Terms Of Use
Terms Of Use
These Terms and Conditions of Use (the “Terms of Use”) Apply to the HUNDRED
TECHNOLOGY MENA DMCC (hereinafter referred to as “Hundred Offers”) web App
located at www.wordpress-601498-1946810.cloudwaysapps.com (the “Website”), and all associated Application linked
to www.wordpress-601498-1946810.cloudwaysapps.com by Hundred Offers, its subsidiaries and affiliates, including
Hundred Offers Applications (collectively, the “App or “Application”“). The Application
is the property of Hundred Offers and its licensors. BY USING THE APP, YOU AGREE TO
THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE APP.
1. Acceptance of the Terms of Use
Hundred Offers reserves the right, at its sole discretion, to change, modify, add
or remove portions of these Terms of Use, at any time without any notice. It is
your responsibility to check these Terms of Use on a regular basis for changes.
Your continued use of the Application following the posting of changes will mean
that you accept and agree to the changes. As long as you comply with these
Terms of Use, Hundred Offers grants you a personal, non-exclusive, nontransferable, limited privilege to enter and use the App.
Please read the Terms of Use carefully before you start to use the App. By using the App, you expressly accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.
For the purposes of this section “Age of Majority” means the required age which is reckoned as the age of majority under the applicable UAE Laws.
Persons who are under the Age of Majority of age may only use our Application with legal parental or guardian consent. You hereby represent and warrant that you are at least the Age of Majority or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. You are in compliance with all laws and regulations in the country in which you live when you access and use the App. You agree to use the App only in compliance with these Terms and the applicable law, and in a manner that does not violate our legal rights or those of any third party(ies). We suggest that you take advantage of any access controls offered through the Application or third-party Apps, which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.
Please read the Terms of Use carefully before you start to use the App. By using the App, you expressly accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the App.
For the purposes of this section “Age of Majority” means the required age which is reckoned as the age of majority under the applicable UAE Laws.
Persons who are under the Age of Majority of age may only use our Application with legal parental or guardian consent. You hereby represent and warrant that you are at least the Age of Majority or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. You are in compliance with all laws and regulations in the country in which you live when you access and use the App. You agree to use the App only in compliance with these Terms and the applicable law, and in a manner that does not violate our legal rights or those of any third party(ies). We suggest that you take advantage of any access controls offered through the Application or third-party Apps, which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.
2. Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, artwork and computer code and any other copy rights(collectively,
“Content”), including but not limited to the design, structure, selection,
coordination, expression, “look and feel” and arrangement of such Content,
contained on the App is owned, controlled or licensed by or to Hundred Offers,
and is protected by trade dress, copyright, patent and trademark laws, and
various other intellectual property rights and unfair competition laws. Any such
Content that is not owned, controlled or licensed by or to Hundred Offers shall
be clearly demarcated as being owned by the respective owner of the Content.
Hundred Offers is not liable for any losses, expenses incurred, or
misrepresentation of any manner that is attributable to the reliance on any such
Content that is not owned, controlled or licensed by or to Hundred Offers.
Except as expressly provided in these Terms of Use, no part of the App and no
Content shall be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way (including
“mirroring”) to any other computer, server, App or other medium for publication
or distribution or for any commercial enterprise, without Hundred Offers’s
express prior written consent.
3. Accessing the Application and Account Security
We reserve the right to withdraw or amend the App, and any service or
material provided on the App, at our sole discretion without notice. We will
not be liable if for any reason all or any part of the App is unavailable at any
time or for any period. From time to time, we may restrict access to some
parts of the App, or the entire App, to users, including registered users.
To access the App or some of the resources it offers, you may be asked to
provide certain registration details or other information. It is a condition of
your use of the App that all the information you provide on the App is accurate,
and complete. You agree that all information you provide to register with the
App or otherwise, including but not limited to through the use of any
interactive features on the App, is governed by our Privacy Policy as well as
the end user license agreement (the “EULA”), and you consent to all actions
we take with respect to your information consistent with our Privacy Policy
and EULA.
