Term of Use
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BUSYDUBAI.COM STATING THE TERMS
THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING AND USING THE WEBSITE YOU
AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE WEBSITE.
YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS
OR DELETIONS ARE NOT ACCEPTABLE AND BUSYDUBAI MAY TAKE LEGAL ACTION FOR
NONCOMPLIANCE WITH ANY OF THE TERMS OF THIS AGREEMENT.
Terms of Use
1. Acceptance of Terms of Use
BusyDubai.com (the "Website") is a community content website operated by
Alfa Techologies and its affiliates (referred to as “BusyDubai” or “we”). Content (as
defined in Clause 3 below) is uploaded by BusyDubai and other users of the
Website.
These are the terms on which BusyDubai allows you to access and use the Website,
whether as a guest or a registered user. Please read these Terms of Use
carefully before you start to use the Website.
By accessing and using the Website, you are accepting these Terms of Use and
agreeing to abide by them.
If you do not agree to these Terms of Use, then you are not permitted to use the
Website.
2. BusyDubai’s Proprietary Rights
You agree that BusyDubai Limited (or its affiliates, as the case may be) is the
owner or the licensee of all intellectual property rights in the Website, and
the Website itself is a collective work and/or compilation solely owned by
BusyDubai. The Website is protected by copyright laws and treaties around the
world.
You may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense,
encumber any aspect of the Website or any Content (as defined in Clause 3
below).
You also may not modify or create derivative works of any aspect of the Website
or any Content (as defined in Clause 3 below), other than with respect to your
own Content (as defined in Clause 3 below).
You may not disassemble or decompile, reverse engineer or otherwise attempt to
discover any source code contained in the Website or any software or database
connected to the Website.
3. Content
"Content" refers to any listing, forums, event listings, reviews, postings,
messages, text, files, images, photos or any other material posted on the
Website.
By posting Content on the Website:
You grant BusyDubai the non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub-licensable right to use, copy, reproduce, distribute perform,
display, modify or create derivative works of the Content perpetually and for
any lawful purpose BusyDubai sees fit;
You warrant that the holder of any rights, including moral rights in such
Content, has completely and effectively waived all such rights and validly and
irrevocably granted to you the right to grant the license in the preceding
sentence;
You permit any other user of the Website to access, display, view, store and
reproduce such Content; and
You grant BusyDubai the right to prohibit the subsequent access, storage and
reproduction or use of said Content by any party to any extent BusyDubai sees
fit.
BusyDubai is not responsible for, and no reliance should be placed, in any way
on any Content posted, transmitted through or linked to the Website.
BusyDubai reserves the right to (1) refuse to share or display, (2) move; or (3)
delete any Content posted on the Website.
BusyDubai aims to update the Website regularly, and may change the Content at
any time. Any of the Content may be out of date at any given time, and we are
under no obligation to update such material.
5. Links to Third Party Sites
Where the Website contains links to other sites and resources provided by third
parties, these links are provided for your information only.
We have no control over the contents of those sites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use
of them.
6. Notification of Claims of Infringement
It is forbidden to post any Content that violates any international, federal,
national, local copyright, patent, trademark or other intellectual property laws
applicable in the United Arab Emirates.
BusyDubai is not responsible for any Content submitted by a user that infringes
another’s proprietary rights.
If you are aware of any Content that you believe infringes on yours or a third
party’s proprietary rights, please contact us.
Please include in any such notice:
A link to the alleged infringing material;
A description of the alleged infringing material;
A statement contesting that the copyrighted material was not posted by the
holder or permitted licensee of said copyright;
Your contact details (including email address); and
Your signature (physical or electronic).
BusyDubai may, but is under no obligation to screen or monitor any Content. If
notified of Content which allegedly does not conform to these Terms of Use or
infringes a third party’s proprietary rights, BusyDubai may investigate the
allegation and determine in its sole discretion whether to remove or request the
removal of the Content. BusyDubai has no liability or responsibility to users
for performance or nonperformance of such activities.
7. Privacy Policy
BusyDubai respects your privacy and has developed a detailed Privacy Policy that
is incorporated into this Agreement. Please take the time to read our Privacy
Policy found here: Privacy Policy. By agreeing to these Terms, you are also
accepting the terms of our Privacy Policy.
8. Access and Linking to the Website
Your access to the Website is provided on a non-exclusive, temporary and
revocable basis by BusyDubai, and BusyDubai reserves the right to withdraw or
amend your right to access to the Website without notice.
BusyDubai will not be liable if for any reason the Website is unavailable at any
time or for any period.
