WECARE TERMS OF SERVICE

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

Welcome to www.wecare-app.net (the “site”, which includes any associated mobile applications, websites and other informational sites owned and operated by WeCare Tech Limited or our affiliates). In these terms (“Terms”), the terms “WeCare”, “we”, “our” or “us” refers to WeCare Tech Limited, of Desk D51, 15th Floor, Al Sarab Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates and / or affiliates, as may be applicable, and the term, “you”, or “your” are references to you (as the individual or legal entity, as the case may be), being either a user seeking (“CareSeeker”) or a third party service provider (“Health Care Provider”) or (“Caregiver”) providing, without limitation, one or more of the segmented home healthcare, nutrition, nanny care and other (non-medical) wellbeing services (the “Services”) that are available via our site.

 

Please note that the content on our site is provided for general informational, scheduling and payment purposes only. It is not intended to amount to any advice, opinion, recommendation, or endorsement (medically or otherwise) on which you should rely. You must obtain professional or specialist healthcare or medical advice before taking, or refraining from, any action on the basis of the content on our site. If you experience a medical emergency, you should immediately call a healthcare professional and your local emergency services.

 

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

 

When you sign up for and create an account on our site (“Account”), you confirm that you accept these Terms and that you agree to comply with them in full.

 

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT CLICK THAT YOU ACCEPT THESE TERMS AND YOU MUST NOT USE THE SITE.

 

We may amend these Terms from time to time. Every time you wish to use our site, please check these Terms to ensure you understand the terms that apply at that time. Your continued use of the site will constitute Your consent to such changes

 

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them in full.

 

  1. Eligibility.

By using and accessing the site you confirm that you: (a) are at least 18 years old or at least such age at which you may enter into a legal agreement and use the Services in the relevant jurisdiction; (b) have the right, authority and capacity to accept and  comply with these terms; (c) are not prohibited by law from accessing or using the site; (d) the information you provide to us is and will be accurate and complete; (d) you will comply with any and all laws applicable to your use of the site; (e) you will not interfere with a third party’s use and enjoyment of the site; (f) you will not interfere with or disrupt our or our vendors’ security measures; (g) if any information you provide to us becomes inaccurate, incomplete or otherwise false or misleading, you will immediately notify us; and (h) you are accessing the site for yourself or as the legal guardian for a minor who is under the age at which s/he  may enter into a legal agreement and use the Services in the relevant jurisdiction. We may change the eligibility requirements for the site or refuse you access to or use of the site at any time.

