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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!
This Term of Use Agreement (the "Agreement") describes
the terms and conditions applicable to your use of the
KUNOOZDUBAI web site, which is identified by the uniform
resource locator
www.TANZELAAT.com
(the "Site"). This Agreement is entered into between you
as the user of the Site (the "User") and
KUNOOZ DUBAI
INFO TECH CO LLC
("KUNOOZDUBAI ").
1. Application of and Acceptance of Terms and
Conditions.
1.1 For purposes of this Agreement, a "User" is any
person who accesses the Site for whatever purpose,
regardless of whether such User has registered with
KUNOOZDUBAI as a registered user or whether such User is
a paying customer for a specific service provided by
KUNOOZDUBAI. A User includes the person using this Site
and any legal entity which may be represented by such
person under actual or apparent authority.
1.2 By accessing or using the Site, you hereby agree to
accept the terms and conditions set forth in this
Agreement as a User. You shall be bound by the terms and
conditions of this Agreement with respect to your access
or use of this Site and any further upgrade,
modification, addition or change to this Site. If you do
not accept all of the terms and conditions of this
Agreement, please do not use this Site.
1.3 This Agreement applies to each Premium Service (as
defined below) in addition to any terms and conditions
that may be applicable to such specific Premium Service
provided, however, that
A. in the event of any conflict or inconsistency between
any provision of the terms and conditions that may be
applicable to such Premium Service and any provision of
this Agreement, such conflict or inconsistency shall
(except as otherwise expressly provided or agreed) be
resolved in a manner favourable to KUNOOZDUBAI and/or
its affiliates; and
B. only to the extent that such conflict or
inconsistency cannot be so resolved the provisions of
the terms and conditions applicable to such specific
Premium Service shall prevail.
1.4 KUNOOZDUBAI may amend this Agreement at any time by
posting the amended and restated Agreement on the Site.
The amended and restated Agreement shall be effective
immediately upon posting.
This Agreement was last amended on May 2008.
Posting by KUNOOZDUBAI of the amended and restated
Agreement and your continued use of the Site shall be
deemed to be acceptance of the amended terms.
This Agreement may not otherwise be modified, except in
writing by an authorized officer of KUNOOZDUBAI.
2. Premium Services
1.1 Access to the Site and certain of its features are
provided to all Users free of charge. However,
KUNOOZDUBAI reserves the right, without prior notice, to
restrict access to certain areas or features of the Site
("Premium Services") to paying Users or Users who
undergo a specific registration process. Access to and
use of these Premium Services is governed by additional
terms and conditions under separate agreements in
addition to this Agreement.
2.1 Access to the Site and certain of its features are
provided to all Users free of charge. However,
KUNOOZDUBAI reserves the right, without prior notice, to
restrict access to certain areas or features of the Site
("Premium Services") to paying Users or Users who
undergo a specific registration process. Access to and
use of these Premium Services is governed by additional
terms and conditions under separate agreements in
addition to this Agreement.
3. Users Generally.
3.1 Users may use this Site solely for their own
personal or internal purposes. Each User agrees that it
shall not copy, reproduce or download any information,
text, images, video clips, directories, files, databases
or listings available on or through the Site (the "
KUNOOZDUBAI Content") for the purpose of re-selling or
re-distributing the KUNOOZDUBAI Content, mass mailing
(via emails, wireless text messages, physical mail or
otherwise), operating a business that competes with
KUNOOZDUBAI, or otherwise commercially exploiting the
KUNOOZDUBAI Content. Systematic retrieval of KUNOOZDUBAI
Content from this Site to create or compile, directly or
indirectly, a collection, compilation, database or
directory (whether through robots, spiders, automatic
devices or manual processes) without written permission
from KUNOOZDUBAI is prohibited. In addition, use of the
content or materials for any purpose not expressly
permitted in this Agreement is prohibited.
3.2 Some of the KUNOOZDUBAI Content displayed on this
Site is provided or posted by third parties ("Third
Party Content"). Neither KUNOOZDUBAI nor any of our
affiliates, directors, officers or employees has entered
into any sales agency relationship with such third party
by virtue of KUNOOZDUBAI's display of the Third Party
Content on the Site. Any Third Party Content is the sole
responsibility of the party who provided the content.