You may not:
Use any robot spider, scraper or other automated means to access BusyDubai and
collect content for any purpose or otherwise copy or download content. A limited
exception is granted to search engines and non-commercial public archives, but
not for websites that include any form of classified listings; and
Harvest or otherwise collect information about others, including email
addresses, without their consent.
You may establish a hyperlink on your website to the Website, or to postings
within the Website, for non-commercial use, so long as you do so in a way that
is fair and legal and does not damage or take advantage of BusyDubai’s
reputation (or of any person connected to BusyDubai).
You must not establish a hyperlink in a misleading way or as to suggest any form
of association, approval or endorsement of BusyDubai or any other third party
where none exists.
The Website must not be framed on any other website.
BusyDubai reserves the right to withdraw or amend the above linking permission
without advance notice. The website from which you are linking must comply in
all respects with the content standards set out in these Terms of Use.
You may not: use automated means to post content on BusyDubai (via the web
interface) without our consent.
9. Limitations on Your Usage of the Website
BusyDubai may establish any limitations, in our sole discretion, on your usage
of the Website, including, but not limited to, limitations on the length of time
that Content may remain on the Website, the file size of an individual item of
Content, number of items of Content that can be posted.
10. Conduct & Acceptable Use; No Spam
You agree to not post, email, or make available through the Website any Content
that is objectionable to BusyDubai or in contradiction to applicable laws or
regulations. In this regard, you agree not to post, email or make available
through the Website any Content that:
Is unlawful, harmful, threatening, abusive, defamatory, libelous, invasive or
any information harmful to minors;
Is of a political nature and/or is critical of any government or municipal
employee in any jurisdiction.
Is pornographic or any kind of nudity, sexually explicit or perverse content;
Is anti-Islamic or in any way derogatory towards Islam;
Is racist or discriminatory content towards any race, religion, creed,
nationality, gender or any other grouping of individuals;
Impersonates any another person;
Includes personally identifiable information about another person without their
permission;
Is false or deceptive;
Solicits the sale of goods or services, except when (1) posted in the
appropriately designated area of the Website for such sales, or (2) emailed to
another user of the Website who expressly wish to be contacted by you;
Includes links to other websites, except when (1) expressly approved by
BusyDubai in writing, and (2) posted in a posting uploaded by you in the
appropriately designated area;
Advertises the sale of anything illegal under any applicable law or regulation
in the jurisdiction you are selling the product from or to;
Violates any applicable international, federal, national, local copyright,
patent, trademark or other intellectual property laws;
Contains any software viruses, trojans, worms, logic bombs or other material
which is malicious or technologically harmful;
Disrupts the normal flow with an excessive number of messages; or
Uses misleading contact details to disguise the true origin.
You further agree not to:
Contact people who do not wish to be contacted;
Stalk or harass other users of the Website;
Collect personal information about users for commercial or unlawful purposes;
Post Content that is irrelevant or unrelated to the category or discussion
thread where such Content is posted;
Post the same good or service in more than two categories;
To post, email, make available through the Website or contact BusyDubai or any
other users of the Website with any spam, junk mail, chain letters, pyramid or
Ponzi schemes, or unsolicited email advertisements; or
Attempt to gain unauthorized access to the Website, the server on which the
Website is stored or any server, computer or database connected to the Website,
For the avoidance of doubt, the above list of prohibited content and actions is
not exhaustive and BusyDubai reserves the right to (i) remove any content that
it considers (in its absolute and sole discretion) to be objectionable or in
contradiction to applicable laws or regulations without notice; and (ii) take
necessary steps to prevent persons who post content and/or conduct themselves in
contravention of this Clause 9 from accessing the Website.
11. Dealings with Third Party Organization and Individuals
BusyDubai operates the Website as an online community portal for car buyers,
sellers and community members. BusyDubai does not sell any item listed on the
Website directly and is never a party to any transaction between buyers and
sellers. As a result, BusyDubai does not (a) guarantee or ensure any item listed
on the Website or any transaction between a buyer and seller, (b) collect or
process payment or transfer of title on behalf of buyers or sellers, or (c)
warehouse, store, ship or deliver any item listed on the Website. Furthermore,
BusyDubai is not responsible for, nor holds itself out as promoting, any
interaction or dealing between you and 1 or more other user(s) of the Website,
and BusyDubai will not be liable in any way for any such interactions or
dealings.
