Definitions
Account: means the Account allocated to the User by virtue of completing the Registration process on the Company’s Website.
Affiliate: means, an individual, a partnership, a corporation, a limited liability company, an association, a joint stock company, a trust, a joint venture, or an unincorporated organization, that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control or is with, the Company or and is engaged by the Company for the purpose of provision of the Services.
Aggregated Data: means any non-personal data of the User that may be used by the Company to enhance the operation of the website or analyze interest in the areas of the Website.
Booking: means a transaction initiated by the User and accepted by the Company for the provision of Services.
Chef: means a chef duly licensed and employed by the Company for the provision of Services.
Communication Service: has the meaning given to it at Clause 4.16.
Company: means Hey Chef Hospitality Services LLC, a limited liability company incorporated under professional license no. 865120 by the Department of Economic Development Dubai, UAE.
Cookies: means small bits of data cached in a User’s browser. The Company utilizes cookies to determine whether or not the User has visited the home page of the Website in the past.
Mandatory Disclosure: The information collected by the Company via the Website to complete the Registration, process orders, keep the User informed about the order status, notify of services or special offers that may be of interest to the User and for such purposes as outlined at Clause 5.1.2
Notice: has the meaning given to it at Clause 4.17
Optional Disclosure: has the meaning given to it at Clause 5.1.3
Personally Identifiable Information: any data or information that may be used to identify the User.
Registration: means the process via which the User creates an Account with the Company via the Website.
Registration Form: means the form that ought to be completed by the User during the Registration process.
Service Product: means the food (whether liquid or solid) produced by the Chefs in consequence of the provision of Services.
Services: means the Services provided by the Company to the User as outlined at Clause 3.
Terms and Conditions: means these Terms and Conditions effective and binding on the User who uses and accesses the Website or the Services (other than to read these Terms and Conditions for the first time).
Booking Receipt: the receipt issued to the User by the Company in accordance with the Clause 4.5
UAE: means the United Arab Emirates
User: means any individual, whether acting in personal capacity or on behalf of any other legal entity who accesses the Website or uses the Services of the Company.
Website: means www.heychef.ae owned and controlled by the Company
1. Eligibility To Use The Services
1.1 By using or accessing the Website, or completing the Registration with the Company, the User confirms and warrants that he is at least eighteen (18) years of age or above and is fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions. The User agrees to be legally bound by these Terms and Conditions, including the laws of the UAE, as applicable to the use of or access to or Registration with the Website and the Company.
1.2 If the User does not wish to be bound by these Terms and Conditions, then the User shall not access, use or complete the Registration with the Website and the Company.
2. Acceptance Of Terms
2.1 The Services provided by the Company to the User are subject to the following Terms and Conditions. The Company reserves the right to update the Terms and Conditions at any time without notice to the User.
2.1.1 The Terms and Conditions set forth the terms and conditions applicable to the use of the Website by the User. By using the Website (other than to read these Terms and Conditions for the first time), the User agrees to comply with all of the terms and conditions hereof. The right to use the Website is personal to the User and is not transferable to any other person or entity. The User is responsible for all use of the User’s Account (under any screen name or password) and for ensuring that all use of the User’s Account complies fully with the provisions of these Terms and Conditions. The User shall be responsible for protecting the confidentiality of the User’s Account and password(s), if any.
2.1.2 The benefits of the Company outlined in the Terms and Conditions may be assigned by the Company to its subsidiaries, affiliates and its third-party content providers and licensors (“Affiliates”) and upon occurrence of the assignment as stated in this Clause 2.1.2, each Affiliate shall have the right to assert and enforce such provisions directly or on its own behalf.
3. Description Of Services
Through the Website, the Company provides the User with access to a selection of specialized Chef(s) (Subject to the description at Clause 5.5 of these Terms and Conditions) who shall visit the premises selected by the User, so long as such premises is located in the UAE and prepare the Service Product as requested by the User. The User shall provide the Chef with all the food ingredients and equipment as is necessary for the completion of the Services and the Service Product. The User’s request for the Company’s Services constitutes an offer which is subject to the Company’s approval and no binding Booking shall exist until and unless the Company’s approval is attained. The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms and Conditions.
