This website Flavorzy is owned and operated by Zest and Zeal LLC, a Limited liability Company having its registered office at Jumaira Tower, Abu Dhabi, United Arab Emirates ,(“we”, “us” or “our”). References to “you”, “User”, “your”, “yours” and “Clients” are references to the person(s) accessing the Website.
2.Access to the Website
2.2 You are responsible for your internet connection to access the Website.
2.3 You may only use the Website and the Items(defined in clause 3.1 below) for lawful purposes. You must not use the Website or the Items:
2.3.1 in any way that is unlawful, abusive, libellous, obscene, threatening or is otherwise prohibited by our Legal Terms or the applicable laws;
2.3.2 to harm or attempt to harm minors in any way;
2.3.3 to send, knowingly receive, upload, download, use or re-use any material which is in breach of our Legal Terms or the applicable laws; or
2.3.4 transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”).
2.4 While we will endeavour to ensure that the Website is available twenty-four (24) hours a day, access to the Website may be suspended temporarily and without notice including, without limitation, due to a system failure, maintenance, repair, force majeure event taking place or for reasons beyond our control. You agree that we shall not be liable if for any reason the Website is unavailable at any time or for any period.
2.5 We reserve all rights to deny or restrict your access to the Website, whether temporarily or permanently, at any time and without any liability, without ascribing any reasons whatsoever. We reserve the right to delete any accounts created on the Website at our sole discretion.
3. How we work
The Website connects you to the outlets we partner with (the “Outlets”) and allows you to order various food items (the “Items”) for delivery from the Outlets. Once you have placed your order through the Website, the Website provides you tracking of your order (where applicable) but the Outlet delivers your order directly without any involvement by us.
3.1 The User must be at least 18 years old in order to access the Website. If you are minor under the age of 18, you shall not register as a user of the Website and shall not transact on or use the Website.
3.2 We are not manufacturers of the Items. We take all reasonable measures to ensure that information provided on the Website is correct. However, we do not warrant that it is correct, complete or reliable and you will rely on the information presented on the Website at your sole risk. You should read all information, labels, warnings and limitations provided with the Items before purchasing any of the Items. The User is responsible for maintaining the confidentiality of his account.
3.3 The prices of all Items are [inclusive of VAT]. The prices may change from time to time without any notice based on various factors. You will be required to pay the price applicable at the time of confirmation of your order.
3.4 If there are any errors in pricing on the Website, we will try to resolve those errors in good faith and in accordance with applicable laws and at our sole discretion.
3.5 We may offer various promotions or gift cards from time to time in connection with any Items you may wish to order. The terms and conditions for such promotions and gift cards shall be displayed along with the relevant promotion and gift card.
3.6 Some Outlets may use nuts or other allergens in the preparation of certain Items. Please contact the Outlet directly prior to ordering if you have an allergy. We do not guarantee that any of the Items sold by our Outlets are free of allergens.
3.7 We accept no responsibility for:
a. any delays caused by the Outlet in the delivery of any of your Items;
b. any issues related to the quality of the Items delivered pursuant to your order; and/or
c. any health reactions or other damage caused by the use of the Items.
3.8 We will not deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
When you place an order through the Website, it needs to be accepted by us or the Outlet before it is considered as confirmed. We will send you a notification if your order has been accepted (the “Confirmation”). The agreement (the “Agreement”) for the supply of any Item you have ordered comes into existence when we send the Confirmation. Our scope of work in the Agreement is outlined in these Legal Terms and it specifically excludes delivery by us of any of the Items ordered by you as the delivery of the Items shall always be made by the Outlet directly to you.
5.Payments and delivery
5.1 You will be required to pay for the Items which you order (for yourself or someone else) through the Website. We accept payments online using Visa and MasterCard credit/debit card in AED (or any other agreed currency). The cardholder must retain a copy of transaction records and Merchant policies and rules. You may also be provided with options to make payments with approved gift vouchers as provided by us. Your payment information shall be displayed in your account.
5.2 Once the payment is made, the confirmation notice will be sent to the client via email within 24 hours of receipt of payment.
5.3 If you make payment for any of the Items, your card details will be provided directly to our third-party payment provider through a secure connection.
5.4 Each Outlet has a prescribed delivery area and this area may change at any time for reasons including but not limited to weather or demand. The Outlet will accordingly deliver the Items within the UAE to locations that are within their delivery range at the relevant time.
