WEBSITE TERMS AND CONDITIONS

1. INTRODUCTION

This Website (“Website”) is owned, operated and controlled by DUBAI TRADE FZE, a company organized and existing under the laws of the United Arab Emirates (“UAE”) (“Company”, “Dubai Trade”, “We” or “Us”). “You” and “Your” 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.                

These terms and conditions (“Terms” or “Terms and Conditions”) govern Your use of the Website and any of the services or products offered via the Website through the creation of a user account. Your access to the Website is subject to these Terms, Notices, disclaimers and any other terms and conditions or other statements issued by Us, as contained on the Website or any other platform used by You to access the “Services” (as defined hereinbelow). You agree to be bound to these Terms and Conditions while using this Website, unless as specified hereinbelow.

2. WEBSITE USE AND ACCESS

• PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. BY VISITING THE WEBSITE OR USING OR ANY PART THEREOF, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND AGREE THAT SUCH AGREEMENT SHALL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND DUBAI TRADE. IN ADDITION TO THESE TERMS AND CONDITIONS, YOU ALSO AGREE TO BE BOUND BY THE PRIVACY NOTICE OF DUBAI TRADE, AND ANY TERMS AND CONDITIONS GOVERNING THE USE OF THE PAYMENT MECHANISMS FOR USING THE SERVICE (AS MAY BE APPLICABLE TO YOU).
• DUBAI TRADE RESERVES THE RIGHT TO AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME, AT OUR DISCRETION, AND WE SHALL UPLOAD A NOTICE ON OUR WEBSITE AT LEAST 30 (THIRTY) DAYS PRIOR TO EFFECTING ANY SUCH AMENDMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE FULLY BOUND BY ALL OR ANY OF THESE TERMS AND CONDITIONS, 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.
• 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 that 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 customercare@dubaitrade.ae. Please contact Us as soon as possible if you become aware of an error or any other problems related to the Website.

3. SERVICES

• The Website lists information about the Company and the services offered by it, and facilitates access to such Services (directly and indirectly), in the manner as set out below. The services offered by the Company include:

• facilitation of account creation with Business Units;
• the operation and maintenance of the Portal;
• training services; and
• subscription services.

(hereinafter, the “Services”).

• You agree that, some part of the Services may be provided to You directly by a group entity or a third-party service provider (each, a “Service Provider”), where Dubai Trade shall provide the software interface to facilitate Your access to such Service. In this respect, You will be required to create a user account (“Account”), in accordance with the specific terms and conditions of the respective Service Providers. You agree that, in addition to these Terms and Conditions, You may be subject to the terms and conditions of such Service Providers as a user (“User”) of such Services, access to which will be facilitated by Dubai Trade. You agree to be bound by such terms and conditions and agree to comply with such terms while using the Services (as may be relevant).
• In the event that You choose to access a Service which is provided by a Service Provider through the Website, You may be redirected to the website of such Service Provider for the creation of an Account, or to log-in (as the case may be). Post signing up or signing in, You will be redirected to the access-controlled part of the Website, where You will be able to access the Services. The Company reserves the right to add, cease to offer, or otherwise modify any Services made available by it, from time to time, as the Company sees fit.
• You may be required to create a password to access any part of the Services, which are available on the Website (excluding Services which have been accessed through a Service Provider). Additionally, in the future, the Company may decide to make the use of digital signatures mandatory for all Users, through third party certification providers. Users will be notified of the same in writing in advance. Should You choose not to enter into an agreement with the relevant certification provider (or equivalent third party) nominated by Us for the provision of such digital signature certification by a date specified by Us, Your access to all or certain parts of the Website and/or the Services (as the case may be) may be denied.
• Dubai Trade reserves the right to terminate Your access to the Website or any part of a Service for: (i) any breach of these Terms and Conditions; (ii) unauthorised use of the Website or a Service, by You; or (iii) misconduct including, without limitation, conduct having an adverse impact on the reputation of Dubai Trade. If Your use of a Service is terminated by Dubai Trade pursuant to this section, You will not be entitled to receive a refund of any credits or pre-payments which remain unused at the time of such termination.

4. PAYMENT FACILITIES

• Subject to any requirements of a Service Provider, We may, as a part of the Services, facilitate payments to Us or Service Providers using one or more of the following payment mechanisms:
• ‘Rosoom Payment Gateway’ (“Online Payment Facility”),
• credit card,
• debit card,
• direct debit (bank to bank transfer),
• the ‘Rosoom Wallet’, or
• DUBAIPAY
• 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.

