such individual being appointed, or such authorisation being revoked (as the case may be);
- You will make all users in Your organisation, who are accessing the Website on Your behalf, aware of these Terms and will ensure they comply with them at all times;
- You have provided us with accurate, true and complete information about Yourself, as may be required under Applicable Law for Your uninterrupted access to the Website and as may be set out in these Terms and Conditions;
- To the extent that You represent one or more businesses or franchises, that You are acting as their authorized representative, and that both You and the entity You represent will be bound by these Terms and Conditions;
- Your usage of the Website is and will be in full compliance with Applicable Law, is not prohibited by any laws or regulations otherwise applicable to You, and is not for illegal or for any immoral purpose;
- Your usage of the Website and/or the Services (including in respect of creation of Accounts, and/or payments for the Services) does not infringe on the rights of any person, whether natural or legal, or any other User, and is not illegal; and
- Your use of the Website will be consistent with the foregoing license, covenants and restrictions, and You are not infringing nor violating the rights of any other party.
• You agree that the Company reserves the right to suspend or terminate Your access to the Website and any of the Services (as defined hereinbelow) (as may be applicable) in the event that
- The Company reasonably suspects that You are in breach of any of Your obligations under these Terms;
- The Company reasonably suspects that You have committed any fraudulent or illegal activities, in breach of Applicable Law; or
- For any other reason the Company feels necessary to ensure compliance with the laws and regulations applicable to the Company.
• You agree and acknowledge that You are solely and wholly responsible for obtaining and maintaining any hardware, facilities, connections, licenses, permits, database, equipment, external software or any other resources as may be required and/or necessary for Your use of the Website (such as, computer, mobile device, internet connection and telecommunications) and any relevant payment system. You agree that the Company will not be liable to bear any costs, expenses, losses or other damages which You may incur directly or indirectly, with respect to such hardware, facilities, connections, licenses, permits, database, equipment or external software or any other resources as may be required, in connection with Your use of the Website.
• If You have any questions or complaints about the Website, or these Terms and Conditions, or require further information on Your rights, please contact us at [email protected] or call 8003282. Please contact us as soon as possible if You become aware of an error or any other problems related to the Website.
You must keep Your account details safe
Keep login credentials confidential. Accounts are personal to the User and may not be shared. We may suspend or terminate access in case of suspected misuse or breach.
Ownership and intellectual property
• The materials on the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to the Company, and are subject to copyright and other intellectual property rights in the United Arab Emirates or elsewhere around the globe. Materials on the Website are provided to You “AS IS” for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company or such Service Provider to whom such intellectual property belongs (as the case may be).
• The Company reserves all rights not expressly granted herein (unless as otherwise set out in these Terms and Conditions), to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials or Marks other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein.
Services available via the site
The Company may add, modify, suspend, or discontinue any of the services listed or described on the site at any time without prior notice or liability. All service descriptions and information are provided for general informational purposes only and do not constitute binding offers or commitments by the Company. The site provides access to various services offered by the Company. These include, but are not limited to, company registration, permit issuance, NOC requests, and other related administrative authorizations (hereinafter referred to as the “Services”). All Service descriptions and information are provided for general informational purposes only and do not constitute binding offers or commitments by the Company.
Payment facilities
All payments are securely processed through authorised third-party providers. The Company is not responsible for any errors, delays, or failures of such payment gateways, and You acknowledge that payment processing may be subject to the separate terms and conditions of those providers. Payments for services such as registrations or permit issuance may be made via:
- Credit/debit cards;
- Bank transfers;
- Cash payments (where applicable);
- Online payment gateways or wallets.
• You agree and acknowledge that payment, using any one or more of the payment mechanisms enlisted above, may be subject to any additional terms and conditions. You agree to be bound by such terms and conditions and agree to comply with such terms while using such payment mechanisms.
• In the event that there is a conflict between these Terms and Conditions and the terms governing the payment mechanism for the Services specifically, such specific terms and conditions shall prevail over these Terms and Conditions.
