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DUBAI TRADE WEB PORTAL TERMS AND CONDITIONS
AGREEMENT FOR USE OF THE DUBAI TRADE PORTAL
Welcome to www.dubaitrade.ae. This site is
owned and operated by Dubai World Corporation, a company organized and existing
under the laws of United Arab Emirates.
1.
User Requirements
1.1
These are the terms and conditions of Dubai World Corporation
and its affiliates ("Dubai World"Dubai Trade"PCFC",
"us", "we" or "our")
portal [(www.dubaitrade.ae.)] (the "Portal").
These terms and conditions (together referred to as the or this
"Agreement") govern your use of the Portal and your use of any
services offered via the Portal and you agree to be bound by them. ("You"
and "your") refers to the organisation, which you have named as the user on the
registration form relating to the Portal.�
You confirm that you (the individual who has completed the registration
process) are fully authorised to bind your organisation to this Agreement. You
will make all your users of the Portal aware of this Agreement and will ensure
they comply with its terms at all times.
1.2
Following registration you will only be accepted as a user of the Portal,
and you will only be permitted to use the Portal, once you receive a confirmatory email from us. Without prejudice
to the fact that this Agreement governs all your use of the Portal and your use of any services offered via the
Portal, you will have no right to use the Portal (and we will have no obligations to provide you with access to it)
until you receive that confirmatory email).
2.
Disclaimer
2.1
We agree to provide you with access
to the Portal. There may, however, be times when we are unable to provide
such access. Access to or use of the
Portal or pages linked to it will not necessarily be uninterrupted or error
free. We may log off any user for inactivity on the Portal during such period
as we may decide.
2.2
Dubai World accepts no obligation to
monitor the use of the Portal. Dubai World does, however, reserve the right
to block your access to the Portal and/or to take such other action as may
be necessary to prevent any breach of these terms and conditions or any breach
of applicable law or regulation. �
2.3
The Portal includes links to external
portals, websites and may include links to co-branded pages. We have included
links to these portals, websites and co-branded pages to provide you with
access to information and services that you may find useful or interesting.
We are not responsible for the content of these portals, websites and pages
or for anything provided by them.
2.4
We may change the format and content
of the Portal from time to time. The most up to date version of the Portal will
be available when you refresh your browser and each time you log on to the Portal.
3.
Password Use, Data Collection and Security
3.1
As part of the sign-up process, you will
be asked to nominate the number of your employees you wish to be able to access
the Portal and provide their names. If we accept you as a user of the Portal
(as described in clause 1.2), we will decide how many of these prospective users
should be permitted users of the Portal. User profiles (including passwords and user names)
in respect of approved prospective users will be then be entered by our Portal Administrator.
Each user in respect of whom a user name and password is entered is referred to as a "Permitted
User".
3.2
Access to those parts of the Portal
which are password protected using passwords issued is restricted exclusively
to Permitted Users. Your passwords must not be disclosed to, nor used for or
on behalf of anyone but the relevant Permitted User, whether in or outside your
organisation. �
3.3
You must keep all user names and
passwords confidential at all times (and ensure that Permitted Users do the same),
and must not disclose any user name or password to any other person other than
the relevant Permitted User. You must ensure that user names and passwords are
only used by the relevant Permitted Users and only for authorised access to
the Portal in accordance with this Agreement. If anybody else using a user
name or a password issued to you,
breaches this Agreement, or carries out any act in accessing the Portal then this
breach or act will be treated as a breach or act by you. Dubai World shall not be
liable for any loss or damage arising out of any unauthorised use of any user name
and/or password issued to you.
3.4
We will change a password and username
issued in respect of Permitted Users (including your User Administrator) at your
request and reserves the right to issue a new username and/or password and block
access to the previous one(s) at any time if we reasonably believe it is appropriate
for the security or proper operation of the Portal.
3.5
You agree that all data and information
you provide us will be accurate and that such information and data maybe used
by us in accordance with our privacy policy
3.6
Dubai World also reserves the right
to take such action in relation to and disclose such information as it considers
appropriate to law enforcement and other relevant authorities with respect to
any investigation of suspected unlawful activity or violation of network security,
and to use the information for statistical reports on Portal usage.
3.7
We may in the future decide to make
the use of digital signatures mandatory for all users of the Portal in
relation the ordering of services from Dubai World and any other activity
conducted via the Portal as we may decide. The move to use of digital signatures
will not occur before a framework for their legal recognition enters into force
under UAE law. Users will be notified of this move before it is implemented, and
if any user does not enter into an agreement with a certification provider
(or equivalent third party) nominated by us for the provision of digital signature
certification services by a date specified by us (allowing a reasonable time for
users to conclude that agreement), that user's access to all or certain parts of
the Portal or services available via the Portal may be denied.
4.
Intellectual Property Rights
4.1
All intellectual property and other
rights in any information or material accessible or available from the Portal,
including any text, graphics, data and screen lay-outs and software relating
to the Portal (the "Content") belong to us (or the third party which owns
the rights in such content).
5.
Your Responsibilities
5.1
You are allowed to browse the Portal
and (subject to the provisions in clause 1.2), to order and use services from
Dubai World via the Portal.
5.2
You must not:
(a)
Download, print, copy or otherwise reproduce
any Content except that you may print copy or otherwise reproduce any Content which
relates solely to you (such as invoices, manifests and other documents which relate to you but to no other user of the Portal); or �
(b)
Remove or change anything on the Portal or add anything to it;
5.3
You must only use the Portal and anything available
from the Portal for lawful purposes, and you must comply with all applicable laws, statutes
and regulations. You must not use the Portal to:
(a)
Harass, stalk, threaten or otherwise violate the rights of others;
(b)
Harm or threaten to cause harm to minors; or
(c)
Impersonate anyone else or otherwise misrepresent your identity or status.