4. User Conduct
4.1 If any of the Services require the User to operate an Account, the User must complete the Registration process by providing the Company with the current, complete and accurate information as prompted by the applicable Registration Form. The User shall choose a password and a username. The User will be solely and entirely responsible for maintaining the confidentiality of the username and password and all other information pertaining to the Account. Furthermore, the User is entirely responsible for any and all activities taken or occurred under the User’s account. The User agrees to notify the Company immediately of any unauthorized use of the User’s account or any other breach of security. The Company will not be liable for any loss that the User may incur as a result of someone else using the User’s Account, either with or without the User’s knowledge. The User shall be held liable for the losses incurred by the Company due to someone else using the User’s Account or password. The User shall not use anyone else’s Account, or any information contained therein at any time, without the permission of the Account holder.
4.2 In creating an Account, the User represents to the Company that all information provided to the Company during or by virtue of the Registration process via the Registration Form is true, accurate and correct, and that the User will update the information as and when necessary in order to keep it accurate. If the User is creating an Account, then the User represents to the Company that he is the sole owner and user of the Account. The User shall not impersonate someone else, create or use an Account for anyone other than himself, provide an email address other than his own, create multiple accounts except as otherwise authorized by the Company, or provide or use false information to obtain access to the Services that the User is not legally entitled to claim. The User hereby acknowledges that any false claiming of a business listing may cause the Company or third parties to incur substantial economic damages and losses for which the User may be held liable and accountable.
4.3 No minor under the age of 18 is permitted to complete the Registration process or use an Account or the Website or any Services provided by the Company. No minor shall submit any personal information to the Company. By using the Website, completing the Registration process or creating or using an Account or the Services provided by the company, the User confirms and warrants that he is no less than 18 years of age.
4.4 The User hereby acknowledges that the Company reserves the right to refrain from providing Services to the User should the User fail to comply with the Terms and Conditions. In all circumstances, the Company will not trade with or provide any Services to Office of Foreign Assets Control and its sanctioned countries.
4.5 Any payment ought to be made by the User to the Company for the provision of Services, shall be made online via the Website using Visa and MasterCard credit or debit card. The currency shall be United Arab Emirates (“AED”). The displayed price and currency at the checkout page, will be the same price and currency printed on the Booking Receipt and the payment sum charged to the card will be shown in the User’s card currency.
4.6 It is the responsibility of the User to retain a copy of all the Booking records and merchant policies and rules.
4.7 All Bookings shall be made via the Website only. The User shall not contact or engage the Chef(s) directly, or indirectly, such as via a third-party platform.
4.8 It is the sole responsibility of the User to provide the Chef with the appropriate premises, food ingredients and equipment and disclose all allergens and food ingredient sensitivities of the User and the eventual consumer(s) of the Service Product to the Chef prior to the commencement of the Services. Whilst the Chef may inspect the premises, the food and the equipment and comply with the hygiene standards set by law, the Chef and the Company are not liable to monitor or ensure the safety, workability, condition or appropriateness of the said premises, food ingredients and equipment.
4.9 Unless otherwise specified or approved by the Company in advance, the Services are for the User’s personal and non-commercial use.
4.10 The User agrees not to access (or attempt to access) any of the Services by any means other than the interface that is provided by the Company, unless the User has been specifically allowed to do so, by way of a separate agreement with the Company. The User specifically agrees not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).
4.11 The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United Arab Emirates copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. The User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
4.12 The User shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the User. The User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website, the User automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The User also permits any other User to access, view, store or reproduce the material for that User’s personal use. The User hereby grants the Company the right to edit, copy, publish and distribute any material made available on the Website by the User.
4.13 The User agrees to protect the Company’s proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by the Company or the Company’s Affiliates to protect their and others’ contractual, statutory, and common law rights in the Services. The User acknowledges and agrees that the Company owns all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services.
4.14 The User may use the Website only for lawful purposes. The User shall not use the Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation or spam.
- To knowingly transmit any data, send or upload any material which contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- To reproduce, duplicate, copy or re-sell any part of the Website.
- To access without authority, interfere with, damage or disrupt any part of the Website, any equipment or network on which the Website is stored, any software used in the provision of the Website; or any equipment or network or software owned or used by any third party.
4.15 The Company may, from time to time, provide interactive services on the Website, including, without limitation chat rooms and bulletin boards or any of such other Communication Services. The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. The Company reserves the right to terminate the User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. The Company reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination. The Company specifically disclaims any liability regarding the Communication Services and any actions resulting from User’s participation in any Communication Services. Any use by the User of the Communication Services shall comply with the contribution standards as set out in this Clause 4.16. The User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without the Company’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by the User that in the Company’s discretion restricts or inhibits any other User from using or enjoying the Website will not be permitted. The User shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of other users to become subscribers of other on-line information services competitive with the Company. The User shall not use the Communication Services in connection or for the purposes of surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). The Company shall have the right, but not the obligation, to monitor the content of the Website, including chat rooms and forums, to determine compliance with these Terms and Conditions and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, the Company shall have the right to remove any material that the Company in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
4.16 Should the User wish to make any communication, inquiry, complaint, request or approval or any other notice (“Notice”) to the Company, the Notice must be (i) in writing and in English; (ii) delivered by hand against receipt, or carried by reputable overnight/international courier service, to the Company. The User shall address all the Notices to Hey Chef Hospitality Services, info@heychef.ae, P.O.Box 28746, Office 3801 Concord Tower, Media City, Dubai, UAE.
