1. Acceptance of Terms
1.1 Welcome to DubaiSooq. The following Terms and Conditions sets up the “Membership Agreement” between you and DubaiSooq; under which DubaiSooq offers you access to it’s Services through the web site “http://dubai.dbanksouq.com”. Start using the Services indicates that you accept the terms and conditions mentioned below. If you do not accept all of the terms and conditions, please do not use the Service. By following the registration process, you are indicating your consent to be bound by this agreement and DubaiSooq 's privacy policy.
1.2 DubaiSooq holds the privilege to amend this Agreement at any time by updating the amended terms on the Site. The amended Agreement shall be effective immediately upon publish on site. Your continued use of the Service shall be considered as acceptance of the amended terms. Only an authorized officer of DubaiSooq will modify terms.
2. The Benefits
2.1 Individuals - The Service will be offered free-of-charge for an unspecified time period.
Corporate - The registration will be free of charge while the charges will be defined for certain services obtained.
Members will have the following major features; which may be added, modified, or suspended for scheduled or unscheduled maintenance purposes.
a) Profile – Individual and Company profiles can be amended as of the necessity except for the e-mail address.
b) Products - Allows Corporate Member to display and edit description of their products.
c) Purchase Leads - Allows each Member to display classified ads for products and services on the Site.
2.2 DubaiSooq may terminate all or part of the above Free Member Benefits at any time and reserves the sole right to charge for the Services at any time.
2.3 A Password for each Member is issued to access the Service through respective Member's Account. User Id will be the same User’s e-mail address, while the password will be system generated and sent to the respective User’s e-mail. Each Member shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the Member ID and Password. No Member should share, assign or permit the use of its Account, Member ID or Password to another entity. Each Member is liable for any loss or damage suffered by DubaiSooq as a result of such multiple use of an Account. It’s each Member’s duty to notify DubaiSooq immediately of any such unauthorized use of Account, Member ID or Password or any other breach of security. Each Member hereby agrees that DubaiSooq shall not be liable for any loss or damages arising from the Member's failure to comply with the above said.
2.4 DubaiSooq reserves the sole right to change, upgrade, modify, limit or suspend the Service or any of its related functionalities or applications at any time temporarily or permanently without prior notice.
Further more, DubaiSooq holds the right to introduce new features, functionalities or applications to the Service or to future versions of the Service. All new features, functionalities, applications, modifications, upgrades and alterations shall be governed by this Agreement, unless as stated by DubaiSooq.
2.5 DubaiSooq shall not be responsible to the Member or any third parties for any inability to use the DubaiSooq Services; whether due to interruption, changes or termination of the Service or otherwise, any delays, inaccuracies, errors or omissions with respect to any communications or transmission or delivery of all or any part thereof, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Service.
And any claim against DubaiSooq for pre-mature termination of the Service shall be limited to the amount of subscription fees paid for DubaiSooq services, by the Member. It shall be calculated up on a pro-rata basis for the unused share of the subscription period.
3. Responsibilities
3.1 Each Member hereby agrees to
(a) Provide, maintain and update; true, accurate, current and complete information about itself and its business references as may be required by DubaiSooq and;
(b) Each Member hereby grants an irrevocable, open, sub licensable authority to DubaiSooq to display and use all information provided by such Member in accordance with the purposes 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.
3.2 Each Member hereby represents, guarantees and agrees that the use by such
Member of the Service and the Site shall not:
a) Contain deceitful information or make deceiving offers of items OR include for sale or attempt to sale, fake or stolen items or items which sales and/or marketing is illegal as of applicable law, OR promote any illegal activities;
b) Be part of a scheme to deceive other Members or other users of the Site in any other manner;
c) Breach or encourage to violation any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity and privacy;
d) Violate any applicable law, statute, ordinance or regulation; Including import-export regulations, unfair competition, consumer protection or false advertising;
e) Contain information which are threatening, harassing or Insulting to any party;
f) Contain information or any pornography or sex-related merchandising or any content or promotes sexually explicit materials or else could be harmful to minors;
g) Promote prejudices based on religion, nationality, race, sexual orientation, disability or age;
h) Contain any material which would cause harassment or unauthorized advertising which would Invade anyone's privacy, give rise to civil riot, encourages to form a criminal offence, violate any law or regulation;
i) Involve in any attempts to copy, reproduce, use or disrupt DubaiSooq 's various proprietary databases and directories;
j) Involve any computer Software, Codes, viruses, or other destructive devices which could cause to damage any software or hardware system, data or personal information; and
k) No Member shall attempt to gain unauthorized access to the computer systems or networks used by DubaiSooq and/or any user of the Service and Involve in any process to diminish the operation of such computer systems or networks;
l) Directly include descriptions of goods or services that are “Prohibited” under this Agreement or try to link those in a indirect manner; or
m) Or cause any loss to DubaiSooq or it’s associates.
