Terms & Conditions
PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. THIS WEBSITE USE AGREEMENT APPLIES TO THE WEBSITE LOCATED AT www.urbancircle.ae AND ANY MOBILE APPLICATIONS RELATED THERETO (the “Website”).
YOUR USE OF THE WEBSITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THE WEBSITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE WEBSITE.
Website Use Agreement
By accessing the Website (including extensions thereof) you are entering into the Website Use Agreement (“Agreement”) with Urban Circle FZCO and any company that is directly or indirectly controlled by, or under common control with UrbanCircle FZCO (collectively, “UrbanCircle”), and you agree to be bound by the terms of this Agreement. This Agreement includes the terms and conditions set forth herein.
Changes to This Agreement
UrbanCircle reserves the right to change any of the terms of the Agreement (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit the Website periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use the Website after changes are posted, you accept the changes and agree to them.
If you do not agree to the terms of this Agreement, you must immediately stop use of the Website. If you remain on the Website, you agree to be bound by this Agreement.
UrbanCircle is domiciled in the United Arab Emirates.
UrbanCircle provides you the opportunity to view certain services provided by third party service providers (the “Service Providers”) and to make bookings of such services. All such services are provided by the Service Providers and not by UrbanCircle. Accordingly, UrbanCircle bears no responsibility or liability of whatsoever nature with respect to the Service Providers, their employees, representatives, agents or owners, nor with respect to the services provided to you by such Service Providers once you make a booking through the Website. UrbanCircle is not responsible if a Service Provider fails to provide the services and has made no independent investigation into the Service Providers, their services, or their employees, representatives, agents or owners, except as expressly required by law.
Registration and Profile
The Website does not require registration in order to visit; however, in order to access certain features, such as booking of services through the Website, you will be required to register with the Website and create a “Profile” account. Any customer usage of the Website will require you to use the login information that has been provided by you to create a Profile with unique login information. When creating your Profile, you must provide accurate information. You must notify UrbanCircle immediately of any change in your name, billing address, service address, email address, telephone number, credit card, contact person or other account information. You may receive a pin, password and account designation upon completing your Profile. You must not allow someone else to use your Profile, nor can you use someone else’s Profile. You must keep the pin and password to your Profile secure and you must notify UrbanCircle immediately of any unauthorized use of, or security breach connected with, your Profile. You are responsible for all activity connected with your Profile. UrbanCircle is not liable for any losses caused by any unauthorized use of your Profile; however, you are liable to UrbanCircle for any losses to UrbanCircle or others caused by such unauthorized use.
In order to create a Profile account you must be at least 18 years of age and be fully able and competent to enter into, agree to and comply with this Agreement. Minors under the age of 18 are prohibited to register as a user of the Website and are not permitted to transact upon or otherwise use the Website.
By providing your e-mail address, you consent to UrbanCircle using the e-mail address provided by you to send you notices related to the Website, including any notices required by law.
“User Provided Content” means information, content and other material that any user of the Website submits or otherwise provides to UrbanCircle. If any user of the Website submits or otherwise provides UrbanCircle with User Provided Content, such User Provided Content will be deemed to be non-confidential, and UrbanCircle assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content). Notwithstanding anything to the contrary, this Agreement does not apply to any advertiser content, which is covered by a separate agreement between UrbanCircle and any advertiser.
You grant UrbanCircle and its affiliates the absolute, perpetual, irrevocable, transferable, royalty-free, worldwide, unrestricted, right, license and authority to (a) use, store, reproduce, adapt, delete, publish, translate, publicly perform, display, distribute, sell, disclose, manipulate, modify and prepare derivative works based upon any User Provided Content that you submit or otherwise provide to UrbanCircle, in whole or in part, in such manner, format and media as UrbanCircle may see fit in its sole discretion and for such purposes as UrbanCircle may see fit in its sole discretion, without compensation to you; and (b) grant to third parties (through multiple tiers) the right, sublicense and authority to exercise all or any portion of the rights granted to UrbanCircle in this paragraph, subject to such terms and conditions as UrbanCircle may deem appropriate in its sole discretion, without compensation to you.
