This website www.hadid.aero and each webpage forming part of this website (the Website) is solely owned, hosted and operated by HADID International Services FZE, a free zone establishment incorporated pursuant to the prevailing laws of Dubai, United Arab Emirates (the Company).
|Applicable Law||means any law, rule, regulation, order, injunction, notice, approval or judgment in the Emirate of Dubai and/or the UAE whether such applicable laws now exist or hereafter come into effect (unless otherwise provided in this Agreement);|
|Authorized User||means any Person authorized to access and use the Website where access is subject to allotment of a sign in Username or password allotted by Website administrator by an email.|
|Extranet||means the restricted private areas of the websites accessible by users specifically authorized by Site Administrator allowing such user or users to upload, modify, re-new certain data, images and related information.|
|Intellectual Property||means all patents, copyright, design rights, domain names, registered designs, trade and service marks (registered and unregistered), rights in know-how, keywords and algorithms, rights in relation to databases, trade secrets, rights in confidential information and all other intellectual property rights throughout the world including all registrations and pending registrations relating to any such rights and the benefit of any pending applications for any such registrations; and all reversions, extensions and renewals of any such rights;|
|Person||means an individual (a natural person, whether acting for himself or herself, or in a representative capacity) or entity ( a partnership, corporation, limited liability company, governmental authority, trust, unincorporated organization or any other legal entity of any kind) as the case may be.|
|Service||means services offered by the Website on the World Wide Web through which Authorised Users can access the Website and/or the Extranet, use available tools, search functions and other areas available or to be made available.|
|Unauthorized User||means any Person using Extranet who has not agreed to all of the terms and conditions set out in this Agreement, who has not been issued a password or Username directly by the Site Administrator to enter the Extranet.|
|Username||means the unique identifier chosen by or assigned to Authorized User that allows the Authorized User access to the Website|
|Visitor||means any person visiting the Website and includes Authorized User, advertisers, and Unauthorized User|
1. ACCESS AND INFORMATION
1.1 The access to this Website solely for legitimate purposes. Any access or attempt to access Extranet by Unauthorized Users on the Website without prior written consent of Site Administrator is prohibited.
1.2 At the time of registration, the User must provide full and accurate details before using the website for any transaction. The Site Administrator reserves the sole and exclusive right to request any information or documents it may deem fit to authenticate registration status of users. HADID and/or Site Administrator reserve the sole and exclusive right to reject any registration that does not meet the required criterion and the right to delete any material they may find inappropriate or violates the Applicable Law.
1.3 Every Authorized user shall at all times ensure the following. Every Authorized User shall:
a. be at least of 18 years of age and able to enter in to binding contracts
b. post content, images or items in appropriate category or area of the Website;
c. in cases where Authorized User is acting on behalf of third party, not place any details that are covered pursuant to Restricted and Prohibited Items Policy listed on this Website or share confidential or sensitive information without the prior written consent of the principal;
d. not violate Applicable Law and any other law, third party rights or Website’s policies including prohibited or restricted items set herein below;
e. not post any information, image, link, file or data of any sort whatsoever that is fake, obscene, discriminatory, threatening, false, misleading, defamatory or libelous, violates any law or is restricted by Applicable Law;
f. not Use the Website for ascertaining search engine optimization techniques adopted by Site Administrator or HADID for its own purpose or for a website competing with this Website including keywords, designs and layout included in the Website;
g. not make any alteration to a bid or offer placed on the Website without the prior written consent of the Site Administrator;
h. not collect details of other Authorized users without the consent of the Site Administrator;
i. not sell, assign or transfer their login details to any Person without the prior written consent of the Site Administrator; or
j. not create multiple usernames (whether currently available or available for registration in future), distribute viruses, malware, Trojan, carry out denial of service or distributed denial of service attacks (DDOS), add/infect/distribute or otherwise code programs that may harm the Website or Visitors or their systems; spam the Website or any webpages therein including, forums and boards, comments and related areas.
2. LIMITATION OF LIABILITY
2.1 Every Visitor to the Website (including Authorized User and Unauthorized User) do understand and hereby agree and acknowledge that:-
i. The Website is not responsible nor liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any visitor, Authorized User, or Person authorizing the Authorized User, an Unauthorized User in any manner whatsoever in connection with this Agreement, marketing, advertisement, sale or for any liability of a visitor (including Authorized User, owner or Person authorizing Authorized User and Unauthorized User) to any third party.
ii. Each visitor including Authorized User, or Person authorizing the Authorized User and Unauthorized User shall in the event of any litigation ensure that it does not make Website, HADID or management of HADID a party to any claim and do hereby release and discharge the Website, HADID and management of HADID from any and all claims (past as well as future) including loss of reputation, loss of goodwill, loss of monies or any special, indirect or consequential damages arising directly or indirectly out of use or inability to use the Website, services and tools.
iii. Website shall not be responsible for any copyright or Intellectual Property infringement and data, material, images or content uploaded by a visitor is at its own risk.
iv. HADID or Website do not guarantee continuous or secure access to its services, Website, webpages or tools and forums on the Website. To the extent legally permitted, all implied warranties, and terms and conditions are hereby specifically excluded.
v. The information provided on the Website is user generated and for reference purposes only and cannot be treated as evidence for matters relating to court or arbitration disputes or for valuation purposes.