5. Company Conduct
5.1 Privacy Policy
5.1.1 The privacy policy detailed in this Clause 5 applies to any and all activity carried out by the Company on the Website and shall not apply to any other activity carried out by the Company, such as any activity carried out offline.
5.1.2 The User hereby accepts and consents that the Company has an unequivocal right to collect all the Personally Identifiable Information provided by the User when completing the Registration, completing a Booking via the Website, verifying the User’s credit card data, placing or canceling a Booking, engaging an Affiliate or using any Services of the Company (“Mandatory Disclosure”) so long as such Personally Identifiable Information is used by the Company for the sole purposes for which such Personally Identifiable Information has been provided by the User. The limitation contained herein does not apply to the Company’s storage and usage of Cookies.
5.1.3 Should the Company Request any information from the User for any other purpose not abovementioned in the Clause 5.1.2 (“Optional Disclosure”), the User shall have the right to decline the provision of such information. Should the User consent to the Optional Disclosure, the User shall retain the right to withdraw his consent by issuing a Notice to the Company as outlined at Clause 4.17.
5.1.4 Except as otherwise stated in Clause 5.1.2 and Clause 5.1.3 above, in no circumstance will the Company store, sell, share, rent, lease or disclose to third parties the Personally Identifiable Information of the User obtained through Mandatory Disclosure or Optional Disclosure, such as credit card and debit card data or any other personally identifiable data.
5.1.5 For the protection of the User’s Personally Identifiable Information, the Company takes reasonable hardware and software precautions and follows industry’s best practices to ensure that such information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. For the convenience of the User, the Company reserves the right to transfer the User’s Personally Identifiable Information to the new owners should the Company be acquired or merged with another entity or individual or for such purposes and circumstances as specified in Clause 2.1.2.
5.1.6 Except as otherwise expressly stated in Clause 5.1.4, the Company excludes any and all liability arising out of or in connection to the User’s disclosure of any data, whether Personally Identifiable Information or otherwise, on the Website.
5.1.7 At all times, the Company shall not be held responsible or liable for the privacy policies of the websites to which the Website links. It is the sole responsibility of the User to ensure that the individual privacy policies of the third party linked websites are made known to and understood by the User.
5.2 Service Delivery Policy
Pursuant to the Service description contained in Clause 3, the Company will not provide any goods or products for the completion of the Service. The Company shall only provide a Chef to such location as requested by the User. All transportation costs and expenses shall be borne by the Company.
5.3 Payment Confirmation
The payment for the Service shall be made by the User twenty four (24) hours in advance of the provision of the Service. The User shall receive email confirmation of the receipt of payment by the Company to the same contact details provided by the User via the Registration Form.
5.4 Cancelation and Refund Policy
The User reserves the right to cancel the Booking 96 hours before the scheduled date and time for the provision of Services (“Refund Policy”). All cancellations must be made via written notice to info@heychef.ae. In the event the User cancels the Booking in accordance with the Refund Policy, the User shall be entitled to a refund of the payment made for the Service. In the event the User fails to comply with the Refund Policy stated in this Clause 5.4, the User shall not be entitled to a refund. In all circumstances, refunds will be completed only through the original mode of payment. In all circumstances, any and all tax levied at the time of the Booking shall not be refunded to the User.
5.5 Pricing and Service Description
The User may opt for any of the below mentioned Services. Figure 1 provides a pricing list for all the Services of the Company.
Figure 1
| Service Description | Price per Hour | Minimum Booking Hours | Number of Dishes / Booking Hours | Total Booking Price |
|---|---|---|---|---|
| One Time Service | AED 100 | 2 | Up to a maximum of 3 dishes | AED 200 |
| Weekly Service | AED 85 | 2 | Up to a maximum of 3 dishes | AED 170 |
| Meal-Prep Service | AED 90 | 3 | Up to a maximum of 4 dishes | AED 270 |
| Party Service | AED 175 | 4 | Up to a maximum of 5 dishes | AED 700 |
Please note that the hourly rate will be applied to all bookings if additional time is taken for any service. In addition, any un-utilized hours during a booking cannot be used or transferred for future bookings.