Without limiting the preceding paragraph, the submission or provision of User Provided Content to UrbanCircle will in no way prevent the purchase, manufacture or use of similar products, services, plans, ideas and the like by UrbanCircle for any purpose whatever.
You represent and warrant that you have the right and authority to grant UrbanCircle the rights, licenses and authorizations afforded by this Agreement without the consent or authorization of any other person or entity, and that the exercise of any such rights, licenses, or authorizations by UrbanCircle or its sub- licensees will not infringe any copyright or other intellectual property right or right of publicity or privacy rights of any other person or entity. By submitting or otherwise providing User Provided Content, you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto; (b) all “moral rights” that you may have in such User Provided Content have been voluntarily waived by you to the fullest extent permitted by applicable law; (c) all such User Provided Content is accurate; (d) your posting of the User Provided Content is in compliance with our policies and applicable law; (e) you are at least 18 years old; and (f) use of such User Provided Content will not cause injury to any person or entity.
You further agree and warrant that you will not post or store on, or transmit, submit or otherwise provide through the Website any information, content or other material that (a) violates, infringes or misappropriates any intellectual property right (including, without limitation, copyright, trademark, trade secret, patent, and right of publicity), any right of privacy or publicity, or any other right of any person or entity; (b) is harmful, threatening, abusive, harassing, false, misleading, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethically or otherwise objectionable, or that violates any applicable law or regulation; or (c) contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree and understand that UrbanCircle may, in its sole discretion for any reason, and without any prior notice or liability, delete, edit, move or reject any files that you may maintain at the Website, and any material you may choose to post. You should keep a copy of any material that you maintain or post at the Website because UrbanCircle will not undertake to retain copies of any material that UrbanCircle or others may delete from the Website.
Use of Information
You may not display the Website in frames or utilize any other techniques to display the Website (or any content on the Website) without the prior express written consent of UrbanCircle. You may not use any meta tags or any other “hidden text” utilizing UrbanCircle’s name or trademarks without the prior express written consent of UrbanCircle. You may not use UrbanCircle’s domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using the Website. You may not link to the Website, without UrbanCircle’s prior consent, which consent may be withdrawn by UrbanCircle at any time, with or without notice, in UrbanCircle’s sole discretion.
You agree not to use or permit others to use the Website in ways that (i) violate any applicable law or regulation or any of our policies; (ii) infringe the rights of others; or (iii) interfere with the users, services, or equipment of our network or other networks. You agree to cooperate with UrbanCircle and provide requested information in connection with all security and use matters relating to the Website and to notify UrbanCircle promptly if you suspect unauthorized use of the Website or your account. UrbanCircle reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Such cooperation may include the provision of account or user information or email and monitoring our network and/or the networks of our third party licensors, suppliers and providers.
Documents published by UrbanCircle on the Website may contain other proprietary notices or describe products, services, processes or technologies owned by UrbanCircle or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of UrbanCircle or any third party. Except as expressly granted under this Agreement, all rights are reserved by UrbanCircle.
You acknowledge that UrbanCircle does not provide professional advice (including, but not limited to, legal, medical or educational advice) and you agree that you will not use the Website as a substitute for or supplement to advice from a qualified professional, whether they be a financial, legal, or other professional.
You acknowledge that, depending on your wireless data plan, your wireless company may impose fees in connection with your wireless access or use of the Website and any mobile version of the Website and you agree that you are solely responsible for such fees. You also acknowledge that not all handset models are supported and UrbanCircle does not represent or warrant that the Website will be available to you in any particular mobile format or on a particular mobile handset or tablet.
Consent to Monitoring
UrbanCircle is under no obligation to monitor the information residing on or transmitted to the Website. However, anyone accessing the Website agrees that UrbanCircle may monitor the contents of the Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate the Website properly or to protect itself and its users. UrbanCircle reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to the Website (or the server(s) that host the Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement. The Website and any third party site may contain content provided by advertisers or other third parties that may not be suitable for children. UrbanCircle asks parents or legal guardians to assist UrbanCircle by supervising the activities of children at the Website. UrbanCircle does not knowingly collect personal information from children through the Website.
Disclaimer of Endorsement; Linked Sites
Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by UrbanCircle. Product and service information is the sole responsibility of each individual vendor.