KUNOOZDUBAI is not responsible for the accuracy,
propriety, lawfulness or truthfulness of any Third Party
Content, and shall not be liable to any User in
connection with such User's reliance of such Third Party
Content. In addition, KUNOOZDUBAI is not responsible for
the conduct of any User's activities on the Site, and
shall not be liable to any person in connection with any
damage suffered by any person as a result of such User's
conduct.
3.3 KUNOOZDUBAI may allow Users access to content,
products or services offered by third parties through
hyperlinks (in the form of word link, banners, channels
or otherwise) to such third party's web site. You are
cautioned to read such sites' terms and conditions
and/or privacy policies before using such sites in order
to be aware of the terms and conditions of your use of
such sites. User acknowledges that KUNOOZDUBAI has no
control over such third party's web site, does not
monitor such sites, and KUNOOZDUBAI shall not be
responsible or liable to anyone for such web site, or
any content, products or services made available on such
web site.
3.4 Messages or information sent by a User through
communication systems provided by the Site, or through
emails, fax or letters to addressees obtained from the
Site, shall not contain any of the materials described
in the provisions of Section 5.5 below.
3.5 KUNOOZDUBAI reserves the right to limit, deny or
create different access to the Site and its features
with respect to different Users, or to change any of the
features or introduce new features without prior notice.
Each User acknowledges that inability to use the Site
wholly or partially for whatever reason may have adverse
effects on its business. Each User hereby agrees that in
no event shall KUNOOZDUBAI be liable to the User or any
third parties for any inability to use the Site (whether
due to disruption, limited access, changes to or
termination of any features on the Site or otherwise),
any delays, errors or omissions with respect to any
communications or transmission, or any damage (direct,
indirect, consequential or otherwise) arising from the
use of or inability to use the Site or any of its
features.
3.6 No User shall undertake any scheme to undermine
the integrity of the computer systems or networks used
by KUNOOZDUBAI and/or any other User and no User shall
attempt to gain unauthorized access to such computer
systems or networks.
3.7 We urge that you read KUNOOZDUBAI's
Privacy Policy
which governs the protection and use of each User's
information in KUNOOZDUBAI's possession. Each User
hereby accepts the Privacy Policy and any updates and
amendments thereto. Each User acknowledges that
KUNOOZDUBAI may change the Privacy Policy from time to
time provided that KUNOOZDUBAI shall make available the
updated version of the Privacy Policy on the Site at all
times. Your continuation of use of the Site shall be
deemed to be your acceptance of the Privacy Policy which
is then displayed on the Site at the time of such use.
4. Registered Users
4.1 Each User who has filled out an on-line
registration form on the Site by giving its information
(such as name, address, telephone and fax number, email
address, details of its business, etc.) is a registered
user of KUNOOZDUBAI (a "Registered User"). KUNOOZDUBAI
will establish an account ("Account") for each
Registered User and each Registered User will be
assigned a user alias ("User ID") and password
("Password") for log-in access to its own Account.
4.2 KUNOOZDUBAI may assign a web-based email account
with limited storage space for the User to send or
receive email (the "Email Account"). The User shall be
responsible for all users and the content of all the
messages communicated through the Email Account, as well
as the consequences of any such message.
4.3 If the Registered User is a business entity, you
represent that (a) you have the authority to bind the
entity to this Agreement; (b) the address you use when
registering is the principal place of business of such
business entity; and (c) all other information submitted
to KUNOOZDUBAI during the registration process is true,
accurate, current and complete. For purposes of this
provision, a branch or representative office will not be
considered a separate entity and its principal place of
business will be deemed to be that of its head office.
4.4 By becoming a Registered User, you consent to the
inclusion of your personal data in our Global Buyer
Database and authorize KUNOOZDUBAI to share such
information with other Users.
4.5 KUNOOZDUBAI may suspend or terminate a Registered
User's Account or Email Account at any time by giving no
less than 24-hour notice to the Registered User;
provided, however, that notice is not required for such
termination if (a) in KUNOOZDUBAI's determination, there
is any breach of the provisions of this Agreement by the
Registered User; or (b) KUNOOZDUBAI has reasonable
grounds to suspect that such information provided by a
Registered User is untrue, inaccurate or is not current
or complete, or (c) KUNOOZDUBAI believes that the
Registered User's actions may cause financial loss or
legal liability to such Registered User, KUNOOZDUBAI's
other Users, or KUNOOZDUBAI or its affiliates.