Rescheduled bookings / Booking Credit(s) can be availed by customers within 30 days from the actual date of the booking(s). After 30 days, the booking period and credit will be expired and cannot be used for future bookings.
We will provide you with an ingredients checklist based on the finalized menu and pax. Kindly keep the ingredients ready prior to the service. Alternatively, we would be happy to source the ingredients for you at an additional charge (20% as service fee – based on the cost of the ingredients) once the booking is confirmed. Please note that we would require a minimum 36 hours notice to source the ingredients. Sourcing will remain contingent on the availability of the ingredients. Ingredients sourcing will be applicable to cost of ingredients amounting over AED 100.
6. Changed Terms
The Company shall have the right at any time to change or modify the Privacy Policy or any other term of the Terms and Conditions applicable to User’s use of the Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon posting on the Website. Any use of the Website by User after such posting shall be deemed to constitute acceptance by the User of such changes, modifications or additions. The Company shall further have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability, Services and equipment needed for access or use. It is the responsibility of the User to review the Terms and Conditions and the amendments which follow, if any.
7. Disclaimer of Warranty
7.1 The User acknowledges and agrees that the Services are provided “as is” and “as available” and that the use of the Services shall be at the User’s sole risk. To the fullest extent permitted by applicable law, the Company, its Affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors disclaim all warranties, express or implied, in connection with the Services. To the fullest extent permitted by applicable law, the Company makes no warranties or representations that the Services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the Services’ content and assume no responsibility for any:
- errors, mistakes, or inaccuracies of content,
- personal injury, property damage, consequential loss or any other loss of any nature whatsoever, resulting from your access to and use of the Services,
- any unauthorized access to or use of our servers and/or any and all personal information stored therein,
- any interruption or cessation of transmission to or from the Services and any direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website; the User’s sole remedy is to discontinue use of the Website at own discretion,
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party,
- any loss of your data or content from the services,
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services and/or,
- defamatory, offensive or illegal conduct of other users or third parties.
7.2 Any material downloaded or otherwise obtained through the use of the Services is done at the User’s own discretion and risk and the User will be solely responsible for any damage to his computer system or other device or loss of data that results from the download of any such material. The User is solely responsible for all of communications and interactions with other users of the Services and with other persons with whom the User may communicate or interact as a result of the use of the Services. No advice or information, whether oral or written, obtained by you from the Company or through or from the Services shall create any warranty not expressly stated in the Terms and Conditions. Unless the User has been expressly authorized to do so in writing by the Company, the User agrees that in using the Services, the User will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
8. Limitation of Liability
8.1 The User hereby waives and discharges on behalf of himself, his heirs, executors, administrators, assigns, or personal representatives, any and all rights, claims or causes of action of any kind whatsoever arising out of using the Services and do hereby releases and forever discharges the Company and its Affiliates and staff for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss and for any property damage or loss, that may be suffered as a result of the Services.
8.2 The Company, its Affiliates and Chefs shall bear no responsibility or liability for the appropriateness, safety and freshness of the products, food ingredients (whether in liquid or solid form), premises and equipment provided to the Chefs by the User for the provision of Services. Whilst the Chef may inspect the premises, the food and the equipment, the Company, its Affiliates and the Chefs are not liable to monitor or ensure the safety, workability, condition or appropriateness of the said premises, food ingredients and equipment.
8.3 The Company, its Affiliates and Chefs shall bear no liability for the physical or psychological injury, including but not limited to illness, paralysis, death, damages, tortious, economical or emotional loss that may be suffered by the User or the eventual consumer(s) of the Service Product in consequence of the provision of Services.
8.4 The Company shall also bear no liability for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss that may be suffered by the User or the eventual consumers of the Service Product in consequence of any damage or deficiency caused to the Service Product a factor beyond or out of the control of the Company, its Affiliates or Chefs.
8.5 The Company, its Affiliates and Chefs shall bear no liability for any damage caused to the equipment of the User in consequence or during the provision of Services. Should any such damage to equipment occur, the User may notify the Company and the Company will use reasonable endeavors to provide a reasonable solution or settlement to the User.
8.6 Acceptance of these Terms and Conditions by the User creates a binding agreement between the Company and the User only. It is the obligation of the User to make known to the eventual consumer(s) of the Service Product these Terms and Conditions and the limitations contained specifically in Clause 7 and Clause 8.
