SITE TERMS AND CONDITIONS

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (Hereinafter referred to as “you”) and 247 PT FZC (Hereinafter referred as “we”, “us”, or “our”), concerning your access to and use of the 247personal.training website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (Collectively, hereinafter referred as the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site, and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.

We shall alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms and Conditions to stay informed about updates, if any. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations shall do so on their own initiative and shall be solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The following incloudes the terms of use that govern use of the Site (“Terms of Use”).

1.   SITE OPERATION

United Arab Emirates is our Country of Domicile. We control this Site from the U.A.E. We make no representation that this Site is appropriate for use in other locations. If you intend to access this site from other locations you shall be solely responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

2.   Age Restrictions

The Site is intended for users who have completed 18 years of age.

By accessing the Site you represent and warrant that: –

1. you are 18 years of age or older and you agree to be bound by this Agreement;
2. if you are under 18 years of age, you have obtained verifiable consent from a parent or legal guardian; and
3. your use of the Products does not violate any applicable law or regulation. Your access to the Site may be terminated without warning. We believe, at our sole discretion, that you are under the age of 18 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Site, you agree to be bound by this Agreement in respect to your child’s use of this Site.

3.   INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Arab Emirates, foreign jurisdictions, and International conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks shall be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

4.   USER REPRESENTATIONS

By using the Site, you represent and warrant that: –

• All registration information you submit will be true, accurate, current, and complete;
• You will maintain the accuracy of such information and promptly update such registration information as necessary;
• You have the legal capacity and you agree to comply with these Terms and Conditions;
• You are not under the age of 18;
• You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
• You will not use the Site for any illegal or unauthorized purpose; and
• Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

5.   USER REGISTRATION

You shall be required to register with the Site. You agree to keep your log-in credentials confidential and will be responsible for the use of your account and credentials. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6.   PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
3. Use a purchasing agent to make purchases on the Site;
4. Use the Site to advertise or offer to sell goods and services;
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
6. Engage in unauthorized framing of or linking to the Site;
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as log-in credentials;
8. Make improper use of our support services or submit false reports of abuse or misconduct;
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
11. Attempt to impersonate another user or person or use the username of another user;
12. Sell or otherwise transfer your profile;
13. Use any information obtained from the Site in order to harass, abuse, or harm another person;
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;
18. Delete the copyright or other proprietary rights notice from any Content.
19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;
21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. and
24. Use the Site in a manner inconsistent with any applicable laws, regulations, rules, ministerial resolutions, decrees etc.

7) USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (Collectively, hereinafter referred as “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your contributions in any manner contemplated by the Site and these Terms and Conditions;
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions;
4. Your contributions are not false, inaccurate, or misleading;
5. Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
6. Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
7. Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
8. Your contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another;
9. Your contributions do not violate any applicable law, regulation, or rule;
10. Your contributions do not violate the privacy or publicity rights of any third party;
11. Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
12. Your contributions do not violate any law prohibiting pornography, or otherwise intended to protect the health or well-being of minors;
13. Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap; and
14. Your contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use this Site.

8.   CONTRIBUTION LICENSE

By posting your contributions to any part of the Site or making contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereinafter developed, and includes our use of your first name, last name, email address, mobile number and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion: –

• to edit, redact, or otherwise change any Contributions;
• to re-categorize any Contributions to place them in more appropriate locations on the Site; and
• to pre-screen or delete any Contributions at any time and for any reason, without notice.

We have no obligation to monitor your Contributions.

9.   GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: –

• you should have firsthand experience with the person/entity being reviewed;
• your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
• your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
• your reviews should not contain references to illegal activity;
• you should not be affiliated with competitors if posting negative reviews;
• you should not make any conclusions as to the legality of conduct;
• you may not post any false or misleading statements;
• you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

10)   MOBILE APPLICATION LICENSE

a)    Use License

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions.

You shall not: –

• decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
• make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
• violate any applicable laws, rules, or regulations in connection with your access or use of the application;
• remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
• use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
• make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
• use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
• use the application to send automated queries to any website or to send any unsolicited commercial e-mail; and
• use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

b)    Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: –

• The license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
• We are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
• In the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
• You must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
• You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof.

11) SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (Hereinafter referred to as “Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

12) THIRD-PARTY WEBSITES AND CONTENT

The Site shall contain (or you may be sent via the Site) links to other websites (hereinafter referred as “Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, and other content or items belonging to or originating from third parties (Hereinafter referred as “Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you are free to do so at your own risk, and you shall be aware that these Terms and Conditions no longer govern the use of such Third Party Websites.

You should review the applicable terms and policies, including privacy and data gathering practices, of such third-party website(s) to which you navigate from this Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through such websites and from other companies, and we shall not be liable for whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

13) ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

14) SITE MANAGEMENT

We reserve the right, but not the obligation, to: –

• monitor the Site for violations of these Terms and Conditions;
• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting the violation of by user to law enforcement authorities;
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; and
• otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

15) PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]/posted on the Site]. By using the Site, you agree to be bound by our Privacy Policy, which shall be incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United Arab Emirates.

If you access the Site from the United States, European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the U.A.E., then through your continued use of the Site, you are transferring your data to the U.A.E., and you expressly consent to have your data transferred to and processed in the U.A.E.

Once you are directed to a third-party website, the usage of the said website shall be governed by its privacy policy.

16) FEDERAL LAW NO. 7 OF 2002 ON COPYRIGHTS AND RELATED RIGHTS

NOTICE AND POLICY

a)    Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (Hereinafter referred to as “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to the Federal law No. 7 of 2002 on Copyrights and related Rights (Hereinafter referred to as the “Federal Law”), you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to the Site infringes your copyright, you should consider first contacting an attorney for seeking legal advice before notifying the Copyright Agent.

All Notifications should include the following information: –

• A physical or electronic 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 on the Site are covered by the Notification, a representative list of such works on the 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 us to locate the material;
• information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email 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 upon.

17) COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to Federal Law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney seeking legal advice before sending a notification.

18) TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW, DECREES, MINISTERIAL RESOLUTIONS, REGULATIONS AND RULES. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate/suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we also reserve the right to take appropriate legal action, including without limitation to pursuing civil, criminal, and injunctive remedies.

19) MODIFICATIONS AND INTERRUPTIONS

In the event of a scheduled maintenance of the site, a notification stating the date, the starting time and the duration of the maintenance shall be sent via e-mail and SMS to the subscribers prior to the scheduled date.

20) GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the United Arab Emirates applicable to agreements made and to be entirely performed within the U.A.E, without regard to its principles of conflict of law. The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to the principles of conflict of laws. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

21) DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (Collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the Federal and Local Courts located in Sharjah, U.A.E., and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the said Emirate and the relevant Federal/Local Court.

22) CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

23) DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

24) LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE 12 MONTH PERIOD PRIOR TO THE ARISING OF ANY CAUSE OF ACTION.

25) INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: –

• Your contributions;
• Use of the Site;
• breach of these Terms and Conditions;
• any breach of your representations and warranties set forth in these Terms and Conditions;
• your violation of the rights of a third party, including but not limited to intellectual property rights; or
• any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

26) USER DATA

We shall maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

27) ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms for the purpose of subscribing to our services, making payments and receiving receipts for such payments shall constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, SMS and through the Site, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, ELECTRONIC INVOICES FOR MAKING PAYMENTS, RECEIPTS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments by any means other than electronic means.

28) MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

29) OFFERED INFORMATION

• Although the information on the Site – with the exception of the Contributions – is made with great care, a complete accuracy, reliability or suitability whatsoever cannot be guaranteed. Therefore, in case you rely on the information on this website, whether or not originating from us or one of our employees, this is completely at your own risk;
• The information is explicitly not meant for replacing medical care, medical advice or support by professionals within other disciplines. The information should in example never be used for (self) diagnosis. In any case it is strongly recommended that you immediately consult your doctor with any medical questions, complaints and/or symptoms; and
• By accepting these Terms and Conditions the Party explicitly you recognizes that we cannot be held liable for any defects and/or wrong information contained within the information offered, and the possible damage which may occur in result thereof.

30) PHYSICAL EXERCISE AND NUTRITION

Performing physical exercise or following a diet plan can pose a health risk, ranging from injuries to death. Prior to starting any form of physical exercise or a diet plan, we recommend you to consult a doctor and/or dietitian. In the event of experiencing any form of pain or dizziness or shortage of breath intake, we strongly warn you to stop the physical exercise or diet plan immediately and seek medical intervention.