5.5 Each Outlet has its own operating hours. This will impact the availability and delivery of the Items. The Website provides you with the information about the operating hours of the Outlets to enable you to place your orders for Items.
5.6 The timeline for delivery may vary depending upon your location. We do not accept any liability for any delays for whatsoever reason in the delivery of the Items.
5.7 The delivery is completed when the Items are delivered to the address provided by you. Any loss or breakage of the Items shall be your sole responsibility after the delivery is completed.
5.8 If you are not available at the delivery address, the Outlet will assume that any person present at the delivery address shall be authorised by you to accept the delivery of the Items. If request a contact less delivery, the Outlet may leave the Items-outside the main door at the delivery address.
5.9 Any delivery charges mentioned on each order processed by you shall apply to the delivery of your Items.
6. Refunds and Cancellation
6.1 We accept any orders for the Items subject to availability. If the Items you ordered are no longer available with the Outlet or the Outlet cancels the order in part or in full, a refund shall be provided within 45 days for the cancelled order.
6.2 Refunds will be done only through the original mode of payment.
6.3 If you wish to cancel any of the Items or the full order you have paid for, you may do so through the Website but we do not provide any refunds for such cancellations.
6.4 We reserve the right to cancel any of your orders at our sole discretion or refuse any of the Items. We will issue a full refund to you for any such cancellation of your order by us.
6.5 If you fail to receive the delivery of the Items by the Outlet when the Outlet brings the delivery to the address, the Outlet shall not attempt the delivery again and no refunds shall be provided to you.
7.1 You may access material on the Website without registering with us first. However, we may restrict your access to certain areas including access to the Items and you may need to register on the Website to access them.
7.2 Your registration information must be accurate and complete and you must notify us of any change to that information, in particular to your personal details, including but not limited to, name and e-mail address. Any registration request may be rejected by us at our sole discretion without any reasons.
7.3 You warrant that you will not impersonate anyone else when registering for, or using, the Website or the Items.
7.4 You are responsible for maintaining the confidentiality of your account. You must not allow anyone else to access any Website by using your username and password (“ID”).
7.5 You are liable to us for all Website access made by you or anyone else using your ID and we will not be liable to you or anyone else for unauthorised use of your ID.
7.6 To qualify for the registration, you must not have been terminated by us as a User previously.
7.7 By registering with the Website and creating your profile, you can access different Items that are offered by us without having to register for each service separately. If an Item you wish to order for has additional terms and conditions, you will be asked to accept these separately.
7.8 You agree that:
7.8.1 you will keep your username and password safe, and not share them with anyone; and
7.8.2 you will not create multiple or false accounts.
7.9 You must not use the Website to send chain emails or Spam or to send, use or re-use any material which:
7.9.1 is unlawful, threatening, abusive, libellous or indecent;
7.9.2 infringes copyright or any other legal right; or
7.9.3 contains any other form of illegal content.
8. Communication guidelines
8.1 We reserve the right to access and review any of your communication on the Website, where permitted by the applicable laws, to ensure compliance with the relevant laws and appropriate online behaviour. We reserve the right to directly access your account to make changes/help resolve any issues, subject to obtaining your prior approval either verbally or in writing.
8.2 You must not communicate or respond to any posts on the Website for any purpose other than to use any of the Items. We do not allow anyone to use the Website for any marketing or promotional purposes (unless otherwise agreed in writing), or communications of any type soliciting business from our direct or indirect competitors.
8.3 You are required to communicate in a professional and respectful manner. The following activities are strictly prohibited on the Website and may result in review of your account, action and temporary or permanent suspension or termination of your account:
8.3.1 Use of any abusive or offensive language.
8.3.2 Any discussions of political, discriminating, threatening, sexual or of religious nature.
8.3.3 Any other inappropriate behaviour which violates our Legal Terms.
8.4 The communications between the parties should be responded to promptly and without any unreasonable delay. We reserve the right to send a notice to the non-complying parties using their email addresses registered with us to facilitate the communication.
9. Information and Instructions
9.1 We are not a partner, owner, member, operator, director, and have no ownership interest whatsoever in any Client and/or User. By agreeing to our Legal Terms, there shall be no joint venture between us and any of the User(s) of the Website.
9.2 You hereby warrant that all information you provide to us about yourself or your organization in connection with the delivery of the Items shall be full, accurate and up-to-date.