  1. Our site and what we do.
    • The site is a platform. The site provides a platform for you to request the Services of a Caregiver or Health Care Provider. You accept that we do not provide any Services and that your use of the site is solely at your own risk. Nothing stated or posted on the site or available through any of the Services is intended to be, and must not be taken to be, the practice of medicine, nursing, or other professional healthcare advice, or the provision of medical care.
    • Site rules. You may use our site only for lawful purposes. You may not use our site: (i) in any way that breaches any applicable local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect, (iii) for the purpose of harming or attempting to harm minors in any way; (iii) to bully, insult, intimidate or humiliate any person; (iv) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out at section 8 below, (v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or (vi) to knowingly transmit any data, send or upload any material that 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. You also agree: (viii) not to reproduce, duplicate, copy or re-sell any part of our site; and (ix) not to access without authority, interfere with, damage or disrupt any part of our site; any equipment or network on which our site is stored; any software used in the provision of our site; or any equipment or network or software owned or used by any third party.
    • Health Care Provider relationships. In connection with using the site and the Services, you understand that you are responsible for choosing your own Caregiver, including without limitation, determining whether the applicable Caregiver is suitable for your care needs based on expertise, experience, qualification, licenses and other important facts and circumstances that could impact your care. WeCare or our designee take certain limited steps to verify that Caregivers participating in the Services hold certain active licenses, certifications or registrations required by law to practice the specialties of the Services offered by them through the site. We may also exclude Caregivers from our site who, in in our sole discretion, have engaged in inappropriate or unprofessional conduct. We do not recommend or endorse any Caregiver and we do not make any representations or warranties with respect to any caregiver or the quality of the Services they may provide. A CareSeeker shall not seek to by-pass, avoid or circumvent the site in order to obtain or procure Services directly from a Caregiver.
    • Independent contractors. We are not a manpower company and you acknowledge and accept that Caregivers are, at all times independent contractors and are neither employed nor controlled by us. We are not an employment services agency or company and we are not the employer of any Caregiver. You must resolve any issues, disputes or concerns in relation to the Services directly with the Caregiver in question, except for any issues related to payment, which shall be dealt with in accordance with Section 5 below.
  2. Caregiver Appointments.
  • Scheduling a Caregiver Appointment. The site allows you to request a Caregiver to provide Services at a time and date of your preferred choice (each, an “Appointment Request”). You agree that your Appointment is in the control of the Caregiver and we have no control over, and cannot guarantee and have no responsibility or liability for the availability of, any Caregiver at any particular time and any such appointments are subject to the Caregiver’s availability After you set up your Account, you will be able to enter an Appointment Requests and be contacted by available Caregivers for the purpose of finalizing your Appointment Request. An Appointment Request must include all of the information requested in the Appointment Request form. If you fail to provide all the required information, Caregivers may not be contacted by WeCare or through the site. When making an Appointment Request you must provide the estimated number of hours that you require a Caregiver for (“Estimated Hours”). You confirm that your Estimated Hours will be true and accurate to the best of your knowledge and belief. Once you have selected a Caregiver and confirmed the Appointment Request, the Appointment Request becomes a confirmed appointment (“Caregiver Appointment”). We encourage Caregivers to use the Services responsibly, but we have no control over, and cannot guarantee the availability of, any Caregiver Provider at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any harm, injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the site or the Services whatsoever.
  • Additional rules for Caregiver Appointments. Any Caregiver Appointment must be booked for a minimum of one hour, or as per the Caregiver’s stated fee for the particular Service; however, if you require the Services for less than one hour, you may make an Appointment Request for less than one hour provided that you agree to pay the relevant Caregiver’s standard hourly charge or stated fee for the particular Service (“Minimum Payment”). If you end a Caregiver Appointment early, at your convenience, you will be responsible for paying the greater of either the Minimum payment, or 75% of the total charges due to the Caregiver for such Caregiver Appointment, based on the Estimated Hours or the Caregiver’s stated fee for the particular Service (“Early Termination Fee”). If a Caregiver Appointment extends beyond the Estimated Hours, through no fault or delay of your own, any addition time will be charged to you 150% of the Minimum Payment per hour or fraction thereof (“Surcharge Fees”).
  • Your Account. In order to access the site and the Services, you must create an Account. When creating your account, you agree to provide, maintain and update true, accurate, current and complete data and information about yourself (including your credit card information). You may only have one individual and personal account with WeCare and you may not create multiple accounts. We reserve the right to terminate any Account which (at any time) does not include a valid email address and mobile telephone number (not a landline) on file as part of that individual’s account. Both the email address and mobile telephone number must be stored in the profile for your account. We may contact you to verify identity or other Account information and may request further information from you, which you agree to provide, in order to ensure you have not fraudulently created your Account. If you do not provide this information within seven (7) days of the request, we reserve the right to suspend, discontinue or deny you access to and use of the site and Services until the information is provided to our reasonable satisfaction. You are solely responsible for all activity that occurs on your Account and you must notify us immediately if you become aware of any unauthorised use of your Account or if your login details are lost or stolen. We shall not be liable for any losses that you incur as a result of any unauthorised use of your Account. We reserve the right to monitor your use of the site and/or Services and to disable any user password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we suspect any unauthorised use or misuse of the site and/or Services. You must treat your password as confidential. You must not disclose it to any third party. We have the right to disable any or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your password, you must promptly notify us by email at help@wecare-app.net.