If you choose, or are provided with, a user name, password or any other piece
of information as part of our security procedures, you must treat such
information as confidential, and you must not disclose it to any other person
or entity. We shall not be held liable for any liabilities, losses or damages
incurred by you that is attributable to your disclosure of such confidential
information and shall be held indemnified against any and all claims. You also
acknowledge that your account is personal to you and agree not to provide any other person with access to the App using your user name, password or
other security information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other
breach of security. You also agree to ensure that you exit from your account
at the end of each session. You should use particular caution when accessing
your account from a public or shared computer so that others are not able to
view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
4. Purchases; Other Terms and Conditions
Hundred Offers ’s obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are provided, and
nothing on this App should be construed to alter such agreements.
Hundred Offers may make changes to any products or services offered on the App, at any time, without notice. The materials on the App with respect to products and services may be out of date, and Hundred Offers makes no commitment to update the materials on the App with respect to such products and services.
Hundred Offers may make changes to any products or services offered on the App, at any time, without notice. The materials on the App with respect to products and services may be out of date, and Hundred Offers makes no commitment to update the materials on the App with respect to such products and services.
5. Registration, User Names and Passwords:
You may be required to register with Hundred Offers in order to access certain
areas of the App. With respect to any such registration, Hundred Offers may
refuse to grant you, and you may not use, a user name (or e-mail address)
that is already being used by someone else; that may be construed as
impersonating another person; that belongs to another person; that
personally identifies you; that violates the intellectual property or other rights
of any person; that is offensive; or that Hundred Offers rejects for any other
reason in Hundred Offers’s sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the App, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the App, to any third party. You are fully responsible for all interaction with the App that occurs in connection with your password or user name. You agree to notify Hundred Offers immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the App, and to ensure that you “log off”/exit from your account with the App (if Applicable) at the end of each session. Hundred Offers is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Should any provisions of the Terms of Use not be acceptable to you, kindly do not proceed to use the account and delete the account along with any related data pertaining to that account. Furthermore, kindly discontinue the use of the App and delete the App from your device.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the App, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the App, to any third party. You are fully responsible for all interaction with the App that occurs in connection with your password or user name. You agree to notify Hundred Offers immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the App, and to ensure that you “log off”/exit from your account with the App (if Applicable) at the end of each session. Hundred Offers is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Should any provisions of the Terms of Use not be acceptable to you, kindly do not proceed to use the account and delete the account along with any related data pertaining to that account. Furthermore, kindly discontinue the use of the App and delete the App from your device.
6. Proprietary Rights.
The information and materials made available through the App, including the
software used in the App, are and shall remain the property of Hundred Offers,
its subsidiaries, affiliates, licensors and/or suppliers, and are protected by
copyright, trademark, patent, and/or other proprietary rights and laws in the
UAE. Subject to your compliance with these Terms, solely for so long as you
are permitted by Hundred Offers to access and use the App, and provided that
you keep intact all copyright and other proprietary notices, you may (a) view
any content on the App to which we provide you access hereunder on any
single computer solely for personal, informational, non-commercial purposes,
and (b) download and print one (1) copy of materials that Hundred Offers
specifically makes available for downloading (such as white papers) (the
“Documents”) from this App solely for personal, informational, noncommercial purposes, provided that the Documents may not be modified or
altered in any way. You may not use, download, upload, copy, print, display,
perform, reproduce, publish, license, post, transmit, rent, lease, modify, loan,
sell, distribute, or create derivative works based (whether in whole or in part)
on, the App or any information from this App, in whole or in part, without the
express prior written authorization of Hundred Offers. Elements of the App
are protected by copyright, trade dress, trademark, unfair competition, and/or
other laws and may not be copied or imitated in whole or in part. No logo,
graphic, sound, or image from the App may be copied or retransmitted unless
expressly permitted in writing by Hundred Offers. Nothing contained on the
App should be construed as granting, by implication, estoppels or otherwise,
any license or right to use any of Hundred Offers’s or its affiliates’ or suppliers’
trade names, trademarks or service marks without Hundred Offers’s express
prior written consent.