Some of the sites to which you may link from the Website are not owned by UrbanCircle. Some third party sites may contain the trademarks or “branding” of UrbanCircle. You can tell if you have linked from one site to another site by looking at the URL in the browser window (or, if the link opens a new browser window, by looking at the URL found by “right-clicking” on the page in the window and selecting “properties”). If the second level domain of the URL for the page containing the link is different than the second level domain of the URL for the page to which you have linked, you have linked to different site.
Unless otherwise set forth in a written agreement between you and UrbanCircle, your linking to the Website (the “Link”) is subject to the following: (i) the appearance, position, and other aspects of the Link may not be such as to damage or dilute the reputation of UrbanCircle, including without limitation the posting of the Link on the same website as, or in a manner that associates UrbanCircle or its related brands with any content of a sexual, pornographic, illegal, violent, discriminatory, offensive, threatening, misleading, or abusive nature; (ii) the appearance, position, and other attributes of the Link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with UrbanCircle; (iii) when selected by a user, the Link must display the websites on full-screen and not within a frame on the linking website; and (iv) UrbanCircle reserves the right to revoke its consent to the Link at any time and in its sole discretion. This paragraph applies to links to any page on the Website and/or any content available on or through the Website, including, without limitation, any UrbanCircle widget. UrbanCircle and its affiliates, as applicable, retain all of the rights in the Link and the content in the Links, including without limitation trademarks. You are not allowed to alter the Link or any of the associated content. Any use of UrbanCircle’s trademarks, content, or Link inures solely to UrbanCircle and its affiliates’ benefit. YOU ASSUME SOLE RESPONSIBILITY FOR YOUR USE OF THE LINK AS WELL AS THE USE OF THE LINKS BY VISITORS TO YOUR WEBSITE.
The third party links, services, goods, resources and content available on the Website and through links on the Website are not controlled by UrbanCircle. Accordingly, UrbanCircle make no warranties regarding such third party services, goods, resources, and content, including warranties of fitness for a particular purpose, merchantability and non-infringement. UrbanCircle will not be liable for your access to, use of or downloading of content available on or through, the Website. UrbanCircle is not liable for any direct or indirect damages or losses caused by your use of third party websites. You assume full responsibility when you choose to follow any links on the Website that lead to third party websites. Such third parties remain the sole owner of all of their respective trademarks, goods, services, software, source code and all related intellectual property. You are prohibited from, directly or indirectly, reverse engineering, attempting to derive the source code, copying or reproducing any or all of their products or services in any form, removing or using such third party trademarks or intellectual property in any way whatsoever, or removing any legal or other notices contained therein. Third parties may develop new features, modules or services in the future but such features, modules or services are not part of the services listed on the Website. UrbanCircle and such third parties reserve the right to integrate and replace additional third party services, as deemed appropriate, but are not required to do so.
Unless limited or modified by applicable law, the foregoing disclaimers, waivers and limitations shall apply to the maximum extent permitted, even if any remedy fails its essential purpose. Our affiliates, licensors and contractors are intended third party beneficiaries of these disclaimers.
Security; No Disruption
You agree that you will comply with any security processes and procedures (such as pins and passwords) specified by UrbanCircle with respect to access to or use of the Website. Further, you agree not to access or attempt to access any areas of or through the Website that are not intended for general public access, unless you have been provided with explicit written authorization to do so by UrbanCircle. You agree that you will not disrupt the functioning of the Website or otherwise act in a way that interferes with other users’ use of the Website.
Access; Failure to Comply
UrbanCircle has the right to terminate, suspend or restrict your access to the Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access the Website.
UrbanCircle also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement and with respect to your use of the Website more generally.
You agree, at your own expense, to indemnify, defend and hold UrbanCircle (and its subsidiaries and affiliates and their respective, officers, directors, agents, employees service providers and third parties providing content on the Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement or any other violation of this Agreement; (b) any information, content or other material transmitted, submitted or provided by you through the Website (including, without limitation, UrbanCircle’s exercise of its rights with respect to such information); (c) your publication or use of any user review displayed on the Website; or (d) your use of (or conduct on) any third party site (including, without limitation (i) any information, software or other material viewed or accessed by you on or through any third party site, including without limitation, any advertisement or coupon for products or services on any third party site); (ii) any transactions initiated or conducted by you through any third party site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information); (iii) any products or services that you bid on, purchase or otherwise obtain on or through any third party site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof); (iv) any bookings or purchases you make on or through any third party site; and (v) the conduct of sellers of any products or services that you bid on, purchase or otherwise obtain on or through any third party site).