4.6 The Registered User shall not use the Email
Account for junk mail, chain letters or spamming or the
transmission of any unlawful, harassing, libellous,
abusive, threatening, harmful, vulgar, obscene or
otherwise objectionable material or any kind or nature.
Further, the Registered User shall not use the Email
Account to publish, distribute, transmit or circulate
any unsolicited advertising or promotional information
or any content that is obscene, indecent, seditious,
offensive, defamatory, threatening, or which incites or
results in causing racial hatred, discrimination, menace
or breach of confidence.
4.7 A Registered User may not sell, attempt to sell,
offer to sell, give, assign or otherwise transfer an
Account, User ID or Password to a third party without
the prior written consent of KUNOOZDUBAI. KUNOOZDUBAI
may suspend or terminate the Account of a Registered
User or the transferee of a Registered User in the event
of a sale, offer to sell, gift, assignment or transfer
in violation of this Section.
4.8 Notwithstanding Section 4.1 above, KUNOOZDUBAI may
refuse registration and deny the issuance of an Account
and/or Email Account and associated User ID and Password
to any User for whatever reason.
5. Users Who Post Information on KUNOOZDUBAI
5.1 You must be a Registered User in order to post
information on the Site using the self-help submit and
edit tools provided through the Site. Your status as a
Registered User is governed by the provisions of Section
4 above.
5.2 No sales agency relationship is created between any
User and KUNOOZDUBAI, our affiliates, directors,
officers or employees by virtue of KUNOOZDUBAI's display
of any of the User's information on the Site.
5.3 Each User hereby represents warrants and agrees to
(a) provide KUNOOZDUBAI with true, accurate, current and
complete information to be displayed on the Site and (b)
maintain and promptly amend all information to keep it
true, accurate, current and complete. Each User hereby
grants an irrevocable, perpetual, worldwide and
royalty-free, sub licensable (through multiple tiers)
license to KUNOOZDUBAI to display and use all
information provided by such User in accordance with the
purposes set forth in this Agreement and to exercise the
copyright, publicity, and database rights you have in
such material or information, in any media now known or
not currently known.
5.4 Each User hereby represents, warrants and agrees
that it has obtained all necessary third party
copyright, trademark trade secret or patent licenses and
permissions, or such other licenses or permissions as
may be required in connection with any other personal or
proprietary rights of any third party (including but not
limited to rights of personality and rights of privacy),
for any material or information it posts on the Site or
provides to KUNOOZDUBAI or authorizes KUNOOZDUBAI to
display. (Third party copyrights, trademarks, trade
secret rights, patents and other personal or proprietary
rights affecting or relating to material or information
displayed on the Site (including but not limited to
rights of personality and rights of privacy), or
affecting or relating to products that are offered or
displayed on the Site, are hereafter referred to as
"Third Party Rights.") Each User hereby represents,
warrants and agrees that it shall be solely responsible
for ensuring that any material or information it posts
on the Site or provides to KUNOOZDUBAI or authorizes
KUNOOZDUBAI to display does not, and that the products
represented thereby do not, violate any Third Party
Rights, or is posted with the permission of the owner(s)
of such rights. Each User hereby represents warrants and
agrees that it has the right to manufacture, offer,
sell, import and distribute the products it offers and
displays on the Site, and that such manufacture, offer,
sale, importation and/or distribution of those products
violates no Third Party Rights.
5.5 Each User hereby represents warrants and agrees that
information submitted to KUNOOZDUBAI.
A. Not contain fraudulent information or make fraudulent
offers of items or involve the sale or attempted sale of
counterfeit or stolen items or items whose sales and/or
marketing is prohibited by applicable law, or otherwise
promote other illegal activities;
B. is not part of a scheme to defraud other Users of the
Site or for any other unlawful purpose; relate to sale
of products or services that infringe or otherwise abet
or encourage the infringement or violation of any third
party's copyright, patent, trademarks, trade secret or
other proprietary right or rights of publicity or
privacy, or any other Third Party Rights;
C. not violates any applicable law, statute, ordinance
or regulation (including without limitation those
governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising);
D. is not defamatory, libellous, unlawfully threatening
or unlawfully harassing;
F. be obscene or contain or infer any pornography or
sex-related merchandising or any other content or
otherwise promotes sexually explicit materials or is
otherwise harmful to minors;
G. not promotes discrimination based on race, sex,
religion, nationality, disability, sexual orientation or
age;
§
Excessive profanity
§
Violence, racial intolerance, or advocate against any
individual, group, or organization
§
Hacking/cracking content
§
Illicit drugs and drug paraphernalia
§
Pornography, adult, or mature content
§
Gambling or casino-related content
§
Excessive advertising
§
Any other content that promotes illegal activity or
infringes on the legal rights of others.