  1. Cancellation and no-show. Once a Caregiver accepts your Appointment Request, it may be cancelled at any time up to six (6) hours prior to the confirmed Caregiver Appointment start time. We do understand that your plans can change; however, if you are not present at the provided address for your Caregiver Appointment at the scheduled time, or you cancel the Caregiver on less than six (6) hours prior notice prior to the confirmed Caregiver Appointment start time (even if such Caregiver Appointment was booked within six (6) hours of the Caregiver Appointment start time), you will be charged the greater of either the Minimum payment, or 75% of the total charges due to the Caregiver for such Caregiver Appointment, based on the Estimated Hours (“Cancellation Fees”). We may also suspend your ability to use our site and the Services if you cancel on less than six (6) hours’ notice, or do not attend without notice of cancellation three (3) or more appointments booked through site without incurring any liability to you. If you believe that any Early Termination Fees, Surcharge Fees or Cancellation Fees have been erroneously applied to your account, please contact us at help@wecare-app.net.
  2. Authorisation and payment.
  • Where an amount is to be paid or reserved on your credit card on account of the fees required for Services booked through the site, you must enter your credit or debit card details and billing information on the site and authorise the payment of the relevant charges. Neither we nor our third party payment processor are responsible to you or the Caregiver for such charges. We will, through a third party payment processor, process and collect your payment of such charges on our site on behalf of the Caregiver for whom we act as the billing and collections agent. Payment is safely processed from your credit or debit card to our designated bank account through a third party payment processor. You acknowledge and agree that we may use a third party payment processor to process payments, manage and store your credit or debit card information, as well as to detect and prevent frauds.
  • We shall remit all amounts due to a Caregiver in a timely manner once a Caregiver Appointment has been confirmed to us as successfully completed by the Careseeker. By using such payment service, you accept the terms of use and privacy policy of our payment processing partner in addition to these Terms and our LINK TO WECARE PRIVACY POLICY with respect to such payment processing service and your payment information.
  • Once a Caregiver Appointment has been completed, we will email you a receipt to the email address associated with your Account. Please retain a copy of this receipt for your records.
  • You acknowledge and agree that: neither us nor our payment processing partner will be responsible if either we or our payment processing partner are unable to complete a transaction for any reason, including but not limited to:
    1. if you have not provided us with accurate, current and complete payment information;
    2. if you do not have sufficient available funds or available credit to complete the transaction;
  • if you do not have an active payment card, or if we are unable to confirm your payment card information;
  1. if your account with us, your account with our third party payment processor, your access to the Services, or your access to our third party payment processor’s services has been terminated or suspended for any reason;
  2. if we or our third party payment processor have reason to believe that the requested transaction is unauthorized; or
  3. if we terminate or suspend the services we provide to the applicable Caregiver.
  • If you believe that you have been charged incorrectly for Services, please contact us at help@wecare-app.net. We will independently investigate your claim in good faith and in a timely matter.
  • We may, from time to time, create and provide promotional codes on terms and conditions established by us in our sole discretion that may be redeemed for credit against your Account, or other features or benefits related to our site, or the Services. In such event, you agree that such promotional codes: (i) will only be used for the intended audience and purpose and in a lawful manner; (ii) will not be duplicated, sold or transferred, unless expressly permitted by us; (iii) may be disabled by us or expire at any time; and (iv) will not be redeemable for cash.
  • Caregiver arrangements.
    1. By registering for an Account with WeCare, you become a “Registered Caregiver” with access to certain areas of the site and ability to provide certain Services offered on and through the site (a “Subscription”). Each Subscription and the rights and privileges provided to a Registered Caregiver is personal and non-transferable. All sales and payments of Subscription fees will be in US Dollars. All Subscription fees are non-refundable under any circumstances.
    2. The fee that we will charge you for your Subscription will be the price detailed when registering to become a Registered Caregiver. We reserve the right to change prices for Subscriptions at any time. Notwithstanding the foregoing, we shall notify Registered Caregivers of any Subscription fee changes thirty (30) days prior to any change. We shall honor any Subscription fees until the expiration of the applicable Subscription term.
  • You may pay for your Subscription fee only with credit and debit card payments. We will charge your credit or debit card for your first Subscription fee on the date that we process your order for your Subscription. Once your credit or debit card is charged the first Subscription fee, we will begin provisioning your account. Once your account is ready, you will receive a confirmation e-mail notifying you of your ability to access those Subscription-only portions of the site.