Data Mining Prohibited
You may not use bots or similar methods or tools to “data mine” or otherwise gather or extract data from the Website, without UrbanCircle’s prior consent, which consent may be withheld or withdrawn by UrbanCircle at any time, with or without notice, in UrbanCircle’s sole discretion.
You agree not to copy, decompile, disassemble, reverse engineer, make derivative works of or manipulate any technology or data on the Website (collectively, “Technology”), or otherwise modify or tamper with, any such Technology. You also agree not to upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, disable or limit the functionality of the Website. You are prohibited from any export of the data (or derivative thereof) except in compliance with applicable export laws, rules and regulations. The user of software contained in the Technology or the Website is explicitly prohibited from attempting to copy, decompile, reverse engineer, hack, manipulate or disassemble the object code, or in any other way convert the object code into human-readable form. You may use the Technology only for your personal, non-commercial use in connection with the Website.
All data, information, visual, oral or other digital material, and all other content of any description available on the Website and/or in the Technology (collectively, the “Content”), and all worldwide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights and all other rights in or relating to the Content (collectively, the “Intellectual Property”) are owned by the Company or its affiliates, or are the property of our licensors and suppliers who have given us permission to use it. Neither your access to and use of the Website nor does this Agreement grant you any right, title or interest or license in or to any such Content, and you may not use such Content without the express written permission of the owner(s). For the avoidance of doubt, all photos taken by us and content prepared by us in connection with the Website shall be our Intellectual Property. You may not reproduce, perform, distribute, display any of our Intellectual Property or create derivative works from the Content at any time. You may only use the Content and the Intellectual Property, and to access the Website as expressly permitted in this Agreement and for no other purpose.
UrbanCircle and the UrbanCircle logo are trademarks or service marks of the Company (“Marks”). Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of the Company, its affiliates or third parties. Neither your access to and use of the Website nor this Agreement grant you any right, title or interest or license to reproduce or otherwise use the Marks or any third party trademarks, service marks, graphics, logos or domain names. Any goodwill in the Marks generated as a result of your use of the Website will inure to our benefit. You shall not at any time, nor shall you assist others to, challenge our right, title, or interest in or to, or the validity of, the Marks or any other intellectual property rights of ours.
You may not copy, or otherwise duplicate, the Content. In addition, you may not re-transmit or otherwise distribute the Content in any way.
Copyright 2018 UrbanCircle. All rights reserved.
All claims of copyright infringement for material that is believed to be residing on UrbanCircle’s systems or networks should be promptly sent in the form of written notice sent by courier to UrbanCircle at:
Urban Circle FZCO
Address: Dubai Silicon Oasis, DDP, Building A2, Dubai UAE
Attention: Banu Cetin Akca / Zeynep Guney
Phone: + 971 50 157 2226 / + 971 56 892 6811
All claims must include the following information:
- A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit UrbanCircle to locate the material;
- Information reasonably sufficient to permit UrbanCircle to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Fees and Payments
When you book a service through the Website, you may choose to pay the Service Provider directly or you may choose to pay for the service through the Website by credit card or a debit card that allows you to make electronic transactions. The fee for the service (the “Fee”) is composed of two elements: the amount the Service Provider is charging you (including applicable taxes) for the service and a commission that is paid by the Service Provider to UrbanCircle for the booking (including applicable taxes). You will see only the total Fee and not a breakdown of the two separate amounts. If you pay through the Website, UrbanCircle is responsible for making payment of the portion of the Fee that represents the Service Provider’s chargers directly to the Service Provider on your behalf. Our failure to enforce any particular Fee posted on the Website and offers of any discounts shall not be construed as a waiver of the right to assert any such terms on any future occasion. All payments must be made in UAE Dirhams.