7. Disclaimers
Hundred Offers make no representations about the App, any products and
services contained on the App or the suitability of the information contained
in the materials, information, content, documents, and related graphics
published on this App for any purpose. The App, any products or services
(including without limitation, third party products and services) obtained
through the App, and all such information, content, documents, and related graphics are provided for your use at your own risk and “as is” without
warranty of any kind. HUNDRED OFFERS AND/OR ITS AFFILIATES,
SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS APP, SUCH PRODUCTS AND SERVICES
AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
The above disclaimer Applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, negligence or any other cause of action.
Hundred Offers reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App, or any portion of the App, and any Applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The above disclaimer Applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, negligence or any other cause of action.
Hundred Offers reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App, or any portion of the App, and any Applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
8. Limitation of Liability
In no event shall Hundred Offers be liable for any special, indirect, exemplary,
incidental, consequential or punitive damages or any damages whatsoever
resulting from your use or inability to use the App or Website, loss of data, or
profits, loss of other intangibles, in connection with your use of the App, or
unauthorized interception of any such information by third parties, whether in
an action of equity, contract, negligence, or other actions, arising out of or in
connection with the performance of the App, any products and services
available through the App, any software, information, content, documents,
related graphics, provision of or failure to provide services available from or
through this App, even if advised in advance of such damages or losses, loss
of reputation, loss of business, computer malfunction or other damages. In
particular, and without limitation, Hundred Offers will not be liable for
damages of any kind resulting from your use of or inability to use the App or
from any software and/or other content posted on the App by Hundred Offers
or any third party. Your sole and exclusive remedy for dissatisfaction with the
App is to stop using the App. The maximum liability of Hundred Offers for all
damages, losses and causes of action, whether in contract, (including without
limitation negligence) or otherwise, shall be the total amount, if any, paid by
you to Hundred Offers to access and use the App.
The App, the products and services available through the App and the information, content, software, documents, and related graphics published on this App could include technical inaccuracies, errors, or omissions. Changes may be periodically added to the information herein. Hundred Offers, are not obligated to, make improvements and/or changes in the App, the products and services available through the App and the information, service(s), software, product(s), and/or the program(s) described herein at any time.
The App may contain offers relating to third parties (“Offer”). The liability to fulfil the Offer rests solely with the third party and Hundred Offers shall in no manner be liable if the third party does not honour any of the Offer(s). In the event the third party refuses to honour the Offer(s) in accordance with these Terms, please write to us at support@hundredoffers.com and we shall use our best endeavour to assist you. Nothing shall limit Hundred Offers’s liability to you in the event of death or personal injury resulting from Hundred Offers’s proven negligence, or fraudulent misrepresentation, or concealment, or for any other liability which cannot be excluded by Applicable laws i.e. the laws of the United Arab Emirates.
The App, the products and services available through the App and the information, content, software, documents, and related graphics published on this App could include technical inaccuracies, errors, or omissions. Changes may be periodically added to the information herein. Hundred Offers, are not obligated to, make improvements and/or changes in the App, the products and services available through the App and the information, service(s), software, product(s), and/or the program(s) described herein at any time.
The App may contain offers relating to third parties (“Offer”). The liability to fulfil the Offer rests solely with the third party and Hundred Offers shall in no manner be liable if the third party does not honour any of the Offer(s). In the event the third party refuses to honour the Offer(s) in accordance with these Terms, please write to us at support@hundredoffers.com and we shall use our best endeavour to assist you. Nothing shall limit Hundred Offers’s liability to you in the event of death or personal injury resulting from Hundred Offers’s proven negligence, or fraudulent misrepresentation, or concealment, or for any other liability which cannot be excluded by Applicable laws i.e. the laws of the United Arab Emirates.