Warranties and disclaimers
- EXCEPT WHERE EXPRESSLY PROVIDED FOR OTHERWISE, THIS WEBSITE AND THE SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. COMPANY, ON ITS OWN BEHALF AND ITS SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE AND ANY OF ITS CONTENT THEREON WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
- WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY OF ITS SERVICE PROVIDERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (A) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE, PORTAL OR THE SERVICES, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (B) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (C) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE OR SERVICES, INCLUDING ANY THIRD PARTY TRADEMARKS, MARKS, LOGOS, AND/OR MATERIALS BELONGING TO A SERVICE PROVIDER; (D) THAT THE WEBSITE, SERVICES, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS; OR (E) THAT THE WEBSITE, SERVICES, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF COMPANY ARE FREE FROM ANY CYBERATTACKS OR THREATS.
- COMPANY IS NOT RESPONSIBLE FOR ANY ADVERTISEMENTS, DIRECTORY INFORMATION, BUSINESS LISTINGS/ INFORMATION, MESSAGES BETWEEN USERS, INCLUDING E-MAILS OR CHATS OR OTHER ELECTRONIC COMMUNICATION OR THROUGH THE WEBSITE OR ANOTHER THIRD PARTY, OR OFFERINGS, FILES, IMAGES, PHOTOS, VIDEO, SOUNDS, BUSINESS LISTINGS/INFORMATION AND DIRECTORY INFORMATION OR ANY OTHER MATERIAL MADE AVAILABLE THROUGH THE WEBSITE (“CONTENT”), AND THAT BY USING THE WEBSITE, YOU MAY BE EXPOSED TO CONTENT THAT IS OFFENSIVE, INDECENT, INACCURATE, MISLEADING, OR OTHERWISE OBJECTIONABLE. AS FAR AS THE LAW ALLOWS, YOU ARE RESPONSIBLE FOR AND MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT.
- ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. COMPANY IS NOT LIABLE IN ANY WAY FOR THE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE BROWSING, USING OR READING ANY CONTENT LISTED, E-MAILED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE USE OF THE SERVICES AND SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT THEREFROM.
- COMPANY MAKES NO REPRESENTATION IN RELATION TO THE SUITABILITY OF ANY INFORMATION, SOFTWARE, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE AND DOES NOT GUARANTEE THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. NO INFORMATION OBTAINED BY YOU FROM COMPANY OR THROUGH THE WEBSITE WILL CONSTITUTE ANY WARRANTY AND/OR REPRESENTATION.
- COMPANY IS NOT OBLIGED TO PRE-SCREEN OR APPROVE ANY CONTENT, BUT COMPANY HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REFUSE, DELETE OR MOVE ANY CONTENT THAT IS OR MAY BE AVAILABLE THROUGH THE WEBSITE OR IN THE PROVISION OF ITS SERVICES, FOR VIOLATING THESE TERMS AND CONDITIONS AND SUCH VIOLATION BEING BROUGHT TO COMPANY’S KNOWLEDGE OR FOR ANY OTHER REASON.
- THE WEBSITE AND THE CONTENT AVAILABLE THROUGH IT MAY CONTAIN LINKS TO OTHER WEBSITES WHICH MAY BELONG TO SERVICE PROVIDERS (“THIRD-PARTY WEBSITES”), WHICH ARE UNRELATED TO THE COMPANY. IF YOU ACCESS THE LINK TO THIRD PARTY WEBSITES, YOU MAY BE SUBJECT TO THOSE THIRD-PARTY WEBSITES’ TERMS AND CONDITIONS AND OTHER POLICIES. AS FAR AS THE APPLICABLE LAW ALLOWS, THE COMPANY MAKES NO REPRESENTATION OR GUARANTEE AS TO THE ACCURACY OR AUTHENTICITY OF THE INFORMATION CONTAINED IN ANY SUCH THIRD-PARTY WEBSITES, AND YOUR ACCESS TO AND/OR USE OF ANY OTHER WEBSITES IS, AS FAR AS ALLOWED BY APPLICABLE LAW, COMPLETELY AT YOUR OWN RISK AND THE COMPANY DISCLAIMS ALL LIABILITY THERETO.