9.3 We may, at our sole discretion, collect feedback in relation to your performance and to post samples of positive feedback about you on the Website. This feedback may be seen by any visitor of the Website. You agree that you will not take any actions to undermine the integrity of our feedback system.
10. Your Use of Content and Website Links
10.1 All content and material on the Website other than User-Generated Content (“Our Content”) belongs either to us or our licensors and is protected by world-wide copyright laws.
10.2 Unless expressly stated otherwise, you may:
10.2.1 only use Our Content for your personal, non-commercial use;
10.2.2 not copy, reproduce, republish, upload, post, transmit or distribute any of Our Content; and
10.2.3 not, without our prior written permission:
(a) redistribute any of Our Content (for example by using it as part of any library, archive or similar service);
(b) remove any copyright or trademark notice from Our Content; or
(c) create any database by downloading and storing any of Our Content.
10.3 You shall not create any link from or to any Website without our prior written consent.
10.4 Content from a third party provider available on or through the Website may not be duplicated, distributed, published, transferred, transmitted, copied, altered, sold, used to create derivative works or otherwise misused.
10.5 You agree that any rights not expressly granted in our Legal Terms are reserved.
10.6 If you breach any of the provisions in our Legal Terms, your permission to use the Website and your license to use Our Content automatically terminates and you must immediately delete or destroy any downloaded or printed extracts of Our Content from the Website.
11. Uploading on the Website
11.1 You must comply with the content standards set out in our acceptable use policy when uploading any material to the Website. You will indemnify us against any uploading any material to the Website that is carried out in breach of this clause.
11.2 The materials uploaded by you on the Website will be treated as non-confidential and non-proprietary. We shall have the right to use, copy, distribute and disclose those materials to third parties any such material for any purpose.
11.3 We reserve the right to remove any materials posted by you to the Website without any prior notice to you if we determine in our sole opinion that such materials do not comply with our acceptable use policy.
11.4 We reserve the right to disclose your personal identity to any third party who claims that any material posted or uploaded by you to the Website is a violation of their right to privacy or intellectual property rights.
11.5 We shall not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
12. Forums and Posting Content on the Website
12.1 The Website may include chat rooms, bulletin boards, discussion groups and other public areas that allow you to interact with other Users (“Forums”) and to post/transmit/upload (“Post”) your content to the Website (“User-Generated Content”).
12.2 Where we do provide a Forum, we will provide clear information to you about the nature of the service being offered and we reserve the right in our absolute discretion to cease providing it without notice and liability to you.
12.3 Forums may also contain User-Generated Content from us, the businesses or special guests selected by us. The opinions of the information publishers and special guests are their own and are not necessarily endorsed by us. You must not consider them to be professional advisers and must not rely on any comments they make.
12.4 You must be registered as a User (unless otherwise stated) in order to become an information publisher and post your User-Generated Content, the content of which is your sole responsibility.
12.5 By Posting User-Generated Content, you warrant that:
12.5.1 you will comply with any additional rules posted by us on a Forum;
12.5.3 we are entitled to use your User-Generated Content in accordance with our Legal Terms; in particular, that we may lawfully permit other Users to view your User-Generated Content, without any payment (including any royalty payment to you or anyone else);
12.5.4 you have obtained all consents and releases from all people who are identifiable in your User-Generated Content;
12.5.5 if a fact is stated, it is accurate or, if an opinion is stated, it is genuinely held;
12.5.6 it is not confidential, does not infringe the intellectual property, privacy or any other legal right of anyone else and does not contain anything which is unlawful, abusive, libelous, defamatory, obscene, indecent, harassing or threatening;
12.5.7 you own its copyright or have the necessary permissions and rights to use it;
12.5.8 it is not discriminatory and does not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
12.5.9 it does not solicit personal information from any Users;
12.5.10 it does not violate any applicable law;
12.5.11 it does not contain a virus or other harmful component or computer programming routine, software, file or code designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
12.5.12 it does not interrupt, destroy or limit the functionality of any Website or any computer software or equipment;
12.5.13 it does not disguise the origin of any User-Generated Content or impersonate any person or entity or misrepresent any affiliation with any person or entity or collect or store other Users’ personal data;
12.5.14 it does not, nor is it likely to, harass, upset, embarrass, alarm or annoy anyone else; and
12.5.15 it does not give the impression that it emanates from anyone else (including us) if that is not the case.