We use an automated payment processing system, which will generally accept Visa and Mastercard credit cards and debit cards that are authorized for use online denominated in United Arab Emirates Dirhams (AED). Whether or not your specific credit or debit card will be accepted is at the sole discretion of the payment processor. If you make a payment on the Website, the details you are asked to submit will be provided directly to our payment processor via a secured connection. The full Fee will be charged to your card at the time the Service Provider confirms your booking and is non-refundable, including on any unused portions of the packages you may book. On exceptional cases such as a technical error which makes a refund mandatory, then Refunds will be done only through the Original Mode of Payment. Multiple transactions may result in multiple postings to your monthly statement. Your use of this payment method is subject at all times to our terms and conditions set forth in this Agreement, as well as the terms and conditions of the payment processor and the Service Provider. Those terms and conditions apply in addition to, and not in lieu of, the terms and conditions set forth in this Agreement irrespective of any conflict between them. Your payment information will be entered over a secure connection. The payment processor may take any reasonable action to validate your payment and registration information and collect all payments due on our behalf. No credit card and debit cards details and personally identifiable information will be stored by, sold to, shared with, rented to or leased to any third parties. You must retain a copy of transaction records and these terms and conditions. Invoices/receipts for all bookings that you have made can be found by logging into your account. In the event the charge to your card fails, we will notify you in writing to the email address for your designated billing contact provided on the first page of this Agreement. You assume all responsibility for use of the payment processor’s website and this method of payment generally. You will indemnify and hold us and our affiliates, and our and their representatives and employees, harmless from all damages, costs, expenses, liabilities and claims incurred by us or them arising out of or in connection with your use of the payment processor’s website and this method of payment generally. UrbanCircle will not deal with, or provide any services or products to, persons in any of the countries on the United States Office of Foreign Assets Control (OFAC) Sanctions List.
All bookings made on the Website are final once confirmed by the Service Provider and Bookings paid through the Website are non-refundable. All bookings are subject to the specific terms and conditions of the Service Provider providing such services, which are listed on the Website in the relevant section. In the event that transaction error has occurred while making the payment, a refund in most cases will be issued to the same credit card you used for the original purchase.
You are responsible for all taxes or other government fees and charges that are assessed on the Fee or your use of the Website. Specifically, but without limitation, UrbanCircle will charge VAT based on applicable law, which is included in the Fees for the Service Providers services that are posted on the Website. The VAT invoice will be posted to your account.
You understand and agree that the Website and the content and functionality of the Website are provided "as is" and "as available." the company and its affiliates make no representation or warranty, either express or implied, regarding the Website, the reliability, predictive value, completeness, timeliness, reliability, or accuracy of the information contained on the Website or that your access to or your use of the Website will be uninterrupted, error free or timely with all updates. All such warranties (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement) are hereby disclaimed. You acknowledge and agree that under no circumstances should a user of the Website make decisions based solely or in part on information contained on the Website. Neither the company nor its affiliates assumes any responsibility for accidents, damages or other losses resulting from or associated with use and/or misuse of the Website.
You agree that your access to and use of, or inability to access or use the Website is at your sole risk. You will not hold UrbanCircle, our data suppliers, service providers, marketing/distribution, software or internet suppliers, or hardware or software manufacturers or suppliers, or our contractors or licensors, as applicable, responsible for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, or lost profits resulting from your access to or use of, or interruptions in the transmission or reception of Website, including any damage to any of your computers or data. No oral or written information or advice given by any person shall create a warranty or guarantee in any way whatsoever relating to the Website.
Except for willful misconduct on the part of the company or its affiliates you agree to defend, indemnify and hold harmless the company, its affiliates, subsidiaries, shareholders, officers, agents, employees, licensors, service providers, and any third parties who provide products or services on the Website (“indemnified parties”) from any and all claims, liability and expenses (including reasonable attorneys' fees and expenses), whether in contract or otherwise, relating to or arising out of your use of the Website and any breach of this Agreement, applicable law or any right of the indemnified parties or any third party. This indemnification obligation includes the acts or omissions of anyone accessing the Website using your login id, with or without your permission.
