A. This agreement which incorporates by reference other provisions applicable to use of www.TripDubai.com. Including, but not limited to supplemental terms and conditions set forth hereof (“supplemental terms”) governing the use of certain specific or material contained in www.TripDubai.com. Set forth the terms and conditions that apply to use of www.TripDubai.com by user. By using TripDubai (other than to read this agreement for the first time) user agrees to comply with all the terms and conditions hereof. The right to use www.TripDubai.com is personal to user and is not transferable to any other person or entity. User is responsible for all use of user’s account (under any screen name or password) and for ensuring that all use of user’s account complies fully with the provisions of this agreement. User shall be responsible for protecting the confidentiality of User’s password(s) if any.
B. TripDubai shall have the right at any time to change or discontinue any aspect or feature of www.TripDubai.com including but not limited to, content, hours of availability, and equipment needed for access of use.
2. CHANGED TERMS
Conditions shall have the right at any time to change or modify the terms and conditions applicable to User’s use of www.TripDubai.com , or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges of use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.TripDubai.com or by electronic or conventional mail, or by any other means by which Use obtains notice thereof. Any use ofwww.TripDubai.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRITPION OF SERVICES
Through its web property TripDubai provides users with access to variety of resources including download areas communication forums (blogs & News) airline tickets, hotel reservations, and product information (collectively “services”). The services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.
Users shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.TripDubai.com and all charges related thereto.
5. USER CONDUCT
- User shall use www.TripDubai.com for lawful purposes only. User shall not post or transmit through www.TripDubai.com any material which violates or infringes in any way upon the rights of others’ which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which without TripDubai’s express prior approval, contains advertising or any solicitation with respect to products of services. Any conduct by user in TripDubai’s discretion restricts or inhibits any other user from using or enjoying www.TripDubai.com will not be permitted. User shall not use to, the solicitation of users to become subscribers of other online information services competitive with TripDubai.
- www.TripDubai.com contains copyrighted material, trademarks and proprietary information including, but not limited to, text, software, photos, videos, graphics, music and sound, and the entire contents of www.TripDubai.comare copyrighted as a collective work under the UAE constitutions copyright laws. TripDubai owns a copyright in the selection, coordination, arrangement and enhancement of such content as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for users personal use only except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of TripDubai and the copyright owner. In the event of any permitted copying, redistribution or publications of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
- User shall not upload post or otherwise make available on www.TripDubai.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark the proprietary right and the burden of determining that damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.TripDubai.com , user automatically grants, or warrants that the owner of such material has expressly granted TripDubai the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and / or to incorporate in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, and store or reproduces the material for that user’s personal use. User hereby grants TripDubai the right to edit, copy, publish and distribute any material made available on www.TripDubai.com by user.
- The foregoing provisions of section 5 are for the benefit of TripDubai its subsidiaries affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The services may contain email services, bulletin board services, chat areas, blogs, news groups, forums, communities, flight bookings, hotel reservations, visa provision services, forms, car rental services, chat support, photo albums, file cabinets and/or other message or communication facilities designed to enable user to communicate with others (each a “communication service” and collectively “communication services”). User agrees to use the services only to post, send and receive messages and material that are proper and, well applicable, related to the particular communication service. Use of TripDubai services for travel must be in accordance to the laws as applicable to the country of origin of the user and in accordance with the laws of the country of destination and in part or whole the laws of the United Arab Emirates as applicable to TripDubai and its users. By way of example and not as a limitation user agrees that when using the Services, user will not:
- Use the communication services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights or privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate inappropriate profane, defamatory, obscene, indecent or unlawful topic, name, material or information
- Upload, or otherwise make available files that contain images, software or other material protected by intellectual property laws, including by way example, and not as control the rights thereto or have received all necessary consent to do the same.
- Use any material or information including images, price lists, user details, content or photographs, which are made available through the services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another. DOS attacks on the site which may result in hindrance in provision of services on behalf of TripDubai.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication services specifically allow such messages.
- Download any file posted by another user of a communication service that user know, or reasonably should know cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions legal or other proper notices or proprietary designations or labels of the origins or source or software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the services.
- Violate any code of conduct or other guidelines which may be applicable for any of the offered services.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users the services or other usage information or any portion thereof.
TripDubai has no obligation to monitor the communication services, however, TripDubai reserves the right to review materials posted to the communication services and to remove any materials at its sole discretion. TripDubai reserves the right to terminate the user’s access to any or all the services at any time, without notice, for any reason whatsoever. TripDubai reserves the rights at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials in whole or in part, in TripDubai’s sole discretion.
Always use caution when giving out any personally identifiable in any communication services. Correct information is imperative where mentioned explicitly for transactions and usage of TripDubai services only. TripDubai does not control or endorse the content, messages or information found in any of the communication services and any action resulting from the user’s participation in any of the communication services. Managers and hosts are not authorized, TripDubai spokespersons, and their views do not necessarily reflect those of TripDubai.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY.