You will not hold BusyDubai responsible for other users' Content, actions or
inactions, items they list or the destruction of allegedly fake items. While we
may help facilitate the resolution of disputes, BusyDubai is not obliged to
participate in any dispute between you and other user(s) of the Website. We have
no control over and do not guarantee the quality, safety or legality of items
advertised, the truth or accuracy of users’ Content or listings, the ability of
sellers to sell items, the ability of buyers to pay for items, or that a buyer
or seller will actually complete a transaction or return an item. For certain
categories, particularly motor vehicles and real estate, an offer initiates a
transaction representing a buyer’s serious expression of interest in buying the
seller’s item and does not create a formal contract between the buyer and the
seller.
You acknowledge that BusyDubai does not monitor, verify or approve Content, and
that you are solely responsible for evaluating and verifying the accuracy of any
Content posted on the Website.
12. Disclaimer of Warranties
You use the Website at your own risk.
The Website is provided without warranty and is provided on an “as is, as
available” basis.
BusyDubai HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND,
WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE,
CUSTOM, COURSE OF DEALING OR TRADE USAGE, WITH RESPECT TO THE WEBSITE OR ANY
SERVICES PROVIDED HEREUNDER. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING,
BusyDubai SPECIFICALLY DISCLAIMS THE FOLLOWING WITH RESPECT TO THE WEBSITE:
IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY SERVICE OR GOOD ACQUIRED BY YOU
FROM A THIRD PARTY;
OF THE ACCURACY, TIMELINESS, SECURITY AND PERFORMANCE OF THE WEBSITE; OR
FREEDOM FROM ANY ERRORS OR VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER
MATERIAL WHICH IS MALICIOUS OR TECHNOLOGICALLY HARMFUL.
13. Limitation of Liabilities
To the maximum extent permitted by applicable law, BusyDubai hereby expressly
excludes any liability for any damages whatsoever (including, without
limitation, direct, indirect, special, punitive, incidental or consequential
loss or damage incurred by any user in connection with the Website or in
connection with the use, inability to use, or results of the use of the Website,
any websites linked to it and any materials posted on it, including, without
limitation any liability for: loss of income or revenue; loss of business; loss
of profits or contracts; loss of anticipated savings; loss of data; loss of
goodwill; wasted management or office time; and for any other loss or damage of
any kind, however arising and whether caused by tort (including negligence),
breach of contract or otherwise, even if foreseeable.
In particular, BusyDubai is not liable for any damages or losses resulting to
you or a third party from:
The use or the inability to use the Website;
Services or goods acquired through the Website;
Any Content displayed on the Website; or
A distributed denial-of-service attack, viruses or other technologically harmful
material that may infect your computer equipment, computer programs, data or
other proprietary material due to your use of the Website or to your downloading
of any material posted on it, or on any website linked to it.
14. Indemnity
You agree to indemnify, defend and hold harmless BusyDubai, its shareholders,
officers, directors, employees, and agents from any claims, actions, demands,
damages, losses or attorney fees alleging or resulting from your use or misuse
of the Website or any Content, your breach of these Terms of Use, your violation
of any third party’s proprietary rights, or any disputes between you and one or
more users connected to or arising from the Website in any way.
15. Termination of Access to the Website
BusyDubai reserves the right to block you or terminate you from accessing the
Website for any breach of these Terms of Use at any time without any notice.
BusyDubai reserves the right to delete any of your Content from the Website at
any time.
BusyDubai is not liable to you or a third party for any termination of your
access to the Website or deletion of your posted Content.
You agree not to try to use the Website after said termination.
16. Violations of Terms of Use
Please notify us if you become aware of any violations by third parties of these
Terms of Use.
17. Enforcement of Terms of Use
BusyDubai reserves the right to take steps BusyDubai believes are reasonably
necessary or appropriate to enforce and/or verify compliance with any of these
Terms of Use (including, but not limited to BusyDubai’s right to cooperate with
any legal process relating to your use of the Website, and/or a third party
claim that your use of the Website is unlawful and/or infringes such third
party’s rights). You agree that BusyDubai has the right without liability to you
to disclose any registration data and/or account information to law enforcement
authorities, government officials and/or third parties, as BusyDubai believes is
reasonably necessary or appropriate to enforce and/or verify compliance with any
of these Terms of Use (including, but not limited to BusyDubai’s right to
cooperate with any legal process relating to your use of the Website, and/or a
third party claim that your use of the Website is unlawful and/or infringes such
third party’s rights).
18. General
You agree that the fact that these Terms of Use are in electronic format does
not affect in any way their validity or enforceability.
These Terms of Use (together with any Prepaid Listing Account Booking Form)
constitute the entire agreement between you and BusyDubai regarding its subject
matter and supersede any contemporaneous or prior oral or written agreements,
representations, understandings or discussions between you and BusyDubai,
whether implied or express.