  1. We will automatically renew your Subscription on each yearly anniversary of that date that we first charge your credit or debit card for the first Subscription fee and, as authorized by you during the Account registration process. We will charge your credit or debit card with the applicable yearly Subscription fee and any sales or similar taxes that may be imposed on your Subscription fee payment, unless you cancel thirty (30) prior to the relevant anniversary date.
  2. Each Subscription’s automatic renewal is for the same period of time as your original Subscription. You may cancel your Subscription at any time on thirty (30) days prior written notice by contacting us at info@wecare-app.net provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part. You will not be eligible for a pro-rated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription term. We require a reasonable amount of time to process your Subscription cancellation request, which shall not be less than thirty (30) days. If you cancel your Subscription, you will enjoy your Subscription benefits until the expiration of the then-current Subscription term for which you have paid, and your Subscription benefits will expire at the end of the then-current Subscription term.
  3. You will be liable for paying any and all applicable sales and use taxes for the purchase of your Subscription based on the mailing address that you provide when you register as a Registered Caregiver, and you authorize WeCare to charge your credit or debit card for any such applicable taxes.
  1. Privacy, cookies and security.
  • We will only collect and use your personal information as set out in our LINK TO WECARE PRIVACY POLICY.
  • You agree that we have the right to monitor and review your use of the site from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with our LINK TO WECARE COOKIE POLICY.
  • We will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to your personal information, in accordance with commercially reasonable standards. We will notify you if we become aware of any unauthorized access to your personal data. You must notify us immediately of any breach of security or unauthorized use of your computer or mobile device. Although we will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of WeCare or others due to such unauthorized use.
  1. SMS and text messages. By providing us with your mobile phone number when you sign up for the site and create an Account, you are expressly opting-in to receive SMS and text messages from us relating to the site and the Services. For example, we may send you SMS or text messages about your Account and your Appointment Request or Caregiver Appointment. You acknowledge that messaging and data rates may apply depending on your mobile phone service provider and that you are solely responsible for paying for any such SMS and text messages fees. you may opt-out of receiving SMS and text messages at any time by emailing us at help@wecare-app.net However, by opting-out of receiving text messages, we may have to temporarily suspend your account, during which time you will no longer be able to use the site or the Services.
  2. Content.
  • You may from time to time provide suggestions, comments or other feedback with respect to the Services, either directly to the Caregiver or through the site (“Feedback”). You agree that all Feedback is provided by you entirely voluntarily and must not give the impression that the Feedback emanates from WeCare. All Feedback must be accurate (where it states facts), be genuinely held based on your own experience(s) only (where it states opinions) and comply with the laws applicable in any country from which it is posted.
  • For the purposes of these Terms, “content” means all content, text, data, Feedback, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or site, including, without limitation, content provided, posted or uploaded by you to the site and any content provided in direct response to your questions or postings. Any content you post or upload through our site will be considered non-confidential and non-proprietary. We have the right to remove any content on our site if, in our opinion, it does not comply with the content standards set out below.
  • Any content you post or upload through our site must not:
  1. be defamatory of any person;
  2. be obscene, offensive, hateful or inflammatory;
  • bully, insult, intimidate or humiliate;
  1. promote violence;
  2. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  3. infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  1. promote any illegal content or activity;
  2. be in contempt of court;
  3. be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • impersonate any person or misrepresent your identity or affiliation with any person;
  • give the impression that the content emanates from WeCare, if this is not the case;
  1. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
  • contain any advertising or promote any services or web links to other sites.
  • When we consider that a breach of Section 8(c) has occurred, we may take such action as we deem appropriate.
  • Failure to comply with Section 8(c) constitutes a material breach of these Terms, and may result in our taking all or any of the following actions:
    1. immediate, temporary or permanent withdrawal of your right to use our site;
    2. immediate, temporary or permanent removal of any content posted or loaded by you to our site.
  • issue of a warning to you.
  1. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  2. further legal action against you; and
  3. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
  • We exclude our liability for all action we may take in response to breaches of Section 8(c). The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
  • When you upload or post content to our site, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the site and across different media forever.
  1. Intellectual Property.
    • We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    • WeCare’s name, logo and all related names, logos, product and services names, designs and slogans are our trade marks or the trade marks and logos of our affiliates or licensures. You are not permitted to use them without our approval. All other names, logos, product and services names, designs and slogans on this website are the trade marks of their respective owners.
    • Other than the non-exclusive license granted to WeCare with respect to content as set out in Section 8(g) above, we will not acquire an ownership interest in the content that you post or upload to our site.
