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.
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.
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.
"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).
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.
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.
15. Termination of Access to the Website
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.
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.
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.
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.
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
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.
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
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.