5. SUBSCRIPTION SERVICES

• Dubai Trade does not levy a fee for browsing the Website, however, in order to access some of the Services, You may be required to pay a subscription fee (the “Subscription Fee”), which will be charged by Us in accordance with the different types of subscription bundles, including weekly, monthly and yearly subscriptions (“Subscription Services”). Further details of the Subscription Services and the Subscription Fee are available at Dubai Trade Subscriptions. We reserve the right to modify the Subscription Services from time to time, including by adding or deleting features, functions and services.
• The Subscription Fee are exclusive of VAT and other applicable taxes, government fees and other similar charges (“Taxes”). You will be solely responsible for payment of any chargeable VAT and other Taxes and shall, pay any additional amounts in respect of VAT and other Taxes as are chargeable. All Subscription Fee listed on the Website are in AED (United Arab Emirates Dirham) and Dubai Trade reserves the right to revise such Subscription Fee at any time.
• For purposes of clarity, a User will be charged the Subscription Fee for the initial subscription term, depending on the subscription plan selected by the User. Each subscription term will be deemed to commence on the date that the User subscribes to the relevant Subscription Service, and such term will expire at the end of the period selected during the subscription process (“Initial Subscription Term”), unless terminated earlier in accordance with these Terms.
• We will notify the User via email that their Subscription Services are due to expire (in the case of yearly subscription, 30 (thirty) days prior to the date of expiry of such term and in the case of monthly subscription, 15 (fifteen) days prior to the date of expiry of such term).
• To ensure continuity of Subscription Services to our Users who have availed of monthly and yearly Subscription Services and to overcome any dependence on renewal processes, the Subscription Services will automatically renew at the end of the Initial Subscription Term (or any subsequent Subscription Terms) for similar periods as the Initial Subscription Term (each a “Renewal Subscription Term”). The Initial Subscription Term and any Renewal Subscription Term (collectively, the “Subscription Term”) will continue to auto-renew, subject to successful payment of the applicable Subscription Fee. The Renewal Subscription Term will be subject to the then prevailing Subscription Fee. We will charge or debit your payment method upon the expiry of each Subscription Term.

[A User may choose to opt out of auto-renewal of a subsequent Renewal Subscription Term anytime and at least 24 (twenty-four) hours prior to date of expiry of the current Subscription Term. Once a payment has been made, the User shall not have the option for a refund or cancellation, irrespective of whether or not the User is active on the Website.]

• Following a successful payment towards the Renewal Subscription Term, the User will receive an email confirming the auto-renewal along with a tax invoice and receipt towards the payment of the Subscription Fee. If your credit card expires or your payment method is otherwise invalid, you will need to manually make new payment to renew your subscription. You understand and agree that once payment towards any Subscription Fee (whether or not such payment is automated) is made, such payments will be non-refundable. The Company will not refund any Subscription Fee in the event that the User terminates or cancels their Subscription at any time, prior to the expiry of the Subscription Term. All Subscription Fee are due and payable in advance throughout the Subscription Term. Dubai Trade may, in its sole discretion, exempt a User from payment of any portion of the Subscription Fee and, in this instance, the User will not be entitled to a refund of any credits or pre-payments which remain unused at the time of such exemption.
• You understand the acknowledge that, access to some of the Services (whether Subscription Services or not) may require the payment of a fee, in addition to the Subscription Fee (as applicable), which shall be charged either by the relevant Service Provider offering such Service and/or Subscription Service (as the case may be), or by Dubai Trade, on behalf of such Service Provider (“Third-Party Service Fee”). The User accepts that the payment of any such Third-Party Service Fee shall be subject to the specific terms and conditions as may be levied by the relevant Service Provider in this respect.
• We reserve the right to suspend a User’s access to all or any part of the Subscription Service with 2 (two) days’ advance notice to the User of non-payment of any part of the Subscription Fee past its due date. If a User’s access to the Subscription Service is suspended for non-payment of the Subscription Fee, We may charge the User a re-activation fee to reinstate the Subscription Service.
• When You subscribe to a Subscription Service, You must provide Us with complete and accurate contact information and credit card information (where applicable). As a User, You authorize Us to:
• charge Your credit card for the relevant portion of the Subscription Fee or any other charges payable at the beginning of the Initial Subscription Term, and each Renewal Subscription Term; and
• use a third party to process payments, and consent to the disclosure of Your payment information to such third-party service provider.
• No refunds of the Subscription Fees, cancellations, or changes to the Subscription Service will be allowed, unless otherwise agreed in writing by Dubai Trade.
• Dubai Trade shall only be liable to refund any part of the Subscription Fee to a User, which is held by an unappealable order of the court that the User has actually suffered or incurred any loss, or damages resulting directly from the gross negligence or a fraudulent action on part of Dubai Trade in relation to the relevant Subscription Service to which the claim relates to.
• In the event that a User disputes any payments or submits a claim to Dubai Trade for the recovery of any losses or damages incurred by them pursuant to Clause 5.11 hereinabove, the User agrees and acknowledges that Dubai Trade shall only be liable to refund the amounts paid by such User for the Subscription Services and for no additional amounts.