31) RESTRICTIONS IN PROVIDING SERVICES DUE TO DIPLOMATIC REASONS

We shall not provide any services to individuals belonging to and entities owned or controlled by countries with which the Federal Government of U.A.E. does not maintaining any form of diplomatic relations.

We shall also not provide any services to individuals and organizations that pose a threat to national security, foreign policy and economy of the United Arab Emirates.

32) SEVERABILITY

If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Headings & section titles in this Agreement are for meant for the purpose of convenience and do not define, limit, or extend any provision of this Agreement.

33) MODIFICATIONS TO THE PRODUCTS

• We reserve the right at any time to modify, stop or change a part of, or the whole of one or more of the Products, for a determined period or always, without prior notification to you, whether it concerns paid or unpaid products;

• This may also result in non-accessability or loss of a part or the whole of the contributions. We shall not be held liable for any direct or indirect damage resulting thereof; and

• In the event of modifying product(s), for whatever reason, the the amount paid for subscribing the product shall be refunded on a pro rata

34) MULTI-CURRENCY PRICED TRANSACTION

The price of a product will be display based on the currency selected by a person. In the event of purchasing the product, the payment shall be made for the price shown in the currency selected by the subscriber. The amount shown in the selected currency shall be printed in the invoice.

35) PURCHASES

• We usually accept payment by debit and credit cards powered by Visa/Mastercard for its products and services. All online purchases shall be governed by the terms and conditions of respective merchant service providers. Subscribers are advised to carefully review the Merchant service provider’s user agreement and privacy policy before entering into any transaction;
• The price ascertained for each work shall be subject to change without prior notice; and
• Subscriber shall retain a copy of the payment invoice, Merchant policies and rules.

35) CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

247 PT FZC

Address: SAIF Office, Bldg.Q1-06, Office no 021/C,

P.O. Box 9622 Sharjah, U.A.E.

Contact Phone: +971 585599922

Email: – [email protected]

INTERMEDIARY, USER AND VENDOR AGREEMENT

Background

1. 247 PT FZC using 247personal.training as portal (Hereinafter referred to as the “Intermediary”) intends to create a global online platform alone for those who would like to: –

1. Purchasing fitness products from any corner of the world;
2. Selling fitness products to customers in any corner of the world;
3. Availing various kinds of fitness and wellness related services from experts across the globe; and
4. Imparting various kinds of fitness and wellness related services to people across the globe.

2. A Vendor shall be an individual/entity which intends to: –

1. Sell his/its fitness/sports related products through the portal of the Intermediary to the users; or
2. Provide fitness and wellness related services to the users of this portal

3. A user shall be a person who has been registered with the Intermediary for: –

1. Either purchasing the products displayed on the portal; or
2. Availing a particular service displayed on the portal by paying its fees.

4. The Intermediary is of the opinion that a vendor who intends to: –

1. sell its products to the users has obtained the necessary statutory permits and certifications; and
2. provide fitness related services has obtained the necessary qualifications and experience to provide its services to the users.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Intermediary, user and the Vendor (Individually the “Party” and collectively the “Parties” to this Agreement) agree as follows: –

Terms of the Agreement

1. With regard to the user, the terms of this Agreement shall be operative on the parties on the date from which a user registers with the Intermediary for the purpose of either purchasing product(s) or availing the services of a vendor by making the payment to the Intermediary. The payment made by the user shall be subject to the terms and conditions relating to payment that shall be stated below; and

2. With regard to a vendor, the terms of this Agreement shall be operative on the parties from the date from which a vendor registers with the Intermediary for the purpose of either selling product(s) or providing its services to a user on receipt of payment of the fees prescribed for a service. The payment made by the user shall be subject to the terms and conditions relating to payment that shall be stated below.

Intermediary’s Obligations

The Intermediary shall be obliged to: –

1. Maintain and keep the portal updated in the best manner possible to enable the users to purchase the desired products or avail the desired services;

1. Accept, on behalf of the Vendor, the payments made by a user for either purchasing a product upon payment of its price or availing service(s) upon payment of its fees;

1. To transfer the payments received from the users, which shall be in accordance with the Terms of Payment;

1. To keep the users informed about the change in price of product(s)/fees of a service(s) made by vendors;

1. To keep the users informed about the revocation of a product(s)/service(s) made by vendors; and

1. To inform, in advance, the users and vendors about any scheduled maintenance of this website via through all the modes of communication.