3.3 Each Member represents and agrees that the information posted on behalf of any business; is after obtaining all necessary consents and approvals from its business partners and associates to (a) act as such Member's business referee; (b) to post and publish their contact details and information and (c) that third parties may contact such business referees to support claims or statements made about the Member.
Each Member further warrants that all reference letters and comments are true and accurate and hereby waives all requirements for such Member's consent to be obtained before third parties may contact the business referees.
3.4 Each Member agrees and acknowledges that DubaiSooq shall not be required to actively monitor nor apply any editorial control whatsoever over the content of any message or other material or information obtained, created or accessible through the Service. DubaiSooq does not certify, endorse or otherwise verify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable for the content of their comments or other material or information.
3.5 Each Member represent, confirm and agrees that it has obtained, all necessary trademark licenses or third party copyright and permissions and shall be solely responsible for ensuring that any information or material it posts on the Site or provides to DubaiSooq or authorizes DubaiSooq to display does not violate the trademark, trade secret copyright or any other personal or proprietary rights of any third party or it is posted with the permission of the owner(s) of such.
3.6 If any Member breaches the representations, warranties and covenants as of above, or if DubaiSooq has reasonable grounds to believe that such Member is in breach of such; DubaiSooq has the right to suspend or terminate the Service and all Free Member Benefits with respect to such Member without any compensation, and reject any and all current or future use of the Service or any other services that may be provided by DubaiSooq.
Further, DubaiSooq reserves the right in it sole diplomacy to remove any material it reasonably believes that is illegal, could subject DubaiSooq to liability, violates this Agreement or the DubaiSooq Terms of Use or is otherwise found inappropriate in DubaiSooq’s opinion.
DubaiSooq reserves the right to co-operate fully with private investigators, governmental authorities and/or third parties in the investigation of any suspected person or act.
Further, DubaiSooq may disclose the Member's identity and contact details, if requested by a government or law enforcement body, as a result of a subpoena or other legal action or to an injured third party and DubaiSooq shall not be liable for damages or results and Member agrees not to bring any action or claim against DubaiSooq for such disclosure.
In connection with any of the foregoing, DubaiSooq may suspend or terminate the Account of any Member, as DubaiSooq deems appropriate in its sole judgment.
3.7 Each Member agrees to indemnify the DubaiSooq, its employees and representatives and to hold them safe, from all claims, losses and liabilities (including legal costs) that may arise from its sub-missions, posting or deletion of information, from the Member's use of the Service or from the Member's breach of the Agreement of DubaiSooq Terms.
DubaiSooq is not responsible, and shall have no liability to any Member or third party for any material posted by such Member or third party (including fraudulent, inaccurate, offensive, misleading or illicit material) and that the risk of damage from such material rests entirely with each Member.
DubaiSooq reserves the right; at it own expense, to exclusively resist and control of any matter; otherwise subject to compensation by the Member, in which case the Member shall co-operate with DubaiSooq in asserting any available defences.
4. The Dealings Between the Buyer and Supplier
4.1 DubaiSooq provides an electronic web-based platform to exchange information between buyers and suppliers of products and services. DubaiSooq neither represent the seller nor the buyer.
And in specific transactions which commissions are not charged; DubaiSooq does not control and is not responsible for the quality, lawfulness, safety or availability of the products or services offered for sale; and the supplier’s or the buyer’s ability to complete a transaction.
4.2 Members are hereby made aware that there may be risks dealing with people acting under false pretences. DubaiSooq 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, DubaiSooq cannot and does not confirm each user's purported identity. We encourage you to use the various tools available on the Site, as well as common sense, to evaluate with whom you are dealing.
4.3 The risks of purchase and communication when using the Site to conduct transactions shall not be limited to, misrepresentation of products and services but fraudulent schemes, defective products, delay or default in delivery or payment, unsatisfactory quality, failure to meet specifications, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Each Member agrees that DubaiSooq shall not be liable or responsible for any damages that may arise a result of or in connection with any or all of above Risks.