6. 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 Dubai Trade or such Service Provider to whom such intellectual property belongs (as the case may be).
• Dubai Trade 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.

7. DATA COLLECTION

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 User Information and its use by the Company shall be contained in the Privacy Notice. Please review the same in order to better understand Our commitment to maintaining Your privacy.

8. PROHIBITED USE OF THE WEBSITE

• 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 Dubai Trade 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.
• Dubai Trade 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 person and/or User, or damage or destroy the reputation of Dubai Trade or any third party associated with Dubai Trade.
• Abusive Activities. Actions which impose an unreasonable or disproportionately large load on Dubai Trade’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 Dubai Trade 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 Dubai Trade’s intellectual property, name, or logo, including use of Dubai Trade’s trade or service marks, without express consent from Dubai Trade, or in a manner that otherwise harms Dubai Trade or the Dubai Trade brand, or perform any action that implies an untrue endorsement by or affiliation with Dubai Trade; 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 Dubai Trade’s intellectual property, name, or logo or any Marks, including the use of Dubai Trade’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 Dubai Trade, or any group entity of Dubai Trade; or perform any action that implies an untrue endorsement by or affiliation with Dubai Trade.

9. 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. DUBAI TRADE, 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, DUBAI TRADE 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 DUBAI TRADE 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 DUBAI TRADE 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 DUBAI TRADE ARE FREE FROM ANY CYBERATTACKS OR THREATS.
• DUBAI TRADE 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. DUBAI TRADE 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.
• DUBAI TRADE 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 DUBAI TRADE OR THROUGH THE WEBSITE WILL CONSTITUTE ANY WARRANTY AND/OR REPRESENTATION.
• DUBAI TRADE IS NOT OBLIGED TO PRE-SCREEN OR APPROVE ANY CONTENT, BUT DUBAI TRADE 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 DUBAI TRADE’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.
• DUBAI TRADE MAY PAUSE OR INTERRUPT THE WEBSITE AND/OR THE SERVICES AT ANY TIME, AND YOU SHOULD EXPECT PERIODIC DOWNTIME FOR UPDATES TO THE WEBSITE.

10. LIABILITY

• DUBAI TRADE 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 CLAUSE 2.4 (B) HEREINABOVE.
• WE WILL NOT BE RESPONSIBLE TO ANY PERSON WHO IS NOT A USER OR DOES NOT HAVE AN ACCOUNT WITH DUBAI TRADE, 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 IN CLAUSE 4 (PAYMENT FACILITIES) HEREINABOVE, OR ANY THE TERMS AND CONDITIONS OF ANY THIRD PARTY SERVICE PROVIDERS (AS MAY BE APPLICABLE).

11. THIRD-PARTY WEBSITES

• Dubai Trade has entered into agreements with each of the Service Providers from whom You can purchase products or services. You are not a party to these agreements. However, under the terms of such agreements, such Service Providers may impose obligations on Dubai Trade which could impact the way in which the Service Providers provide their products or services or otherwise deal with You.
• Dubai Trade is an independent contractor with each of the Service Providers it provides access to, and for all purposes, Dubai Trade does not have control of, or liability for, the products and services that are provided by such Service Provider. We do not guarantee that the products and services provided to you by the Service Providers shall be of good quality, nor do we attest to the timelines associated with the delivery thereof.

12. INDEMNITIES

• You agree to defend, indemnify, and hold harmless, Dubai Trade, 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
• arising out of or relating to any third party claim.
• You agree to indemnify Dubai Trade 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.

13. APPLICABLE LAW AND DISPUTE RESOLUTION

• Applicable Law. These Terms and Conditions are governed by the laws applicable in the Emirate of Dubai, United Arab Emirates.

• Dispute Resolution. In case of any disputes in relation to this Agreement or any Orders (including the execution and settlement thereof), you agree to submit to the exclusive jurisdiction of the Dubai Courts (excluding the DIFC courts).

14. 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 Dubai Trade and You.
• No Assignment. These Terms and Conditions represent the entire agreement between Dubai Trade 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). Unless otherwise specified in writing by Dubai Trade, these Terms and Conditions shall govern and supersede any other agreement entered into between Dubai Trade and You in respect of Your use of the Website. The Company may assign its rights or obligations pursuant to these Terms and Conditions to any person as We see fit. You agree not to assign any rights under these Terms and Conditions without the Company’s explicit written consent.
• 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. Users 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 Users, 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.
• Acceptance of terms. Your continued use of the Website shall constitute and be deemed as acceptance of these Terms and Conditions and any amendments hereof as set out above.
• Severability. If any part of these Terms shall be invalid or unenforceable, 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. If any provision or part-provision of these Terms and Conditions is, or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this paragraph shall not affect the validity and enforceability of the rest of these Terms and Conditions.

Force majeure. Should either of You or Dubai Trade 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.