- COMPANY MAY PAUSE OR INTERRUPT THE WEBSITE AND/OR THE SERVICES AT ANY TIME, AND YOU SHOULD EXPECT PERIODIC DOWNTIME FOR UPDATES TO THE WEBSITE.
Data collection and privacy
You agree that the Company may periodically collect, store and use data (including, but not limited to technical information) in connection with Your use of the Website. All of Our policies related to Your Information and its use by the Company shall be contained in the privacy notice at [LINK]. Please review the same in order to better understand Our commitment to maintaining Your privacy.
Liability
- COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE AND/OR THE SERVICES, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE IS LIMITED TO THE FEES ACTUALLY PAID BY YOU AS A USER TO US IN RELATION TO THE SERVICE TO WHICH THE CLAIM RELATES TO.
- WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR INABILITY TO USE THE WEBSITE INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF YOUR USE OF OR ACCESS TO THE WEBSITE AND/OR THE SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE WEBSITE, OR, (III) WITHOUT LIMITING ANY OBLIGATIONS UNDER ANY SEPARATELY AGREED SERVICE-LEVEL AGREEMENTS, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE WEBSITE, INCLUDING THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (IV) ANY EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR USE OF OR ACCESS TO THE WEBSITE OR THE SERVICES; (VI) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; (VII) ANY PROHIBITED USE OF THE WEBSITE BY A USER; OR (VIII) THE USE OF A USER’S ACCOUNT BY ANY INDIVIDUAL WHOSE AUTHORISATION TO USE THE SAME HAS BEEN REVOKED, AS SPECIFIED UNDER [INSERT LINK FOR ELIGIBILITY AND ACCOUNT RULES SECTION] HEREINABOVE.
- WE WILL NOT BE RESPONSIBLE TO ANY PERSON WHO IS NOT A USER OR DOES NOT HAVE AN ACCOUNT WITH COMPANY, FOR ANY COMPENSATION, REIMBURSEMENT, DAMAGES, LOSSES AND COSTS ARISING OUT OF OR IN CONNECTION WITH THE USE THE WEBSITE, UNLESS SPECIFIED OTHERWISE IN THESE TERMS AND CONDITIONS, TERMS AND CONDITIONS INCLUDING RELATING TO THE USE OF THE PAYMENT MECHANISM, AS SPECIFIED [INSERT LINK FOR PAYMENT FACILITIES SECTION] HEREINABOVE, OR ANY THE TERMS AND CONDITIONS OF ANY THIRD PARTY SERVICE PROVIDERS (AS MAY BE APPLICABLE).
Indemnities
• You agree to defend, indemnify, and hold harmless, Company, its affiliates and each of Our respective employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, expenses (including but not limited to debt collection expenses) and legal fees (including reasonable attorneys’ fees) incurred in connection with any claims, demands or damages arising out of or related to:
- any breach of these Terms and Conditions by You;
- Your violation of any Applicable Law, or any rule or regulation; or
- Any third-party claim.
• You agree to indemnify Company and its affiliates in respect of any damages and additional expense (including, but not limited to legal costs and debt collection expenses) which we may suffer or incur, directly or indirectly, as a result of unlawful actions conducted by You including by way of any Prohibited Uses, which may result in the breach of Your obligations under these Terms and Conditions.
Prohibited use of the site
- You agree that You shall not exploit the Website in any unauthorized way whatsoever, including but not limited to, trespass, or materially burden the network capacity of Company and You shall not use the Website for any illegal or immoral purpose, or in violation of any Applicable Laws and regulations, such as laws governing intellectual property and other proprietary rights, data protection and privacy, anti-money laundering and currency control. You acknowledge that You are fully responsible for satisfying any legal and regulatory requirements applicable in countries and jurisdictions in which You operate.
- Company reserves the right to apply any limits on the use of the Website as We deem fit, for example, by limiting the available features, or number of supported Users and/or transactions. We further reserve the right to publish such limitations, or to amend such limitations at will, in each case in Our sole discretion.
- You may not use the Website and/or any of the Services to engage in the following categories of activities (“Prohibited Uses”), which shall include, but not be limited to:
- Unlawful Activities. Activities which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in any countries, including but not limited to any sanctioned persons or countries, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information. Activities which include hacking into the Website or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Website, including causing any financial or reputational loss to any third party, or damage or destroy the reputation of Company or any third party associated with Company.