§
Sales or promotion any kind of weapons, such as
firearms, ammunition, Bali songs, butterfly knives, and
brass knuckles
§
Sales or promotion of beer or hard alcohol
§
Sales or promotion of tobacco or tobacco-related
products
§
Sales or promotion of prescription drugs
§
Sales or promotion of products that are replicas or
imitations of designer goods
H. Not contain any material that constitutes
unauthorized advertising or harassment (including but
not limited to spamming), invades anyone's privacy or
encourages conduct that would constitute a criminal
offence, give rise to civil liability, or otherwise
violate any law or regulation;
I. solicits business from any Users in connection with a
commercial activity that competes with KUNOOZDUBAI;
J. contain any computer viruses or other destructive
devices and codes that have the effect of damaging,
interfering with, intercepting or expropriating any
software or hardware system, data or personal
information;
K. link directly or indirectly to or include
descriptions of goods or services that are prohibited
under this Agreement; or
L. otherwise create any liability for KUNOOZDUBAI or its
affiliates.
5.6 KUNOOZDUBAI reserves the right in its sole
discretion to remove any material displayed on the Site
which it reasonably believes is unlawful, could subject
KUNOOZDUBAI to liability, violates this Agreement or is
otherwise found inappropriate in KUNOOZDUBAI's opinion.
KUNOOZDUBAI reserves the right to cooperate fully with
governmental authorities, private investigators and/or
injured third parties in the investigation of any
suspected criminal or civil wrongdoing. Further,
KUNOOZDUBAI may disclose the User's identity and contact
information, if requested by a government or law
enforcement body, an injured third party, or as a result
of a subpoena or other legal action, and KUNOOZDUBAI
shall not be liable for damages or results thereof and
User agrees not to bring any action or claim against
KUNOOZDUBAI for such disclosure. In connection with any
of the foregoing, KUNOOZDUBAI may suspend or terminate
the Account of any User as KUNOOZDUBAI deems appropriate
in its sole discretion. User agrees that KUNOOZDUBAI
shall have no liability to User, including no liability
for consequential or any other damages, in the event
KUNOOZDUBAI takes any of the actions mentioned in this
Section, and that User agrees to bear the risk that
KUNOOZDUBAI may take such actions.
6. Transactions between Buyers and Suppliers
6.1Through the Site, KUNOOZDUBAI provides an electronic
web-based platform for exchanging information between
buyers and suppliers of products and services.
KUNOOZDUBAI does not represent the seller nor the buyer
in specific transactions and does not charge any
commissions from completing any transactions. As a
result, KUNOOZDUBAI does not control and is not liable
to or responsible for the quality, safety, lawfulness or
availability of the products or services offered for
sale on the Site or the ability of the suppliers to
complete a sale or the ability of buyers to complete a
purchase.
6.2 Users are hereby made aware that there may be risks
of dealing with people acting under false pretences.
KUNOOZDUBAI uses several techniques to verify the
accuracy of the information our users provide us when
they register on the Site. However, because user
verification on the Internet is difficult, KUNOOZDUBAI
cannot and does not confirm each User's purported
identity (including, without limitation, Trusted
Members). We encourage you to use the various tools
available on the Site, as well as common sense, to
evaluate with whom you are dealing.