Vendor’s Obligations

The Vendor shall be obliged to: –

1. To pass the necessary information to the Intermediary for the purpose of providing the latest details about its products/services through this portal;

1. To immediately inform the Intermediary to remove the details about a particular product/service when it has revoked a particular product/service;

1. To do the necessary to send the invoice to the user who has purchased product(s) from it through the Intermediary for the purpose of confirming the acceptance of the payment from the user and thereby to receive the same from the Intermediary;

1. To do the necessary to deliver the ordered product to the user within the time stated in the description of each product;

1. To do the necessary to send the necessary details about the commencement of particular service(s) for the purpose of confirming the accepting the payment from the user and also to receive the said amount from the Intermediary;

1. To do the necessary to initiate the cancellation of a product(s) purchased by a user and refund the money subject to its terms and conditions;

1. To do the necessary to initiate the cancellation of service(s) availed by a user and refund the subscription fees which shall be subject to its terms and conditions; and

1. To inform the date, time and venue for the purpose of imparting service(s) availed by a user.

User’s Obligations

The user shall be obliged to: –

1. To be informed about the description of the product(s) and the terms and conditions of the Vendor before purchasing the desired product(s);

1. To pay the price for purchasing the product(s);

1. To be informed about the description of service(s) and the terms and conditions of the Vendor before availing the service(s);

1. To pay the agreed fees for the purpose of availing the service;

1. To avail the service in accordance with the instructions of the Vendor which imparts the same;

1. In the case of returning purchased product(s), to return in accordance with the terms and conditions of the Vendor from which he/she purchased the same; and

1. In the case of claiming a refund of a payment made for purchasing a product/availing a service in accordance with the terms and conditions of the Vendor which sells the product/provides the service.

Terms of Payment

1. Once a user makes a payment for the purpose of purchasing product(s)/availing service(s), the amount shall be received by the Intermediary;

2. The payment shall be confirmed only: –

1. In the case of a purchase, an invoice is sent via mail by the Intermediary to the user; and

1. In the case of availing a service, once the details regarding the commencement of the service is sent via mail by the Vendor to the user and Intermediary.

3. The Intermediary shall, after deducting its commission (%) + VAT, transfer the amount received from the user once the Vendor complies with Clause 2;

4. Payments shall be issued within 2 weeks to avoid any frauds, transaction disputes with users;

5. In the case of cancellation of a purchase/availed service by the user, the refund of the payment shall be made by the Vendor subject to its terms and conditions. The refund of the amount shall be made back to the source from which the payment was made. (Any refund for an amount above AED…… shall incur a merchant transaction fee of AED …… + % as deduction of the price/fees which shall be issued by the Vendor); and

6. The Vendor will always accept bookings online through the Intermediary’s marketplace and never accept cash, cheque or any other means of monetary value other than through the Intermediary’s booking platform where a user books directly with Intermediary.

Terms of Subscription

1. The payments of subscription fees shall be accepted only through the following methods: – ;

2. The payments of subscription fees shall be paid either on a monthly/annual basis by the subscriber;

3. The payments of subscription fees shall also be billed in accordance with the Clause 2;

4. Once a subscription plan ends, the amount paid by the user for subscribing a particular plan of a service shall, in the case of default, be auto-deducted from the source of the payment as a part of renewing the subscription plan;

5. A user who wishes to cancel his/her subscription shall make the cancellation 14 days prior to the end of the subscription period;

6. Users who are yet to complete their current month’s sessions of a particular service shall be carried forward to the next month;

7. A request for cancelling any plan of a service shall be done by the subscriber manually either by logging into his/her account or by sending an e-mail in writing; and

8. The Intermediary shall not be liable for any financial loss or damage caused by either auto-renewal or any error in transactions.