5.4
You must not hack into the Portal or any other related computer
system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests,
pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit
other users from using and enjoying the Portal or any other web Portal or damage or destroy the reputation
of Dubai World or any third party.
6.
Exclusions and Limitations
6.1
The information on this web site is provided on
an "as is" basis. To the fullest extent permitted by law, Dubai World excludes all representations
and warranties relating to this website and its contents or which is or may be provided by any
affiliates or any other third party, including in relation to any inaccuracies or omissions
in this website and/or the organization�s literature; and
6.2
In no event shall we be liable
(whether for breach of contract, negligence or for any other reason) for any loss of
profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill,
loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer
equipment, software or data, loss of or waste of management or other staff time, or for
any indirect, consequential, punitive or special loss, however arising.
6.3
Subject to clauses
6.1, and 6.2 our maximum aggregate liability to you in connection with the Portal and/or this
Agreement whether in contract, tort, negligence or otherwise is limited to the amount actually
paid by you to us in connection with the provision of the Portal and our provision of services
to you through it.
6.4
While we try to make sure that all information,
which we place on the Portal is correct, we do not accept any liability for any error or
omission. The information we place on the Portal is provided as a general guide only
and not for any specific purpose.�
7.
Suspension and termination of Portal
7.1
We reserve the right to
terminate your access to the Portal at any time without prior notice. Access will be withdrawn
automatically if a password issued to you has not been used for such period as we may decide.
8.
Provision of services
8.1
Any services other than the provision of the Portal
itself (which shall be referred to as "Services") made available to you via the Portal are
made available as set out below and are subject to the limitations of liability in clause 6 above.�
8.2
We may terminate or suspend the availability of any Services,
or other services displayed on the Portal at any time without notice for support or maintenance work,
in order to update content or for any other reason.
8.3
You will provide all information and documents to us
relevant to the Services you have ordered, where relevant to those Services and any other
information and/or documents reasonably required by us from time to time. You bear full responsibility
for all information (including its accuracy) sent to us in connection with Services you have ordered
and you acknowledge that any misuse of the Portal may result in the imposition of legal sanctions
under the applicable legislation.
8.4
Prices for each Service and for the provision of access to the Portal
(if any) are as set out and are exclusive of taxes and duty (if applicable) and are in United Arab Emirates Dirham.
We may change the prices at any time. �
8.5
We will do our best to correct errors and omissions
as soon as is practicable after becoming aware of them. An example of an error may be where
the price displayed for certain Services is incorrect and where any error occurs. We reserve
the right to either �
(a)
cancel that contract with you, without any liability to you on our part, or �
(b)
perform the Services in question and charge you the correct price, which ought to have been entered on the portal. �
8.6
The information relating to the Services is displayed on the
Portal for your information and to help you decide whether you would like to make us a service
request to obtain any of the Services. Once you go to the "Order" page of the Portal, clicking
to "confirm" to purchase any of the Services constitutes a service request made to us by you.
Acceptance by us of your service request will only occur once you receive e-mail notification
from us of our acceptance of your order at which point there will be a binding contract between
you and us.
8.7
We may in the future add B2B functionality to the Portal
(or parts of it) permitting users to conclude contracts between themselves. If and when we do so
(and we are under no obligation to), further terms will apply to that functionality and in particular
Dubai World will have no liability whatsoever in respect of any negotiations or contracts between
users or for anything done or not done in connection with those negotiations or contracts.
9.
General and governing law
9.1
We may alter the Agreement from time to time and post the
new version on the Portal, following which all use of and access to the Portal will be governed by
that version. You should check the Agreement each time you revisit the Portal. This Agreement forms
the entire understanding of the parties and supersedes all previous agreements, understandings and
representations relating to the subject matter..
9.2
If any provision of the Agreement is found to be unenforceable,
this shall not affect the validity of any other provision. We may delay enforcing our rights under these
the Agreement without losing them.
9.3
You may not assign your rights or obligations under
this Agreement to any third party without the prior express consent in writing of Dubai World.
9.4
This Agreement shall be governed and interpreted in accordance with
the Law No. 2 of 2002 of the Emirate of Dubai regarding Electronic Transactions and Commerce, and you
consent to the non-exclusive jurisdiction of the Dubai courts.
10
Log Files
10.1
We use IP addresses to analyse trends, administer
the site, track user�s movement, and gather broad demographic information for aggregate
use. IP addresses are not linked to personally identifiable information. Additionally,
for systems administration, detecting usage patterns and troubleshooting purposes, our
web servers automatically log standard access information including browser type, access
times/open mail, URL requested, and referral URL. This information is not shared with
third parties and is used only within Dubai World on a need-to-know basis. Any individually
identifiable information related to this data will never be used in any way different to that
stated above without your explicit permission.
11
Cookies
11.1
Like most interactive web sites this
portal uses cookies to enable us to retrieve user details for each visit.
Cookies are used in some areas of our site to enable the functionality of this area
and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
12
Force Majeure
12.1
Any previous agreement between you and
PCFC or any of its business units is hereby terminated by agreement, without
prejudice to any accrued rights and obligations of the parties. You agree that
any outstanding payments payable by you under any such agreements shall remain
payable, and that the right to receive such payment is hereby assigned with
your consent to PCFC.
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