12.6 You warrant that you will not:
12.6.1 post, link to or otherwise publish commercial material or material (other than the activities permitted by the Website) that promotes any commercial activity or contains recommendations to buy or refrain from buying a particular service or which contains another party’s confidential information or which otherwise would have the purpose of affecting the price or value of any Items; or
12.6.2 post or otherwise publish any User-Generated Content that is unrelated to a Forum or the Forum’s topic.
12.7 By Posting your User-Generated Content you hereby grant a perpetual, royalty-free, worldwide, exclusive license to us to use, reproduce, modify, translate, make available, distribute and publish it on the Website and to sub-license any other persons to do so, in each case for such purposes as we may in our sole discretion determine (which can be terminated by your removal of your User-Generated Content from the Website and your email to us at our ‘Contact’ page giving full details of your User-Generated Content that you wish to be removed, and we will endeavor to remove it from the Website within 28 days), you waive all moral rights you may have in it and you warrant that you have obtained a waiver of all others’ applicable moral rights.
12.8 By submitting your User-Generated Content to the Website, you indemnify us from all claims, costs, liabilities and expenses (including legal expenses) suffered by us because any of your posted User-Generated Content is in breach of our Legal Terms.
12.9 You agree that we may disclose your identity to any third party who claims that User-Generated Content you have posted to a Website violates its intellectual property rights or any other legal right.
12.10 You acknowledge that:
12.10.1 Forums contain User-Generated Content submitted by users over whom we have no control;
12.10.2 it is not possible for us to fully and effectively moderate, oversee or monitor the Forums; in particular, to monitor whether any User-Generated Content infringes the copyright or any other legal right of a third party;
12.10.3 we are under no obligation to oversee, monitor or moderate any Forum and cannot therefore guarantee the accuracy, integrity or quality of any particular User-Generated Content;
12.10.4 we do not endorse any User-Generated Content which is not reflective of our views;
12.10.6 you accept all risk associated with your use of the Forums and do not rely on User-Generated Content in making (or refraining from making) any decision; and
12.10.7 we are not liable to you in respect of any User-Generated Content you view on the Website.
12.11 We do not control or monitor all User-Generated Content posted to Forums by Users but we reserve the right to do this (whether by human moderation or technical methods) or to delete, move or edit any of your User-Generated Content without notice to you.
12.12 We may contact you by email with regard to your use of the Forums.
13. Reporting Offensive or Illegal Content
13.1 While we do not control all the User-Generated Content posted to Forums by Users, we do not wish to see harmful, offensive or illegal content on our Website. If you have any concerns about any Content or User-Generated Content that appears on any Website or you believe that such Content or User-Generated Content is harmful, offensive or infringes your rights (such as your intellectual property rights), please contact us via [email protected] with the following information in sufficient detail:
13.1.1 the location of the harmful/infringing/offensive content;
13.1.2 a brief description of why you consider the content to be harmful, offensive or infringing and a statement confirming that you have a reasonable and honestly held belief that use of the content is not authorized;
13.1.3 a brief description of, and information related to, the copyright work which you believe is infringed (if applicable); and
13.1.4 your contact details.
13.2 We will remove any of Our Content and User-Generated Content if we reasonably believe it to be in breach of our Legal Terms without prior notice to you.
14. Suspension and Termination
14.1 We will determine in our sole discretion whether there has been a breach of our Legal Terms through your use of the Website and may take such action as we deem appropriate.
14.2 Failure to comply with our Legal Terms or use the Website in good faith (which shall be solely determined by us) by you may result in our taking any or all of the following actions:
14.2.1 immediate, temporary or permanent termination of your account and withdrawal of your right to use the Website (including our Forums);
14.2.2 immediate, temporary or permanent removal of any of your User-Generated Content Posted to the Website;
14.2.3 issue of a warning to you;
14.2.4 legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
14.2.5 further legal action against you;
14.2.6 disclosure of such information to law enforcement authorities as we reasonably believe to be necessary; and/or
14.2.7 any other action we reasonably consider to be appropriate.
14.3 Any duplicate accounts or accounts that remain inactive for a period of more than one (1) year will be automatically deleted at our sole discretion.
15. Viruses, Hacking and Other Offences
15.1 You must not:
15.1.1 misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
15.1.2 attempt to gain un-authorized access to the Website, the server on which any Website is stored or any server, computer or database connected to the Website; or
15.1.3 attack any Website via a denial-of-service attack or a distributed denial-of-service attack.