Set-Off

1. The Vendor accepts to return any additional amount issued either in fault, error or miscommunication to Intermediary and its users. This will be applied in a monetary refund in cash or Direct Bank Wire to the Intermediary; and

2. Intermediary may set off against any amounts payable to the Vendor any amount owed by the Vendor to Intermediary. The Vendor shall not have the right to set off any amounts by the Intermediary.

 Independence of Vendor

A vendor who uses this website for selling product(s) or marketing a service shall be acting as an independent vendor and not an employee. The Intermediary is not liable to pay, or make any contributions to, any social security, local, state tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Vendor.

Indemnity

The Parties mutually agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Ownership of Intellectual Property

All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced by the Intermediary shall be the sole property of the Intermediary;

All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced by the Vendor shall be the sole property of the Vendor.

The parties mutually agree that any party who misuses the intellectual party of the other shall be held liable for damages.

Governing Law and Settlement of Disputes

This Agreement shall be governed by the Laws of Sharjah and United Arab Emirates. Any dispute arising out of this Agreement between the parties shall be commenced or prosecuted in the Federal and Local Courts located in Sharjah, U.A.E., and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the said Emirate and the relevant Federal/Local Court.

Severability

In the event of any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, the remaining provisions shall be deemed to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

No waiver of any right hereunder by either party shall operate as a waiver of any other rights, or of the same right with respect to any subsequent occasion for its exercise, or of any right to damages. No waiver of either party or any breach of this Agreement shall be held to constitute a waiver of any other breach or of a continuation of the same breach. All remedies provided by this Agreement are in addition to all other remedies provided by law.

Cancellation Policy

Cancellation of Products purchased by customers

Cancellation of products purchased by customers shall be subject to the terms and conditions of the Seller.

Prior to cancelling an order, please refer to the cancellation policy of the seller by logging on to the seller’s website. For the purpose of cancelling an order, please find the contact details in the description of the particular item.

Cancellation of Services

 Cancellation of a service availed by customers shall be subject to the terms and conditions of the provider who/which provides the service.

Prior to cancelling a service, you are requested to refer to the cancellation policy of the service provider by logging on to its website. For the purpose of cancelling a service, please find the contact details in the description of the particular service.

REFUND POLICY

Refund of Money for purchased products

Refund of amount paid for purchasing product(s) shall be subject to the terms and conditions of the seller.

Refund of amount for availing a Service

Refund of amount paid for availing a service shall be subject to the terms and conditions of the service provider.

Once a cancellation is endorsed by the seller/provider, the refund of the amount shall be made back to the source from which the payment was made. The refund shall also be made after deducting the applicable charges and fees, if any.

DELIVERY POLICY

Delivery of a product purchased by a customer shall be subject to the terms and conditions of the Seller. 

RETURN POLICY

Return of products purchased by the customers shall be subject to the terms and conditions of the Seller.

Prior to returning a product purchased by you, you are requested to refer to the return policy of the seller by logging on to its portal. For the purpose of returning a product, please find the contact details in the description of the particular product.

IN WITNESS WHEREOF the Parties have duly accepted the Agreement and by proceeding they accept all the aforementioned terms and conditions of this Agreement for the purpose of accessing and using this portal.

USER AND SERVICE PROVIDER AGREEMENT

Background

1. 247 PT FZC (Hereinafter referred to as the “Service Provider”) using its 247 PT mobile cum web based application (Hereinafter referred to as the “247PT”) intends to create a global online mobile platform alone for those who would like to avail various kinds of fitness related trainings.

2. A user shall be a person who has been registered with the Service Provider for availing the services of the service provider by paying the fees displayed for each service offered on the 247PT.

3. The Service Provider intends to impart virtual training for gaining fitness to users who have registered with the former by paying the prescribed subscription fees for the service marketed by the provider.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, that the Service Provider and the User  (Individually the “Party” and collectively the “Parties” to this Agreement) agree as follows: –

Terms of the Agreement

With regard to a Service Provider, the terms of this Agreement shall be operative on the parties from the date from which a user registers with the service provider, through 247PT, for the purpose of providing its services to a user on receipt of payment of the fees prescribed for a service. The payment made by the user shall be subject to the terms and conditions relating to payment that shall be stated below.