9. Indemnification.
You shall defend or settle at your sole expense any claim or suit, including
without limitation any proceeding, investigation or claim by a self-regulatory
organization, state or securities agency or commission, (collectively, an
“Action”) against Hundred Offers, (an “Indemnity”) to the fullest extent
permitted by law arising out of or in connection with: (1) an assertion that the
information, content, or other materials or services provided or made available
by you, or the use thereof, may infringe any copyright, trademark, or other
intellectual property rights of any individual or entity, or are a misappropriation
of any individual or entity’s trade secret, or contain any libellous, defamatory,
disparaging, pornographic, or obscene materials; (2) any breach by you of
your obligations under these Terms; (3) your unlawful and/or unauthorized
use of, or activities in connection with this App, including the information,
content, services, and/or products provided on the App; and (4) any
Submission provided by you in a Forum. You shall indemnify and hold Hundred
Offers harmless against any and all damages, costs, liabilities, incurred in
defending and/or resolving such Action. The foregoing indemnities shall
survive expiration or termination of these Terms.
10. Notices.
Notices to Hundred Offers under these Terms shall be sufficient only if by
email to: support@hundredoffers.com, for attention of Legal Department.
Notices to you may also be made via posting to the App, by e-mail, or by regular mail, in Hundred Offers’s discretion. The App may also provide notices
of changes to these Terms or other matters by displaying such notices or by
providing links to such notices. Without limitation, you agree that a printed
version of these Terms and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
these Terms to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form.
11. PRIVACY POLICY.
A part of the Customer and User data will be submitted and gathered in
accordance with Hundred Offers’s Privacy Policy, available at www.Hundred
Offers.com/privacy (the “Privacy Policy”), as it may be modified from time
to time in Hundred Offers’s sole discretion. By using the App each User
represents that they have read the Hundred Offers Privacy Policy and agree
to the use, processing and storage of their personal data in accordance with
the policy
12. PROTECTION OF CONTENT
During the term of this Terms of Use, Hundred Offers will use commercially
reasonable standards and practices to back up and protect Content.
Notwithstanding the foregoing, Hundred Offers makes no warranties or
representations regarding its back-up practices, and does not warrant that it
will be able to restore any lost or damaged Content or other data. Customer
acknowledges that no network security procedures can assure complete
network security or prevent all unauthorized access to the App and will
immediately notify Hundred Offers of any known security breaches.
Monitoring the Content
Hundred Offers shall have a right but not an obligation to monitor any Content
that you provide or enter in the App or Website. Although Hundred Offers
cannot monitor all the Content provided in the App or Website, Hundred Offers
reserves the right to edit, delete or remove such content which violates these
terms and conditions. With regard to the Content which is available or
provided by Hundred Offers, the same shall be protected under the relevant
UAE Copyright laws and international treaties.
13. Intellectual Property Rights
The App and its entire contents, features and functionality (including but not
limited to all information, software, text, displays, images and the design,
selection and arrangement thereof), are owned by the Hundred Offers, or its
licensors (or other providers of such material as the case may be) and are
protected by copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws.
These Terms of Use permit you to only use the App for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App, except as follows:
These Terms of Use permit you to only use the App for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our App, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from the App.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the App.
You must not access or use for any commercial purposes any part of the App
or any services or materials available through the App
If you wish to make any use of material on the App other than that set out in
this section, please address your request to support@hundredoffers.com.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by Hundred Offers. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other applicable laws.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by Hundred Offers. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other applicable laws.
Trademarks
The Hundred Offers name and trademarks, the Hundred Offers logo and all
related names, logos, product and service names, designs and slogans are
trademarks of the Hundred Offers or its affiliates or licensors. You must not
use such marks without the prior written permission of the Hundred Offers.
Use of such marks shall constitute a breach of the Hundred Offers’s rights and
will be considered a violation of the relevant laws. All other names, logos,
product and service names, designs and slogans on the App are the
trademarks of their respective owners.
14. CONFIDENTIALITY
Confidential Information: As used in this TERMS OF USE, shall mean (a) any
information disclosed by a party (“Disclosing Party”) to the other party
(“Receiving Party”) that is marked or designated as “confidential” or
“proprietary” at the time of disclosure; (b) information related to access to the
App, including Customer’s registration information and account passwords,
and (d) information related to Hundred Offers’s business or operations,
product plans or product prices (collectively “Confidential Information”).