BusyDubai’s delay or failure to exercise a right or act on a breach of these
Terms of Use does not waive our right to do so in the future.
The provisions of these Terms of Use shall be deemed severable, and if any
provision is determined to be illegal or invalid under applicable law, such
provision may be changed to the extent reasonably necessary to make the
provision, as so changed, legal, valid and binding.
You may not assign any part of these Terms of Use without BusyDubai’s express
written permission. BusyDubai may assign these Terms of Use immediately upon
posting a notice of such assignment on the Website
Privacy Policy
In order for the website to provide a safe and useful service, it is important
for BusyDubai.com to collect, use, and share personal information.
Collection
Information posted on BusyDubai.com is publicly available. Our servers are
located in United Kingdom and the United Arab Emirates, therefore, if you choose
to provide us with personal information, you are consenting to the transfer and
storage of that information on our servers in United Kingdom and the United Arab
Emirates. We collect and store the following personal information:
Email address, contact information, and (depending on the service used)
sometimes financial information;
Computer sign-on data, statistics on page views, traffic to and from
BusyDubai.com and response to advertisements;
Other information, including users' IP address and standard web log information.
Use.
We use users' personal information to:
Provide our services
Resolve disputes, collect fees, and troubleshoot problems;
Encourage safe trading and enforce our policies;
Customize users' experience, measure interest in our services, improve our
services and inform users about services and updates;
Communicate marketing and promotional offers to you according to your
preferences;
Do other things for users as described when we collect the information.
Disclosure
We don't sell or rent users' personal information to third parties for their
marketing purposes without users' explicit consent. We may disclose personal
information to respond to legal requirements, enforce our policies, respond to
claims that a posting or other content violates other's rights, or protect
anyone's rights, property, or safety.
Communication and email tools
You agree to receive marketing communications about consumer goods and services
on behalf of our third party advertising partners unless you tell us that you
prefer not to receive such communications. If you don't wish to receive
marketing communications from us, simply indicate your preference by following
directions provided with the communication. You may not use our site or
communication tools to harvest addresses, send spam or otherwise breach our
Terms of Use or Privacy Policy. We may automatically scan and manually filter
email messages sent via our communication tools for malicious activity or
prohibited content. If you use our tools to send content to a friend, we don't
permanently store your friends' addresses or use or disclose them for marketing
purposes. To report spam from other users, please contact
[email protected]
Security
We use lots of tools (encryption, passwords, physical security) to protect your
personal information against unauthorized access and disclosure.
All personal electronic details will be kept private by the Service except for
those that you wish to disclose.
It is unacceptable to disclose the contact information of others through the
Service.
If you violate the laws of the United Arab Emirates and/or the terms of use of
the Service you forfeit your privacy rights over your personal information.
19. Governing Law & Dispute Resolution
These terms are governed by the laws of United Arab Emirates.
In the event of any disputes between you and BusyDubai, BusyDubai is open to
first attempting to resolve the dispute in an informal and amicable manner.
However, if either party believes that the dispute cannot be resolved in such a
manner, then the parties agree that either party may refer any dispute arising
out of, or in connection with, these Terms of Use, including any question
regarding its existence, validity or termination, to be finally settled by
binding arbitration. Such arbitration shall be held under the then-current
Arbitration Rules of the Dubai International Financial Centre - London Court of
International Arbitration by one (1) arbitrator appointed in accordance with
such rules.
The seat of arbitration shall be the Dubai International Financial Centre in
Dubai, UAE. The arbitration shall be conducted in the English language. The
arbitration award shall be final and binding on the parties. The arbitral
tribunal may award reasonable attorneys’ fees and the cost of the arbitration to
the prevailing party.
Judgment upon the award rendered by the arbitrator(s) may be entered by any
court having jurisdiction thereof or having jurisdiction over the relevant party
or its assets.
If the arbitral panel has not been formed, any party may seek interim relief
from any court having jurisdiction thereof or having jurisdiction over the
relevant party or its assets, to which both you and BusyDubai hereto do hereby
submit for this limited purpose.
20. Modifications to Terms of Use
BusyDubai reserves the right at any time and from time to time to update,
revise, supplement and otherwise modify these Terms of Use and to impose new
and/or additional rules, policies, terms and/or conditions on your use of the
Website (collectively referred to as “Additional Terms”). Such Additional Terms
will be effective immediately and incorporated into these Terms of Use. Your
continued use of the Website constitutes you acceptance of all such Additional
Terms. Any Additional Terms are hereby incorporated into these Terms of Use by
this reference.