6.3 Each User acknowledges that it is fully assuming the
risks of purchase and sale transactions when using the
Site to conduct transactions, and that it is fully
assuming the risks of liability or harm of any kind in
connection with subsequent activity of any kind relating
to products or services that are the subject of
transactions using the Site. Such risks shall include,
but are not limited to, mis-representation of products
and services, fraudulent schemes, unsatisfactory
quality, failure to meet specifications, defective or
dangerous products, unlawful products, delay or default
in delivery or payment, cost mis-calculations, breach of
warranty, breach of contract and transportation
accidents. Such risks also include the risks that the
manufacture, importation, distribution, offer, display,
purchase, sale and/or use of products or services
offered or displayed on the Site may violate or may be
asserted to violate Third Party Rights, and the risk
that User may incur costs of defence or other costs in
connection with third parties' assertion of Third Party
Rights, or in connection with any claims by any party
that they are entitled to defence or indemnification in
relation to assertions of rights, demands or claims by
Third Party Rights claimants. Such risks also include
the risks that consumers, other purchasers, end-users of
products or others claiming to have suffered injuries or
harms relating to product originally obtained by Users
of the Site as a result of purchase and sale
transactions in connection with using the Site may
suffer harms and/or assert claims arising from their use
of such products. All of the foregoing risks are
hereafter referred to as "Transaction Risks." Each User
agrees that KUNOOZDUBAI shall not be liable or
responsible for any damages, liabilities, costs, harms,
inconveniences, business disruptions or expenditures of
any kind that may arise a result of or in connection
with any Transaction Risks.
6.4 Users are solely responsible for all of the terms
and conditions of the transactions conducted on, through
or as a result of use of the Site, including, without
limitation, terms regarding payment, returns,
warranties, shipping, insurance, fees, taxes, title,
licenses, fines, permits, handling, transportation and
storage.
6.5 In the event that any User has a dispute with any
party to a transaction, such User agrees to release and
indemnify KUNOOZDUBAI (and our agents, affiliates,
directors, officers and employees) from all claims,
demands, actions, proceedings, costs, expenses and
damages (including without limitation any actual,
special, incidental or consequential damages) arising
out of or in connection with such transaction.
7. Limitation of Liability
7.1 THE FEATURES AND SERVICES ON THE KUNOOZDUBAI SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND
KUNOOZDUBAI HEREBY EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY,
DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL
SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS,
UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED.
7.2 KUNOOZDUBAI MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY,
QUALITY, STABILITY, COMPLETENESS OR CORRECTNESS OF ANY
INFORMATION PROVIDED ON OR THROUGH THE SITE. KUNOOZDUBAI
DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE,
IMPORTATION, DISTRIBUTION, OFFER, DISPLAY, PURCHASE,
SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR
DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY
RIGHTS; AND KUNOOZDUBAI MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE
OFFERED OR DISPLAYED ON THE KUNOOZDUBAI SITE.
7.3 Any material downloaded or otherwise obtained
through the Site is done at each User's sole discretion
and risk and each User is solely responsible for any
damage to its computer system or loss of data that may
result from the download of any such material. No advice
or information, whether oral or written, obtained by any
User from KUNOOZDUBAI or through or from the Site shall
create any warranty not expressly stated herein.
7.4 Under no circumstances shall KUNOOZDUBAI be held
liable for an delay or failure or disruption of the
content or services delivered through the Site resulting
directly or indirectly from acts of nature, forces or
causes beyond its reasonable control, including without
limitation, Internet failures, computer,
telecommunications or any other equipment failures,
electrical power failures, strikes, labor disputes,
riots, insurrections, civil disturbances, shortages of
labor or materials, fires, flood, storms, explosions,
Acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals or
non-performance of third parties.
7.5 Each User hereby agrees to indemnify and save
KUNOOZDUBAI its affiliates, directors, officers and
employees harmless, from any and all losses, claims,
liabilities (including legal costs on a full indemnity
basis) which may arise from such User's use of the Site
(including but not limited to the display of such User's
information on the Site) or from its breach of any of
the terms and conditions of this Agreement. Each User
hereby further agrees to indemnify and save KUNOOZDUBAI,
its affiliates, directors, officers and employees
harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which
may arise from User's breach of any representations and
warranties made by User to KUNOOZDUBAI, including but
not limited to those set forth in Sections 5.3, 5.4 and
5.5 above. Each User hereby further agrees to indemnify
and save KUNOOZDUBAI, its affiliates, directors,
officers and employees harmless, from any and all
losses, claims, liabilities (including legal costs on a
full indemnity basis) which may arise, directly or
indirectly, as a result of any claims asserted by Third
Party Rights claimants or other third parties relating
to products offered or displayed on the Site. Each User
hereby further agrees that KUNOOZDUBAI is not
responsible and shall have no liability to it, for any
material posted by others; including defamatory,
offensive or illicit material and that the risk of
damages from such material rests entirely with each
User. KUNOOZDUBAI reserves the right; at its own
expense, to assume the exclusive defence and control of
any matter otherwise subject to indemnification by you,
in which event you shall cooperate with KUNOOZDUBAI in
asserting any available defences.