Limitations on Disclosure and Use of Confidential Information: Receiving Party
shall exercise the same degree of care employed by such party to prevent the
unauthorized disclosure of its own Confidential Information, but in no event
employing less than reasonable care. Confidential Information disclosed under
this TERMS OF USE shall not be used by Receiving Party in the furtherance of
this TERMS OF USE or the performance of its obligations hereunder.
Notwithstanding the foregoing, Hundred Offers shall not disclose its standard
and other Hundred Offers Confidential Information to third parties.
Exceptions: Confidential Information shall not include Confidential Information
that from and after the date of disclosure: (i) is or becomes a matter of public
knowledge through no fault of the Receiving Party; or (ii) was rightfully in the
Receiving Party’s possession prior to receipt from the Disclosing Party free of
any obligation of confidence, as shown by Recipient’s written records; or (iii)
was rightfully disclosed to the Receiving Party by another person without
restriction as to use or disclosure; or (iv) is independently developed by the
Receiving Party without use of or reference to the Disclosing Party’s
Confidential Information as shown by the Receiving Party’s written records.
15. EFFECT OF TERMINATION/EXPIRATION.
Upon receipt of notice from Hundred Offers that this Terms of Use and/or
Customer’s and Users’ access to the App are being terminated, or upon
expiration of this Terms of Use or expiration or termination of any free or
evaluation period, Customer shall remove all Content and data from the App.
Customer acknowledges and agrees that Hundred Offers also will delete the
Content and data from the App (and all backups thereof), without further notice
thirty (30) days from the date of termination or expiration of this Terms of Use,
and that Hundred Offers is not liable for any loss or damage which may be
incurred by the Customer, Users or any third parties as a result of such deletion.
Upon termination or expiration of this Terms of Use for any reason, Customer shall cease to access the App and all of Customer’s and each User’s rights hereunder shall cease. Hundred Offers may in its sole discretion make mutually agreed upon Content migration services available to Customer pursuant to a mutually agreed upon professional services agreement at Hundred Offers.
You expressly agree that the termination of the Terms of Use is doable without any Court or arbitration order.
Upon termination or expiration of this Terms of Use for any reason, Customer shall cease to access the App and all of Customer’s and each User’s rights hereunder shall cease. Hundred Offers may in its sole discretion make mutually agreed upon Content migration services available to Customer pursuant to a mutually agreed upon professional services agreement at Hundred Offers.
You expressly agree that the termination of the Terms of Use is doable without any Court or arbitration order.
16. Violation of Terms of Use
Hundred Offers may disclose any information about the Customer (including
identity) if it is determined that such disclosure is necessary in connection with
any investigation or complaint regarding use of the App, or to identify, contact
or bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) Hundred Offers’s rights
or property, or the rights or property of visitors to or Users of the App, including
Hundred Offers’s Customers. Hundred Offers reserves the right at all times to
disclose any information that Hundred Offers deems necessary to comply with
any applicable law, regulation, legal process or governmental request. Hundred
Offers also may disclose your information when Hundred Offers determines that
applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection
purposes.
You acknowledge and agree that Hundred Offers may preserve any transmittal
or communication by you with Hundred Offers through the App or any service
offered on or through the App, and may also disclose such data if required to
do so by law or Hundred Offers determines that such preservation or disclosure
is reasonably necessary to (1) comply with legal process, (2) enforce these
Terms of Use, (3) respond to claims that any such data violates the rights of
others, or (4) protect the rights, property or personal safety of Hundred Offers,
its employees, users of or visitors to the App, and the public.
You agree that Hundred Offers may, in its sole discretion and without prior
notice, terminate your access to the App and/or block your future access to the
App if we determine that you have violated these Terms of Use or other
agreements or guidelines which may be associated with your use of the App.
You also agree that any violation by you of these Terms of Use will constitute
an unlawful and unfair business practice, and will cause irreparable harm to
Hundred Offers, for which monetary damages would be inadequate, and you
consent to Hundred Offers obtaining any injunctive or equitable relief that
Hundred Offers deems necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies Hundred Offers may have at law
or in equity.