  2. Linking.
    • You may not link to our homepage without our prior written approval. If you wish to link to or make any use of content on our site, please contact, please contact help@wecare-app.net. You agree to cooperate with us fully in causing any unauthorized framing or linking immediately to cease. We serve the right to withdraw any linking permission without notice. We may disable all or any links at any time without notice and at our sole discretion.
    • If the site contains links to other sites or resources provided by third parties, these links and resources are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and we accept no responsibility or liability for them, or any or any loss or damage that may arise from your use of them. If you decide to access any of third party websites linked to this site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
  3. Termination. We reserve the right, with or without cause, to terminate, suspend and/or deactivate your access and use of the site and the Services immediately, without notice and without any refund or credit, if there has been a violation of these Terms by you or by someone using your details and password. We may also terminate, suspend or deactivate your access and use of the site and the Services for any other reason, including inactivity for an extended period. We shall not be liable to you or any third party for any termination, suspension or deactivation of your access to the site and/or the Services. All provisions that either expressly or by their nature survive, will survive suspension or termination of your access to and use of the site and the Services.
  4. Warranty Disclaimer and Warning. We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it to the maximum extent permitted by law. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit be deemed to have a committed a criminal offence. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
  5. Limitation on liability.
    • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, our site; or (ii) use of or reliance on any content displayed on our site.
    • In no event will we be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not we are aware of or advised of the possibility of such damages, resulting from or related to the use of, or the inability to make use of, the site or the Services.
    • Without limitation, you waive all claims against us for any loss resulting from any advice given by, Services provided by or any acts or omissions of any Health Care Provider.
    • You may bring proceedings in connection with these Terms or the site more not later than twelve (12) months after the actual event occurred, failing which such cause of action is permanently barred.
    • By using the site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think that they are reasonable, you must not use site.
  6. Indemnification. You will defend, indemnify, and hold harmless us, our affiliates, and their respective employees, contractors, officers, directors and agents, from all liabilities, claims, demands and expenses, including reasonable legal fees, that arise from or are related to (i) your use of the site and/or Services; (ii) your violation of these Terms, or of any intellectual property or other right of any person or entity, by you or any person using your details and password; (iii) your use or misuse of, or inability to use, the site or the Services, (iv) any materials and content you submit, post or transmit through the site; (v) your interactions with or conduct towards any Caregivers or other users of the site; (vi) your violation of any applicable laws, rules or regulations; or (vii) information contained in any Verification Report. This defence and indemnification obligation will survive these Terms and your use of the Services.
  7. Export regulations. Use of the site or the Services, or portion thereof may be subject to applicable country export control and trade sanctions laws. You may not access, use, export, divert, transfer or disclose any portion of the site or the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export control or trade sanctions law or regulation
  8. Auxiliary services. Use of the site requires internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the site, including from any notifications provided by us in connection with your use of the site and the Services. We do not guarantee that the site will be compatible with all devices or will be supported by all mobile carriers. Our site may be subject to limitations delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible or liable whatsoever for any delays, delivery failures, or other damage resulting from such problems.
  9. Beta features. From time to time, we may offer new “Beta” features or tools (“Beta Services”) with which you may experiment with on the site. Such features or tools are offered solely for experimental purposes and may be modified or discontinued at our sole discretion. By accepting these Terms or using the Beta services, you understand and acknowledge that the Beta services are being provided as a “Beta” version and made available on an “as is” or “as available” basis. The Beta Services may contain bugs, errors, and other problems. You assume all risks and all costs associated with your use of the Beta Services, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information or data. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.
  10. General
  • Any dispute arising out of or in connection with these terms, including any question regarding its existence, validity or termination, shall be subject to the exclusive jurisdiction of the Abu Dhabi Global Market Courts. These terms shall be governed by and construed in accordance with the law of Abu Dhabi Global Market.
  • You agree that you will not assign or transfer these Terms or any of your rights or obligations under these Terms, whether directly or indirectly. We may assign any of our rights or obligations under these Terms to an affiliate.
  • The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
  • No failure or failures on our part to enforce, from time to time, all or any portion of these Terms shall be interpreted as a waiver of such Terms.
  • The unenforceability of any part of these Terms will not affect the enforceability of any other part of these Terms.
  • These Terms express the entire agreement between us and supersede all prior oral and written understandings and agreements, with respect to your use of the site and the Services specifically contemplated under these Terms.