7.6 KUNOOZDUBAI shall not be liable for any special,
direct, indirect, punitive, incidental or consequential
damages or any damages whatsoever (including but not
limited to damages for loss of profits or savings,
business interruption, loss of information), whether in
contract, negligence, tort, strict liability or
otherwise or any other damages resulting from any of the
following:
A. the use or the inability to use the Site;
B. any defect in goods, samples, data, information or
services purchased or obtained from a User or a
third-party service provider through the Site;
C. violation of Third Party Rights or claims or demands
that Users' manufacture, importation, distribution,
offer, display, purchase, sale and/or use of products or
services offered or displayed on the Site may violate or
may be asserted to violate Third Party Rights; or claims
by any party that they are entitled to defence or
indemnification in relation to assertions of rights,
demands or claims by Third Party Rights claimants
D. unauthorized access by third parties to data or
private information of any User;
E. statements or conduct of any User of the Site; or
F. any matters relating to Premium Services however
arising, including negligence.
8. Intellectual Property Rights
8.1 KUNOOZDUBAI is the sole owner or lawful licensee
of all the rights to the Site and the KUNOOZDUBAI
Content. The Site and KUNOOZDUBAI Content embody trade
secrets and intellectual property rights protected under
worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Site and
KUNOOZDUBAI Content shall remain with KUNOOZDUBAI, its
affiliates or licensors of the KUNOOZDUBAI Content, as
the case may be. All rights not otherwise claimed under
this Agreement or by KUNOOZDUBAI are hereby reserved.
8.2 KUNOOZDUBAI", "KUNOOZDUBAI.COM," and related icons
and logos are registered trademarks or trademarks or
service marks of KUNOOZDUBAI.com Corporation in various
jurisdictions and are protected under applicable
copyright, trademark and other proprietary rights laws.
The unauthorized copying, modification, use or
publication of these marks is strictly prohibited.
9. Notices
9.1 All notices or demands to or upon KUNOOZDUBAI shall
be effective if in writing and shall be duly made when
sent to KUNOOZDUBAI in the following manner: to: P.O.
Box 123489 Dubai UAE.
9.2 All notices or demands to or upon a User shall be
effective if either delivered personally, sent by
courier, certified mail, by facsimile or email to the
last-known correspondence, fax or email address provided
by the User to KUNOOZDUBAI, or by posting such notice or
demand on an area of the Site that is publicly
accessible without a charge. Notice to a User shall be
deemed to be received by such User if and when (a)
KUNOOZDUBAI is able to demonstrate that communication,
whether in physical or electronic form, has been sent to
such User, or (b) immediately upon KUNOOZDUBAI's posting
such notice on an area of the Site that is publicly
accessible without charge.
10. General
10.1 subject to any additional agreements relating to
Trusted Member Services, this Agreement and the Privacy
Policy constitute the entire agreement between the User
and KUNOOZDUBAI with respect to access to and use of the
Site, superseding any prior written or oral agreements
in relation to the same subject matter herein.
10.2 KUNOOZDUBAI and the User are independent
contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement.
10.3 If any provision herein is held to be invalid or
unenforceable, such provision shall be struck and the
remaining provisions shall be enforced.
10.4 Headings are for reference purposes only and in no
way define, limit, construe or describe the scope or
extent of such section.
10.5 KUNOOZDUBAI's failure to enforce any right or
failure to act with respect to any breach by a User
under these terms and conditions will not waive that
right nor waives KUNOOZDUBAI's right to act with respect
with subsequent or similar breaches.
10.6 KUNOOZDUBAI shall have the right to assign its
obligations and duties in this Agreement and in any
agreement relating to Premium Services to any person or
entity.
10.7 This Agreement shall be governed by the laws of
the Dubai Chamber of Commerce. |