15.2 Any breach of this clause 15 immediately ends your right to access this Website and is a criminal offence which we will report to the relevant law enforcement authorities and co-operate with them by disclosing your identity in accordance with the applicable laws.
15.3 We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to any Website or to your downloading of any material that is Posted on any of them, or on the Website linked to them.
16. Third Party Websites
16.1 The Website may contain links to other Websites or websites provided by independent third parties (“Third Party Website”), either directly or through frames. Where possible, we will make clear such links are being made, although Third Party Website may be co-branded with us and so include our trademarks. We are not responsible for the availability or content of Third Party Website and will not be a party to, or in any way responsible for, any transaction concerning goods or Items available from such Third Party Website. In particular, if you use links from the Website to an authorized connected Website which is not operated by us to download software or any other material, file, image or data from the Third Party Site, you acknowledge and agree that we have no responsibility or liability in connection with it.
16.2 We are not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or third party Website or pages linked to the Website. If any hyperlinks to downloadable software Website is included on the Website, these are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
16.3 We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website.
17. Advertising and Sponsorship
17.1 Part of the Website may contain advertising and sponsorship by any third parties. Additional terms and conditions may apply to such advertising and sponsorship by any third parties. Any advertisers and sponsors are responsible for ensuring that material submitted for inclusion on it complies with applicable laws. We are not responsible to you for any error or inaccuracy in their advertising material.
17.2 If you are using the Website for advertising or sponsorship, you give us a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to: (i) display, publicly perform, distribute, store, broadcast, transmit and reproduce your logo(s), trademarks and other trade names through the Website; and (ii) display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the content provided by you and anything we may make with the content through the Website. We are not required to host, display, or distribute any of the content provided by you and we may refuse to accept or transmit such content, and may remove or delete all or any portion of the content from the Website at our sole discretion without any liability to you. By submitting any advertising, you hereby represent and warrant that you own all rights to give us the license described above. You represent and warrant that your advertising and sponsorship will not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
17.3 You understand that when using the Website, you will be exposed to content from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and that such content is not our responsibility. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. You agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
18. No Offer
Information or opinions provided by us or through a third party on the Website does not constitute an offer to sell or solicit an offer to buy any goods or Items.
19. Changes to the Legal Terms
20.1 THE CONTENT OF THE WEBSITE IS DISTRIBUTED TO YOU WITHOUT ANY WARRANTY OF ANY KIND. WE AND ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND OUR CONTENT.
20.2 INFORMATION ON THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW WE AND ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS DO NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN RESPECT OF SUCH INFORMATION WHETHER IN RESPECT OF THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ITEMS AND THE ACCURACY OR COMPLETENESS OF OUR CONTENT IS ASSUMED SOLELY BY YOU.
20.3 YOU WILL USE THE ITEMS OFFERED ON THE WEBSITE AT YOUR OWN RISK AND WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY LOSSES THAT YOU MAY SUFFER AS A RESULT OF THE USE OF THE ITEMS PROVIDED BY US OR ANY THIRD PARTY.
20.4 WE AND ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS:
20.4.1 MAKE NO EXPRESS OR IMPLIED CONDITION, WARRANTY, REPRESENTATION OR UNDERTAKING AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF OUR CONTENT AND THE INFORMATION, MATERIAL, ITEMS OR THE ERROR-FREE USE OF THE WEBSITE. OUR CONTENT AND THE INFORMATION, MATERIAL, ITEMS OUTLINED IN THE WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE AT YOUR SOLE RISK; AND
20.4.2 DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE AVAILABLE OR THAT IT WILL MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACK UP OF DATA AND/OR EQUIPMENT AND FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
21. Limitation of Liability
21.1 Our Content and any User-Generated Content is for your general information and use only and is not intended to address your particular requirements. While we aim to update the Website regularly, any of Our Content or User-Generated Content may be out of date and we assume no responsibility for updating it. In particular, Our Content and any User-Generated Content does not constitute any form of advice, recommendation or arrangement to you by us and is not intended to be relied upon by you in making (or not making) any particular decision.
21.2 We have no liability to you because of:
21.2.1 any arrangement or agreement made between the Clients and any third parties, which was made at their sole risk and responsibility; and
21.2.2 any reliance you placed on Our Content or User-Generated Content.