9. Force Majeure
Neither the User or the Company will be responsible for any failure or delay in performance due to circumstances beyond reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). In the event the User or the Company is affected by any such event the effected party shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of the due obligations shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
10. Indemnification
10.1 The User agrees to indemnify, defend, and hold harmless the Company and its Affiliates from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
- the User’s Content,
- the User’s unauthorized use of the Services, or products or services included or advertised in the Services.
- the User’s access to and use of the Services.
- the User’s violation of any rights of another party; or
- the User’s breach of these Terms, including, but not limited to, any infringement by the User of the copyright or intellectual property rights of any third party.
10.2 The Company retains the exclusive right to settle, compromise and pay, without the User’s prior consent, any and all claims or causes of action which are brought against the Company. The Company reserves the right, at the User’s expense, to assume the exclusive defense and control of any matter for which the User is required to indemnify the Company and the Users agree to cooperate with the Company’s defense of these claims. The User agrees not to settle any matter in which the Company is named as a defendant and/or for which the User has indemnity obligations without the Company’s prior written consent. The Company will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.
11. Links To The Third Party Sites
11.1 The linked sites or third-party sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of the Website, are those of the respective author(s) or distributor(s) and not of the Company. The User should contact the site administrator for the applicable third-party site for any concerns regarding such links or the content located on any such third-party site.
11.2 Pursuant and for the clarification of the Privacy Policy outlined in Clause 5, the Company will only collect, use and disclose the User’s information to third party service providers to the extent necessary for the performance and completion of the Services.
11.3 However, certain third-party service providers, such as payment gateways and other payment transaction processors, have independent own privacy policies in respect to the information the Company is required to provide to them for the User’s purchase-related transactions or Bookings. With reference to the aforementioned in this Clause 11.3, the third-party providers may be a located in a different jurisdiction from the Company or the User. For these third-party service providers described in this Clause 11.3, the User is recommended to read the respective privacy policies to understand the manner in which the User’s information will be handled by these providers. The Company holds no liability for the privacy policies of other third-party sites.
12. Intellectual Property
12.1 The Company’s logos are trademarks of the Company. All rights reserved. All other trademarks appearing on the Website are the property of their respective owners. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
12.2 When accessing the Website, the User agrees to obey the law and to respect the intellectual property rights of others. The User’s use of the Service and the Website is at all times governed by and subject to the laws regarding copyright, trademark and other intellectual property ownership. The User agrees not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of the Company’s any third party’s copyrights, trademarks or other intellectual property or proprietary rights. The User agrees to abide by the laws regarding copyright ownership and use of intellectual property and the User shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content the User provides or transmits or that is provided or transmitted using the User’s Account.
13. Termination
13.1 The Company shall have the right to immediately terminate the User’s Account in the event of any conduct by the User which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
13.2 The User may, at his own discretion and at any time, terminate the User’s Account and cease all access to the Website. Without prejudice to the aforementioned in this Clause 13.2, on each occasion the User accesses the Website, whether as an Account holder or otherwise, the User accepts the Terms and Conditions.
13.3 Any obligations owed by the User to the Company remain owed to the Company notwithstanding the Termination.
14. Law and Jurisdiction
The Terms and Conditions and the User’s use of the Website and the Services are governed by the laws of the United Arab Emirates. In the event of any dispute between the User and the Company with regards to the Services or these Terms and Conditions, the User and the Company shall attempt to settle the dispute amicably within thirty (30) calendar days from the date the dispute has arisen. In the event the Company and the User fail to reach an amicable settlement, the dispute shall be referred to the competent courts of the United Arab Emirates.
15. Miscellaneous
These Terms and Conditions and any operating rules for the Website established by the Company constitute the entire agreement with respect to the subject matter hereof and supersede all previous written or oral agreements with respect to such subject matter. These Terms and Conditions shall be construed in accordance with the laws of the United Arab Emirates, without regard to its conflict of laws rules. The section headings used herein are for convenience only and shall not be given any legal import.
16. Severability
If any provision or Clause of these Terms and Conditions is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms and Conditions and replaced by a term which represents the intention of the invalidated clause as closely as possible without itself being invalid and the remainder of the Terms and Conditions shall continue in full force and effect.
17. Entire Agreement
The Terms and Conditions, together with the ‘Privacy Policy’, shall constitute the entire agreement between the User and the Company for the use of the Website and the Services.
18. Acknowledgment
By using and accessing the Website and the Services, the User acknowledges that he has read these Terms and Conditions and agrees to be bound by them.