You agree that Hundred Offers may, in its sole discretion and without prior
notice, terminate your access to the App, for cause, which includes (but is not
limited to) (1) requests by law enforcement or other government agencies, (2)
a request by you (self-initiated account deletions), (3) discontinuance or material
modification of the App or any service offered on or through the App, or (4)
unexpected technical issues or problems.
If Hundred Offers does take any legal action against you as a result of your violation of these Terms of Use, Hundred Offers will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hundred Offers. You agree that Hundred Offers will not be liable to you or to any third party for termination of your access to the App as a result of any violation of these Terms of Use.
If Hundred Offers does take any legal action against you as a result of your violation of these Terms of Use, Hundred Offers will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Hundred Offers. You agree that Hundred Offers will not be liable to you or to any third party for termination of your access to the App as a result of any violation of these Terms of Use.
17. ENTIRE AGREEMENT
This document (including the documents incorporated by reference herein)
contains the entire agreement and understanding between Customer or User
and Hundred Offers concerning the subject matter of this Terms of Use, and
supersedes all other prior or contemporaneous communications,
representations, advertising, discussions, and negotiations, proposed
agreements and all other agreements, whether written or oral for the App.
Hundred Offers has not made and Customer has not relied upon any
representations not expressly set forth in this document in entering this Terms
of Use.
Hundred Offers may update or modify the terms of this Terms of Use, the Privacy Policy or its support terms at any time without notification. Notwithstanding the foregoing Hundred Offers may at its discretion notify you regarding these changes either by sending an email to your registered email or posting the same on the Website or App as the case may be. If Customer does not accept a modification by Hundred Offers to the Terms of Use or its policies, you shall delete the App and the Terms of Use shall automatically terminate.
Hundred Offers may update or modify the terms of this Terms of Use, the Privacy Policy or its support terms at any time without notification. Notwithstanding the foregoing Hundred Offers may at its discretion notify you regarding these changes either by sending an email to your registered email or posting the same on the Website or App as the case may be. If Customer does not accept a modification by Hundred Offers to the Terms of Use or its policies, you shall delete the App and the Terms of Use shall automatically terminate.
18. GENERAL PROVISIONS
Waiver/Severability.
No term or provision hereof will be considered waived, and no breach excused,
unless such waiver is in writing signed on behalf of the party against whom
the waiver is asserted. No waiver (whether express or implied) will constitute
a consent to, waiver of or excuse of any other, different or subsequent breach.
If and to the extent any provision of this Terms of Use is held illegal, invalid,
or unenforceable in whole or in part under the applicable law, such provision
or such portion thereof, shall be ineffective as to the jurisdiction in which it is
illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or
unenforceability and shall be deemed modified to the extent necessary to
conform to applicable law so as to give the maximum effect to the intent of
the parties. The illegality, invalidity, or unenforceability of such provision in
that jurisdiction shall not in any way affect the legality, validity, or
enforceability of any other provision of this Terms of Use in any other
jurisdiction
Force Majeure.
Neither party will be liable for any loss, damage or penalty resulting from
delays or failures in performance resulting from acts of God, war, pandemicsepidemics, terrorism or terrorist act, civil unrest, strikes, lockouts or other
labour disturbances, failure or interruption of a third party internet
connection(s) or infrastructure, or other causes beyond the non-performing
party’s reasonable control and not caused by the negligence of the nonperforming party. The performance of the obligation of the affected party shall
be suspended during the prevalence of force majeure. In the event force
majeure continues for a period of six (6) months or more, the affected party
shall have the right to terminate the Terms of Use and section 15 (EFFECT OF
TERMINATION/EXPIRATION) shall apply
Independent Contractor.
In performing their respective duties under this Terms of Use, each of the
parties will be operating as an independent contractor. Nothing contained
herein will in any way constitute any association, partnership, or joint venture
between the parties hereto, or be construed to evidence the intention of the
parties to establish any such relationship. Neither of the parties will hold itself
out in any manner that would be contrary to the provisions stated
hereinabove.
Language.
The Terms of Use is in the English language only, which language shall be
controlling in all respects, and all versions hereof, in any other language, shall
not be binding on the parties hereto. All communications and notices to be
made or given pursuant to the Terms of Use shall be in the English language
only.