- Abusive Activities. Actions which impose an unreasonable or disproportionately large load on Company’s infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the access controlled parts of the Website, other Accounts, computer systems or networks connected to the Website, through password mining or any other means;
- Abuse Other Users. Interfere with another user’s access to or use the Website, or any part thereof, defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, privacy rights, publicity and intellectual property rights) of other users; incite, threaten, facilitate, promote, or encourage violent acts against other users; harvest or otherwise collect information from the Website about other Users, including without limitation, any personal identifiable data, without proper consent;
- Fraud. Activities which operates to defraud Company or any other person; provide any false, inaccurate, or misleading information to the Company, gambling, lotteries; bidding fee auctions; sports forecasting or odds making, fantasy sports leagues with cash prizes, internet gaming, contests, sweepstakes, games of chance and infringement of any intellectual property rights of any entity or user, engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under any Applicable Law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder, use of Company’s intellectual property, name, or logo, including use of Company’s trade or service marks, without express consent from Company, or in a manner that otherwise harms Company or the Company brand, or perform any action that implies an untrue endorsement by or affiliation with Company; and
- Intellectual Property Infringement. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under any Applicable Law, including but not limited to, sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder, use of Company’s intellectual property, name, or logo or any Marks, including the use of Company’s trade or service marks in any manner, including to download, copy, transmit, broadcast, display, license, reproduce otherwise exploit, without express consent from the Company or in a manner that otherwise harms Company, or any group entity of Company; or perform any action that implies an untrue endorsement by or affiliation with Company.
Which country’s laws apply and where You may bring claims
These terms are governed by the laws of the Emirate of Dubai and the applicable Federal Laws of the UAE. Any disputes shall be subject to the exclusive jurisdiction of the Dubai Courts.
Miscellaneous:
- No relationship: The Company and You are intended to remain independent parties. Nothing under these Terms and Conditions shall be deemed or construed to create the relationship of principal and agent or of partnership or joint venture between Company and You.
- No Assignment: Unless otherwise specified in writing by the Company, these Terms and Conditions shall govern and supersede any other agreement entered into between the Company and You in respect of Your use of the Website.
- Entire Agreement: These Terms and Conditions represent the entire agreement between the Company and You and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof (but not include any add-on services as may be requested by You).
- No Waiver: No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such term.
- Notices: You agree to accept all communications from us via email. If We send an email to the email address on record for Your Account, You agree and understand that this constitutes notice from us to You. If You email us, this constitutes notice from You to Us. For all notices made by email, the date of receipt is considered to be the date of transmission. Notwithstanding the foregoing, any notices uploaded to the Website by Us shall also constitute valid notice to You, where not communicated via email.
- Language: These Terms and Conditions and all documents and information in connection with the hereof will be provided in English. We will communicate with You in connection with these Terms and Conditions in English, and We will only accept instructions and notices from You in English.
- Severability: If any part or section of these Terms is invalid, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms and Conditions, which shall remain in full force and effect.
- Force Majeure: Should either of You or Company be prevented or hindered from performing any of its obligation under the provisions of these Terms and Conditions, or any part thereof, owing to Events of Force Majeure (as defined hereinbelow), then the timelines set out for the performance of such obligation shall be extended by a period reasonably agreed in writing by the parties taking into consideration the causes of the Events of Force Majeure and the importance of the timely completion of the obligations. The “Events of Force Majeure” under these Terms shall mean and be limited to fire, flood, declared war, acts of God, any other event outside of the performing party’s reasonable control that are not the fault of the party whose performance is excused and any government action which prevents a party from performing any obligations set out hereinbelow. The party who is affected by the Events of Force Majeure shall notify the other party as soon as reasonably practical after becoming aware of any the Events of Force Majeure which prevents or hinders its performance of any obligations set out in these Terms and Conditions and detail the existence, nature and commencement date of the said Event of Force Majeure and shall, where practicable, notify the other party of the estimated extent of the delay likely to be occasioned by the said event.