3. PAYMENT TERMS
3.1 Registration and viewing contents listed on website is free. HADID will charge Authorized Users for using services such as hotel reservations, rent a car, entering into e-contracts (regardless of whether such feature exists now or will become available in future), including future services requiring Authorized Users to make a payment. The fee chargeable towards the above services is subject to change.
3.2 All fees are quoted in AED and are payable by cheques or bank transfers on time free of any deductions, set-offs and charges.
3.3 In order to claim refunds, the Authorized User must contact the Site Administrator and provide all documents and information needed by Site Administrator to validate the refund. HADID provides no guarantee in any manner whatsoever for accuracy or timelines concerning refunds. No refunds will be made where the Authorized User (including Unauthorized User whose account is pending activation) has failed to comply with the terms set out herein, has posted objectionable or wrong details, or; is inconsistent with or violates the Applicable Law.
4. USE OF CONTENT AND INFORMATION
4.1 Any content or information uploaded by an Authorized User or Unauthorized User whose activation is pending grants Website and HADID a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right including right to sub-license and exercise any copyright, trademark, data rights, such user has in content, in any media known now or in future.
4.2 All ownership in the Website database, database structures, designs, user database, forums, and services is proprietary and owned solely by HADID and every visitor or Authorized as well as Unauthorized User hereby acknowledge that the content stated hereinabove is confidential and protected trade secret of HADID.
5. INTELLECTUAL PROPERTY
5.1 All logos, brands, trademarks, service marks, domain names and all Intellectual Property (whether registered or to be registered) appearing on the Website (other than those owned, belonging and uploaded by advertisers or third parties) are the properties either owned or used under license by HADID and/or its affiliates. All rights accruing from the same, statutory or otherwise; vests solely with HADID and/or its affiliates. The access to Website does not confer upon Visitor any license or right to use in respect of these marks or Intellectual Property and therefore the use of these Intellectual Properties in any form or manner, whatsoever is prohibited.
5.2 No Visitor shall without the prior written permission from HADID, use the Website name, logo, screenshots or content on any promotional materials such as business cards, flyers, labels, banners (whether online or physical store banners), websites, goods including supplies, garments, etc.
6. WARRANTIES AND REPRESENTATIONS
6.1 Neither HADID nor Website make no warranty or representations of any kind whether express or implied.
6.2 HADID may run advertisements, events and/or promotions from third parties on the Website or may otherwise provide information about or links/hyperlinks to third-party products, offers or services on the Website. Visitor’s commercial dealing with or him/her participating in such event, promotion or advertisements and any term, condition, warranty, or representation between Visitor and such third party are solely between Visitor and such third party. HADID or Website will not be responsible or liable for any loss or damage of any sort incurred or suffered as result of such third party information on the Website. In event of any dispute between Visitor and such third party, Visitor hereby agrees to release Website and HADID from any claims, demands and damages (actual as well as consequential) of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.3 For specific advice on legal, financial or real estate matters, Visitor should always seek the advice of a professional who is licensed and knowledgeable in that area, such as an attorney, accountant or real estate agent or broker.
7.1 No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
7.2 This Agreement and the documents referred to in this Agreement contain the whole agreement between the Parties relating to the transaction contemplated by this Agreement and unless otherwise agreed in writing, supersede all previous agreements between the Parties relating to this transaction.
7.3 Any notice or other communication to be given under this Agreement shall be in writing and in the English language, and shall be delivered personally, or sent by courier or facsimile. Any such notice shall be deemed given by fax or email as evidenced by transmission/sent receipt.
7.4 The Visitor shall do or procure to be done all such further acts and things and execute or procure the execution of all such other documents as may be required for the purpose of giving HADID or Site Administrator, the full benefit of the provisions of this Agreement.
7.5 No written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into this Agreement.
7.6 In case any provision in this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
7.7 The failure of a Party to insist in any one or more instances upon the strict performance of any of the provisions of this Agreement or to take advantage of any of such party’s rights hereunder shall not be construed as a waiver of any of such provisions or the relinquishment of any such rights, which shall continue in full force and effect.
7.8 This Agreement shall be binding upon and shall accrue to the benefit of the Parties and their respective successors and permitted assigns (including where applicable successors in title).
7.9 HADID shall have the right to assign or transfer this Agreement or any part thereof in any share or interest therein and the Visitor hereby consents to such assignment or transfer.
8. DISPUTE RESOLUTIONS
8.1 Dispute Notices: The Visitor may address and problems or issues to the Site Administrator.
a. If the parties are unable to resolve any dispute arising out or in connection with this Agreement, the party asserting a dispute must give a dispute notice to the other party.
b. The party receiving the dispute notice must respond within seven (7) business days as applicable in the United Arab Emirates after receiving the dispute notice.
8.2 Dispute Resolution Procedure: The parties agree:
a. Any dispute shall, so far as possible, be settled amicably between the parties within a period of thirty (30) business days (as applicable in the United Arab Emirates) from the date of issue being notified to the Site Administrator.
b. In the event the dispute is not resolved within the time-frame set out above, the parties may jointly consider appointment of one neutral mediator, whose decision shall be final and binding.
c. If a dispute is not settled in accordance with this clause; then such dispute will be referred to arbitration before Dubai International Arbitration Centre in accordance before a single arbitrator and the arbitration proceedings will be held in Dubai, United Arab Emirates in English language.
9. ADDITIONAL TERMS
Restrictions and Prohibited Items Policy