Excluding payment obligations to UrbanCircle hereunder, neither party shall be liable to the other party for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, civil disturbance or commotion, DDOS attacks, disruption of the public markets, failure of third party software or inability to obtain raw materials, supplies or power. In order to claim force majeure, a party must have made reasonable efforts to avoid the event of force majeure and to limit its impact and duration. This force majeure clause shall also apply to any third party whose services or goods UrbanCircle sells.
Limitation of Liability
THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. URBANCIRCLE, ITS AFFILIATES, AND ITS AND THEIR SHAREHOLDERS, EMPLOYEES AND REPRESENTATIVES ASSUME NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION (OR OTHER MATERIAL), APPARATUS, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED DOWNLOADED OR ACCESSED FROM THIS WEBSITE.
IN NO EVENT SHALL URBANCIRCLE OR ITS AFFILIATES, OR ITS OR THEIR SHAREHOLDERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE (DEFINED BELOW); (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE); (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE; (D) THE ACTS OR OMISSIONS OF THE SERVICE PROVIDERS OR ANY ASPECT OF THE SERVICES PROVIDED BY THE SERVICE PROVIDERS OF WHATSOEVER NATURE; OR (E) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER URBANCIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Any material on the Website may include technical or other inaccuracies or typographical errors.
THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
URBANCIRCLE AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY URBANCIRCLE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER URBANCIRCLE NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (B) NEITHER URBANCIRCLE NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE; (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE); (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE; (4) THE ACTS OR OMISSIONS OF THE SERVICE PROVIDERS OR ANY ASPECT OF THE SERVICES PROVIDED BY THE SERVICE PROVIDERS OF WHATSOEVER NATURE; OR (5) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.
Resolving Disputes; Waiver of Class Action and Jury Trial and Consent to Binding Arbitration
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination (“Claim”), shall be referred to and finally resolved by arbitration under the LCIA Rules, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be the Dubai International Financial Centre. The language to be used in the arbitral proceedings shall be English.
Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator's decision is final and binding on all parties and may be enforced in any court with jurisdiction without examining the merits of the Claim. Parties agree not to contest or seek court review, appeal or litigation with respect to the Claim or the award.
In any legal proceeding relating to this Agreement, you agree to waive any right you may have to participate in any class, group, or representative proceeding and to waive any right you may have to a trial by jury. You agree that, in order to protect UrbanCircle’s interests, UrbanCircle or its affiliates may seek a restraining order, injunction or other form of relief in any court with jurisdiction over you. Except as otherwise required by law, any cause of action or claim you may have with respect to the Website must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
If you provide or submit any suggestions, feedback, comments, ideas, or other information relating to the Website or modifications or enhancements thereto (the “Feedback”), such Feedback is provided on a non-confidential basis regardless of any suggestion to the contrary in any communication, and you hereby grant UrbanCircle, and any Service Provider, a nonexclusive, worldwide, perpetual, irrevocable, sublicensable, transferable right and license to exploit such Feedback (directly or through third parties) in any manner without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, enhancing, improving, promoting, and marketing such products and services.
Notices to you will be deemed given when posted to the Website or sent to your by email at the address provided in your Profile. Your notices to UrbanCircle will be deemed given when UrbanCircle receives in writing at the email address set forth above; provided that notices regarding claims of copyright infringement must be sent by courier as set forth in the section titled “Copyright Notice” above.
Assignment of Account
UrbanCircle may assign your account and all rights and/or obligations hereunder to any third party without notice for any purpose, including collection of unpaid amounts, in the event of an acquisition, corporate reorganization, merger or sale of substantially all of our assets to another entity. You hereby consent to such assignment.
This Agreement constitutes the entire agreement between UrbanCircle concerning your access to and use of the Website and may be modified by the unilateral amendment of this Agreement and the posting by UrbanCircle of such amended version. No salesperson or other representative is authorized to change it for you. If any provision is declared by a competent authority to be invalid, that provision will be deleted or modified to the extent necessary, and the rest of this Agreement will remain enforceable. Any specific terms that expressly or by their nature survive termination shall continue thereafter until fully performed. A waiver of any terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The interpretation and enforcement of this Agreement shall be governed by laws of the United Arab Emirates.