Links.
The App may contain links to third-party websites or services that are not
under the control of Hundred Offers. The provision of links to third party
websites through the App does not create or intend to create an association,
trust, partnership, joint venture or any other entity or similar legal relationship
between Hundred Offers and the Third party, or impose a trust, partnership
or fiduciary duty, obligation, or liability on or with respect to either Party.
Neither Party is or shall act as the agent or representative of the other Party.
When Customers and/or Users access a non-Hundred Offers Web site or nonHundred Offers services, Customer and/or Users do so at its own risk and
Hundred Offers is not responsible for the accuracy or reliability of any
information, data, opinions, advice, or statements made on these Web sites;
or for the quality of any products or services available on such Web sites; or
any such third-party services or for any damage or loss caused or alleged to
be caused through or in connection with use of or reliance on the content,
goods, or services available on or through any such link, site, service or
resource. Customer and/or Users may use third-party applications to access
App via published API’s and protocols, but Customer and/or Users are solely
responsible for such use.
Assignment.
Customer agrees that its rights and obligations under this Terms of Use may
not be transferred or assigned, and its duties may not be delegated directly
or indirectly without the prior written consent of Hundred Offers in its sole
discretion. Hundred Offers may assign or otherwise transfer its rights and
obligations to successors-in-interest (whether by purchase of stock or assets,
merger, operation of law, or otherwise) of that portion of its business related
to the subject matter hereof. Any attempted assignment in violation of these
terms shall be a material breach of this Terms of Use and shall be void. Subject
to the restrictions set forth in this term, all of the terms and conditions of this
Terms of Use shall be binding upon, inure to the benefit of, and be enforceable
by the respective successors and permitted assigns of the parties hereto.
19. Governing Law ;Forum.
If you have an existing contractual relationship with Hundred Offers, the
governing law and forum with respect to any disputes arising under or in
connection with these Terms (including any of our policies referred to herein)
and/or the App will be the law and forum set forth in your existing contract
with Hundred Offers. If you have more than one existing contract with
Hundred Offers, the governing law and forum with respect to any disputes
arising under or in connection with these Terms (including any of our policies
referred to herein) and/or the App will be the law and forum set forth in your
most recent contract with Hundred Offers.
If you do not have an existing contractual relationship with Hundred Offers, then (a) you agree to the jurisdiction of competent UAE Courts under the UAE Laws for any action or proceeding arising out of or related to these Terms; and (b) except to the extent expressly provided in the following paragraph, any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the App shall be governed by and construed in accordance with the laws of the United Arab Emirates without regard to applicable conflict of law provisions.
Nothing herein shall be deemed to constitute consent by Hundred Offers to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder (other than the appropriate laws of United Arab Emirates.
Mediation and Conciliation: Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of services are not subject to this limitation. In the event of any controversy or dispute between Hundred Offers and you arising out of or in connection with your use of the App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If dispute doesn’t get resolved any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
If you do not have an existing contractual relationship with Hundred Offers, then (a) you agree to the jurisdiction of competent UAE Courts under the UAE Laws for any action or proceeding arising out of or related to these Terms; and (b) except to the extent expressly provided in the following paragraph, any disputes arising under or in connection with these Terms (including any of our policies referred to herein) and/or the App shall be governed by and construed in accordance with the laws of the United Arab Emirates without regard to applicable conflict of law provisions.
Nothing herein shall be deemed to constitute consent by Hundred Offers to the jurisdiction of any court or other forum of any country for the purpose of resolving any dispute hereunder (other than the appropriate laws of United Arab Emirates.
Mediation and Conciliation: Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of services are not subject to this limitation. In the event of any controversy or dispute between Hundred Offers and you arising out of or in connection with your use of the App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If dispute doesn’t get resolved any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Feedback and Information
Any feedback you provide with respect to this App shall be deemed to be non-confidential. Hundred Offers shall be free to use such information on an
unrestricted basis.
The information contained in this App is subject to change without notice.
The information contained in this App is subject to change without notice.