Service Provider’s Obligations

The service provider shall be obliged to: –

1. Accept payments made by a user for availing the service(s) of the upon payment of its fees prescribed for each service;

1. To keep the users informed about the change in fees of a service(s) made by it;

1. To keep the users informed about the revocation of service(s) made by it; and

1. To inform, in advance, the users about any scheduled maintenance of this mobile application via through all the modes of communication.

User’s Obligations

The user shall be obliged to: –

1. To go through the description of service(s) and the terms and conditions of the service provider before availing the service(s);

1. To pay the agreed fees for the purpose of availing the service; and

1. To avail the service in accordance with the instructions of the service provider which imparts the same.

Terms of Payment

1. Once a user makes a payment for availing service(s), the amount shall be received by the service provider;

1. The payment shall be made through only through the online modes of payment such as Credit/Debit Cards and Wallets; and

1. Once the payment is confirmed, the user shall receive an invoice from the service provider for the payment.

Terms of Subscription

1. The payments of subscription fees shall be accepted only through the following methods: – ;

1. The payments of subscription fees shall be paid either on a monthly/annual basis by the subscriber;

1. The payments of subscription fees shall also be billed in accordance with the Clause 2;

1. Once a subscription plan ends, the amount paid by the user for subscribing a particular plan of a service shall, in the case of default, be auto-deducted from the source of the payment as a part of renewing the subscription plan;

1. A user who wishes to cancel his/her subscription shall make the cancellation 14 days prior to the end of the subscription period;

1. Users who are yet to complete their current month’s sessions of a particular service shall be carried forward to the next month;

1. A request for cancelling any plan of a service shall be done by the subscriber manually either by logging into his/her account or by sending an e-mail in writing;

1. Refunds will, at service provider’s discretion, be processed pro-rata and will count each day as a booking. Except in exceptional circumstances, no refunds shall be made for any cancellation;

1. The intermediary shall not be liable for any financial loss or damage caused by either auto-renewal or any error in transactions; and

1. The service provider shall provide various services to its users by posting on 247PT: –

1. Customized videos;
2. Pre-recorded videos; and 3D videos etc.

Set-Off

The service provider accepts to return any additional amount issued either in fault, error or miscommunication to its users. This will be applied in a monetary refund in cash or Direct Bank Wire to the users.

Indemnity

The Parties mutually agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

Ownership of Intellectual Property

1. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced by the intermediary shall be the sole property of the Service Provider; and

1. In the event of misusing the intellectual property of the service provider, the user shall be held liable for damages.

Governing Law and Settlement of Disputes

This Agreement shall be governed by the Laws of Sharjah and United Arab Emirates. Any dispute arising out of this Agreement between the parties shall be commenced or prosecuted in the Federal and Local Courts located in Sharjah, U.A.E., and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in the said Emirate and the relevant Federal/Local Court.

Severability

In the event of any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, the remaining provisions shall be deemed to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

Waiver

No waiver of any right hereunder by either party shall operate as a waiver of any other rights, or of the same right with respect to any subsequent occasion for its exercise, or of any right to damages. No waiver of either party or any breach of this agreement shall be held to constitute a waiver of any other breach or of a continuation of the same breach. All remedies provided by this agreement are in addition to all other remedies provided by law.

CANCELLATION POLICY FOR PERIODICAL MEMBERSHIP AND/OR MONTHLY SUBSCRIPTIONS

Memberships granted by the Service Provider

Termination of periodical subscriptions shall not take effect before the end of the agreed period. Such termination has to be done at least 1 month prior to the end of the (renewed) contract period. In the case of monthly subscriptions, cancellation has to be done at least prior to the termination of the contract. In the event of non-cancellation, the subscriptions shall get auto-extended after the agreed period for a same period, unless otherwise agreed. The payment for the auto-extension shall be automatically made by deducting the amount stated for the subscription plan from the source of the payment. Subject to the aforementioned terms, subscribers can unsubscribe at any time.

For the purpose of cancelling a subscription effectively, a request via e-mail shall be sent to [email protected].

REFUND POLICY FOR BOOKINGS MADE THROUGH MOBILE APPLICATION

Pursuant to a cancellation, the amount shall not be refunded. Instead, the said amount can be used for making availing any other service through this App.

IN WITNESS WHEREOF the parties have duly accepted the agreement and by proceeding they accept all the aforementioned terms and conditions of this Agreement for the purpose of accessing and using this mobile application.