4.4 Members are solely liable for all the transactions conducted on, through or as a result of use of the Site; including, without any limitation, regarding; payments, returns, warranties, fees, taxes, fines, permits, title, licenses, handling, shipping, storage, insurance and transportation.
4.5 In the event that any Member has a dispute with any party with regard to a transaction, such Member agrees to release and indemnify DubaiSooq and it’s crew from all claims, actions, proceedings, expenses and damages (without any limitation) arising out of or in connection with such transaction.
5. Limitation of Liability
5.1 The features and services on the DubaiSooq site is accountable on an "as it is" available basis. And DubaiSooq hereby disclaims any and all warranties, expressed Or Implied, including but not limited to any Warranties of condition.
5.2 DubaiSooq makes no representations of guaranty about the validity, stability, accuracy, latest ness, quality or reliability of any information provided on or through the site.
5.3 Each Member is solely responsible for any damages caused to its computer system that may result from downloading of any material through the Site. And DubaiSooq disclaims it as it’s done at each Member's sole discretion and risk. And there won’t be any warranty of anyhow from the DubaiSooq‘s part.
5.4 Under no circumstances shall DubaiSooq be held responsible for any delay, failure or interruption of the substance or services, delivered through the Site, resulting directly or indirectly, without limitation; due to acts of nature, forces or causes beyond its reasonable control,
E.g.: Computer, telecommunications, equipment or power failures, war, governmental actions, orders of domestic or foreign courts or tribunals, labour disputes, civil disturbances, fires, flood, storms, explosions, Acts of God or non-performance of third parties…etc.
5.5 Each Member hereby agrees to underwrite DubaiSooq and its affiliates harmless, from any and all claims, liabilities (including all legal costs) which may arise from such Member's use of the Site or from its breach of any of the terms and conditions of the Agreement.
Each Member further agrees that DubaiSooq is not responsible and shall have no liability to it, for any substance posted by third parties; with offensive or illicit material and that the risk of damages from such material rests entirely with each Member.
DubaiSooq reserves the right; at its own expense, to assume the special resistance and control of any matter otherwise subject to indemnification by you, in which event you shall co-operate with DubaiSooq in asserting any available defences.
5.6 DubaiSooq 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, loss of information, business interruption); whether in contract, tort, negligence, 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, information, samples, services or data purchased or obtained from a Member or a third-party service provider through the Site;
c) Illicit access by third parties to data or private information of any Member;
d) Statements or behaviour of any Member of the Site; or
e) Any matters relating to Paid Services however arising, including negligence.
6. Intellectual Property Rights
6.1 DubaiSooq is the sole owner or lawful licensee of all the rights to the Site and the DubaiSooq Content. The Site and DubaiSooq 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 DubaiSooq Content shall remain with DubaiSooq, its affiliates or licensors of the DubaiSooq Content, as the case may be. All rights not otherwise claimed under this Agreement or by DubaiSooq are hereby reserved.
6.2 "DubaiSooq", "DubaiSooq.com" and related icons and logos are registered trademarks or trademarks or service marks of DubaiSooq.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.
7. General
7.1 Subject to any additional agreements relating to Paid Services, this Agreement and the Privacy Policy constitute the entire agreement between the Member and DubaiSooq 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.
7.2 DubaiSooq and the Members are independent contractors, and no partnership, joint venture, agency, franchiser-franchisee or employee-employer relationship is intended or created by this Agreement.
7.3 If any provision herein is held to be illogical or unenforceable, such provision shall be skipped and the remaining provisions shall be enforced.
7.4 Headings are for reference purposes only and in no way define, limit or describe the range or extent of such section.
7.5 DubaiSooq’s failure to enforce any situation or failure to act with respect to any breach, by a Member, under these terms and conditions will not waive that incident nor waives DubaiSooq’s right to act with respect with similar breaches succeeding.
7.6 DubaiSooq shall have the right to assign its obligations and duties in this Agreement and in any agreement relating to Paid Services to any person or entity.
7.7 This Agreement shall be governed by the laws of United Arab Emirates, without regard, to its conflict of law provisions. The parties to this Agreement hereby submit to the exclusive jurisdiction of the courts of UAE.