21.3 Because of the number of sources from which we obtain Our Content and User-Generated Content and the nature of electronic distribution via the internet, we do not give any warranties in respect of the Website or the Items. In particular, the Items are provided on an “as is” basis. We disclaim all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability, of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, we do not warrant that the Items are free from infection by viruses or anything else that has contaminating or destructive properties.
21.4 To the fullest extent allowed by applicable law, you agree that we will not be liable to you and/or any third party for any consequential or incidental damages, including loss of business, income or revenue, lost profits or contracts, loss of data, privacy or goodwill, reputation, expectation, opportunity, loss arising out of or in connection with wasted management or office time, failure to meet any duty including but not limited to any duty of good faith or any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Website or the Items or any breach of our Legal Terms by us, even if we have been advised of the possibility of such damages.
21.5 Notwithstanding the provisions of this part, our liabilities will not be limited to any that cannot be excluded or limited by law.
21.6 You agree to fully indemnify, defend and hold us and our affiliates, and their respective officers, directors, owners, agents, information providers and copyright owners from and against any and all claims, losses, costs and expenses (including attorneys’ fees) incurred by any such party in connection with any claim arising from your use of or connection to the Website, or from any breach by you of these Legal Terms.
21.7 We will not be liable for any direct, indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), claims of death or personal injury, costs, expenses or other claims for consequential compensation whatsoever (and howsoever) caused, including slander or personal offence which arise out of use or in connection with the Website.
22. Written communications
22.1 We may be required to send certain information or communications to you in writing to comply with the relevant laws. Your communication with us will be by email and you agree that such communication will comply with the applicable legal requirements.
22.2 You must send us all your notices by email to [email protected], delivery of which shall be deemed on completion of 48 to 72 hours after an email has been sent.
23. Intellectual Property Rights
23.1 We are either the owners or the licensees of the entire intellectual property rights in the Website and in the materials that form part of the Website, except for such materials that are contributed to the Website by the Users. We reserve all rights in and to such intellectual property rights and the Website. You hereby agree and undertake to not engage in the use, copying, or distributing any content contained within the Website or through the Items unless we have given you express written permission to do so.
23.2 You will not modify, translate, create or attempt to create derivative copies of or copy of the Website or any software used on the Website in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the object code of the Website or any software used on the Website to source code form; (iii) distribute, sub-license, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Website or any software used on the Website.
23.3 You warrant that you have the right or license to use the intellectual property rights in the information and data provided by you on the Website.
23.4 You hereby grant us a perpetual, sub-licensable, worldwide, royalty-free license to publish and make available on the Website your information, job openings and all other information and material provided by you in connection with the provision of the Items.
23.5 You hereby agree to indemnify us against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the your information, job openings, and all other information and material provided by you to us.
24. Additional Items
From time to time, we may offer any new or additional Items through the Website. Your use of such Items shall be subject to our Legal Terms as well as any additional terms and conditions which you will comply with.
25. News by E-Mail
We may give you the option to subscribe to any e-mail news service so that your use of any information received in this manner will be subject to our Legal Terms.
27.1 You may not assign, sub-license or otherwise transfer any of the rights under our Legal Terms.
27.2 If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which shall remain in full force and effect.
27.3 Failure by either us or you to exercise any right or remedy under our Legal Terms does not constitute a waiver of that right or remedy.
27.4 Headings in our Legal Terms are for convenience only and have no legal effect.
28. Law and Jurisdiction
United Arab Emirates is our country of domicile and the governing law is the local law. The parties hereby submit to the exclusive jurisdiction of the Courts of Abu Dhabi in connection with any disputes arising under these Legal Terms.
29. Entire Agreement
Our Legal Terms represent the entire understanding and agreement between us and you concerning your use of the Website and provision of the Items. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between us and you relating to the matters covered by these Legal Terms are hereby superseded. You agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by us or any other party unless it is expressly set out in our Legal Terms.
30. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war (declared or undeclared), insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event of any nature beyond our control.
You shall not sell, transfer, or assign your rights and/or obligations under our Legal Terms to any other party without our prior written consent. You agree that we may assign our rights and/or obligations under our Legal Terms to any other party at our sole discretion.
These Legal Terms may be changed or updated occasionally to meet the requirements and standards. Therefore, you are encouraged to frequently visit these sections in order to be updated about the changes on the website. Modifications will be effective on the day they are posted.
33. Contact Us
Any queries or comments about the Website or these Legal Terms should be directed via email to [email protected]