Dubai CommerCity

TERMS OF USE OF DUBAI COMMERCITY’S WEBSITE 

Acceptance of the Terms of Use of the Website

Your use of the Dubai CommerCity website (the “Website”) is governed by these terms of use (“Terms of Use”). By using the Website, you (the “User”) accept and agree to be bound by these Terms of Use. These Terms of Use represent a binding contract between Dubai CommerCity and you. Please read these Terms of Use carefully. If you do not agree with these Terms of Use, do not use the Website. The terms (“You”) and (“User”) as used herein refer to all individuals and/or entities accessing the Website for any reason.

Use of the Website

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation:

  1. Accessing data not intended for such user or logging into a system or account which the user is not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of any related system or network or to breach security or authentication measures without proper authorization.

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

  4. Sending unsolicited e-mail, including promotions and/or advertising of products or services.

  5. Forging any computer networks (TCP/IP) packet header or any part of the header information in any e-mail or newsgroup posting.

  6. Violation of system, applications or network security may result in civil or criminal liability. Dubai CommerCity will investigate occurrences that involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Registration and Password

Prospective customers/partners may be required to register on the Website to avail needed services. When you register you agree to provide true, accurate, current and complete information about yourself and business as prompted by the Dubai CommerCity registration form made available to you via the Website (such information being the “registration data”). You also agree to maintain and promptly update the registration data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or Dubai CommerCity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dubai CommerCity has the right to suspend or delete your account and refuse any and/or all current or future use of the services provided in the Website (the “Services”). Dubai CommerCity reserves the right to reject registrations from companies without having to justify such rejection.

If credentials are required to access our systems, they will be shared securely. You are responsible for maintaining the confidentiality of your credentials and are fully responsible for all activities that occur under your account, including, but not limited to, applying for services against which you will be charged for a certain fee as fixed by Dubai CommerCity, regardless of whether or not such activities are authorized by you. You agree to immediately notify Dubai CommerCity of any unauthorized use of your credentials. Dubai CommerCity will not be liable for any loss or damage arising from an unauthorized use of your credentials.

Prohibited Uses of the Website

As a condition of your use of the services provided on the Website, you undertake that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is unlawful or prohibited by these Terms of Use and the applicable law and that you will not: upload, post, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learnt or disclosed as part of employment relationships or under non disclosure agreements). You also undertake not to:

  1. Post any incomplete, false or inaccurate information.

  2. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this site.

  3. Take any action which imposes an unreasonable or a disproportionately large load on the Website’s infrastructure.

  4. Allow access to a non-public area of the Website, disclose to or share your password with any third parties or use your password for any unauthorized purpose.

  5. Notwithstanding anything to the contrary contained herein, 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 the Website other than the search engine and search agents available from Dubai CommerCity on the Website and other than generally available third party web browsers (e.g. Firefox, Google Chrome, Netscape Navigator, Microsoft Explorer & Edge, Safari).

  6. Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.

  7. Upload, post, e-mail or otherwise transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment.

  8. Collect or store personal data about other users.

  9. Transmit, post, distribute or store any message, information, data, text, software or images or other materials (“Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, sexually explicit, libelous, hateful, racially, ethnically or otherwise objectionable to another user or any other person or entity.

  10. Post or transmit any content that contains viruses or corrupted data, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

  11. Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., use of all caps, or flooding continuous posting or repetitive texts).
  12. Upload, transmit or post any content or use the Website in any manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or violate the privacy, publicity or other personal rights of any third parties.

  13. Make any unauthorized use of the Website.

  14. Violate any applicable local, national or international law or regulation.

Links to Other Websites and Framing

The Website contains links or other connections to third party websites. Dubai CommerCity provides these links only as a convenience to you and does not endorse, and is not responsible for, the contents on such linked websites. Further, Dubai CommerCity is not responsible for any virus accessed through the said third party websites. If you decide to access linked third-party websites, you do so at your own risk.

Limitation of Liability

In no event shall Dubai CommerCity be liable to any party for any damages, including without limitation, any direct, indirect, special, punitive, incidental or consequential damages (including but not limited to, damages for loss of business profits, business interruption, loss of programs or information, loss of profit and savings and the like), or any other damages arising in any way, shape or form, out of the availability, use, reliance on, inability to utilize or improper use of the Website or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure even if Dubai CommerCity is advised of the possibility of such damages, losses or expenses. Dubai CommerCity ’s liability will not exceed in any circumstances the fees paid by you against the service provided. All implied warranties and undertakings are hereby excluded to the maximum extent permitted by law. Dubai CommerCity shall not be liable for any delay or non-performance of the Website arising from any cause beyond Dubai CommerCity ’s reasonable control or that of Dubai CommerCity service providers.  You are responsible for the content of any material distributed by you through the Website. You are responsible for all liabilities arising out of your use of the Website. You agree to indemnify Dubai CommerCity for any expenses, losses, liabilities or costs incurred and any claims or legal proceedings which are brought or threatened against Dubai CommerCity, in each case arising from your use of the Dubai CommerCity Website.

Termination and Equitable Relief

In the event of any breach by you of these Terms of Use or if Dubai CommerCity is unable to verify or authenticate any information you submit, Dubai CommerCity may, at its sole discretion, pursue all of its legal remedies, including, but not limited to, deletion of your postings from the Website and/or immediate termination of your registration or ability to access the Website or any other service provided to you by Dubai CommerCity . Dubai CommerCity shall have the right to terminate your ability to access the Website at any time without notice and to discontinue or modify any of the information contained on the Website, or the website itself, at any time. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Website constitutes your agreement to all such Terms of Use Given the nature of these Terms of Use, you understand and agree that, in addition to money damages, Dubai CommerCity shall be entitled to equitable relief upon a breach of these Terms of Use by you.

Indemnity

You agree to defend, indemnify, and hold harmless Dubai CommerCity , its officers, directors and employees from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Website or your breach of the terms of these Terms of Use or your representations and warranties or your violation of any rights of third parties, including without limitation, any proprietary or intellectual property rights.

Validity of Terms of Use

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that the fact that these Terms of Use are in electronic form does not affect in any way their validity or enforceability. You also agree that the clicking of the button “I accept” on the Website constitutes your valid and legal signature.

Assignment and Waiver

You may not assign any part of this agreement without Dubai CommerCity ’s prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.

Governing Law and Dispute Resolution

This agreement shall be governed and construed in accordance with the laws of the Emirate of Dubai, and the applicable federal laws of the United Arab Emirates and any dispute arising out of or in connection with these Terms of Use and your use of the Website shall be referred to arbitration in Dubai before a single arbitrator by mutual agreement or in the absence of agreement by the President of the Dubai Chamber of Commerce and Industry on the application of either party in accordance with the Commercial Arbitration and Conciliation Rules of Dubai Chamber of Commerce and Industry.

Severability

If any provision of these Terms of Use is held invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Entire Agreement

These Terms of Use constitute the entire agreement between Dubai CommerCity and you with respect to the use of the Website, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereto. These Terms of Use shall prevail over any other documents purporting to have legal effect.