If any of the services requires users to open an account, user must complete the registration process by providing TripDubai with current, complete and accurate information as prompted by the applicable registration form, user will also choose a password. User is entirely responsible for maintaining the confidentiality of user’s password and account. Furthermore, user is entirely responsible for any and all activities that occur under users account. User agrees to notify TripDubai immediately of any unauthorized use of users account or any other breach of security. TripDubai will not be liable for any loss that user may incur as a result of someone else using user's password or account, either with or without users knowledge, however, user could be held liable for losses incurred by TripDubai or another party due to someone else using users account or password. User may not use anyone else’s account at any time, without the permission of account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON WWW.TRIPDUBAI.COM
Any software that is available for usage of services is the copyrighted work of TripDubai and/or its suppliers.
Use of the software is governed by the terms of the EULA if any, which accompanies or is included with the software (license agreement) an end user will be considered to have agreed these agreements if they wish to use the Services provided in whole, or part thereof at www.TripDubai.com.
Any reproduction or any redistribution of the services is extremely prohibited by law, and may result in civil and criminal penalties, violators will be prosecuted to the maximum extent possible.
FOR YOU CONVENIENCE TRIPDUBAI MAY MAKE AVAILABLE AS PART OF ITS SERVICES, PRODUCTS, TOOLS AND SUPPORT FOR ITS CUSTOMERS AS SUGGESTED BY THE AVAILABLE LINKS ON WWW.TRIPDUBAI.COM
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON www.TripDubai.com .
Permission to use documents (such as white paper, press releases, datasheets and FAQs) from the services granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and the permission notice appear. (2) Use of such documents from the services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges may download and reproduce the documents for distribution in the classrooms. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by the law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent of the law.
Tripdubai and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics as part of the services for any purpose all such documents and related graphics are provided “as is” without warranty of any kind. tripdubai and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. in no event shall tripdubai and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from the services
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. changes are periodically added to the information herein. tripdubai and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the programme(s) described herein at any time.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON WWW.TRIPDUBAI.COM .
In no event shall tripdubai and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, weather in action of contract, negligence or other tortuous action, arising to or or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
11. MATERIALS PROVIDED TO TRIPDUBAI OR POSTED TO WWW.TRIPDUBAI.COM.
Tripdubai does not claim ownership of the materials, user provides to tripdubai (including feedback and suggestions) or post, upload, input or submit to any services of its associated services for review by the general public or by the members of any public or private community, (each a “submission” and collectively “submissions”). however, by posting uploading, inputting, providing or submitting (posting) users submission, user is granting tripdubai, its affiliated companies and necessary sublicenses permission to use user’s submission in connection with the operation of their internet businesses.
(including, without limitation, all tripdubai services), including without limitation the licence rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat users submission to publish users name in connection with users submission, and the right to sublicense such rights to any supplier of the services. no compensations will be paid with respect to the use of users submissions as provided herein.
12. DISCLAIMER OR WARRANTY; LIMITATION OF LIABILITY
a. User expressly agrees that use of www.tripdubai.com is at users sole risk neither tripdubai its affiliates nor any of their respective employees, agents, third party content and service providers or licensers warrant thatwww.tripdubai.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use ofwww.tripdubai.com , or as to the accuracy, reliability, or content of any information, service or merchandise provided through www.tripdubai.com.
b. www.tripdubai.com is provided on an “as is” basis without warranties of any kind either express or implied including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
c. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence or under any cause of action user specifically acknowledges that tripdubai is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injuries from foregoing rests entirely with user.
d. In no event will tripdubai or any person or entity involved in creating, producing or distributing www.tripdubai.com or the tripdubai software, be liable for any damages, including, without limitation, direct, indirect, indented, special, consequential or punitive damages arising out of the use of or inability to use www.tripdubai.com user hereby acknowledges that the provisions of this section shall apply to all content and services on the site
e. In addition to the terms set forth above neither tripdubai nor its affiliates, information providers or service partners shall be liable regardless of the cause or duration for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within www.tripdubai.com or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. none of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits punitive or consequential damages.
f. Force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet and telecommunication services) the party affected by any such event shall notify the other party within a maximum of 2 days from its occurrence. the performance of this agreement shall be suspended as long as any such event shall prevent the affected party from performing its obligations under the agreement.
13. LINKS TO THIRD PARTY SITES
The links in this area will let you leave tripdubai site. the link sites are not under the control of tripdubai and tripdubai is not responsible for the contents of any linked sites or any links contained in a linked site, or any changes or updates to such sites. tripdubai is not responsible for webcasting or any other form of transmission received from any linked site. tripdubai is providing these links to you only as a convenience and the inclusions of any link does not imply endorsement by tripdubai of the site.
Tripdubai is a distributer and not a publisher of content and services supplied by third parties and users accordingly, tripdubai has no more additional control over such content than does a public library, book store or newsstands, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties including information providers, users of any other site, users of www.tripdubai.com are those of the respective authors distributers and not of tripdubai neither tripdubai nor any third party provider of information guarantees the accuracy, the completeness, or usefulness of any content nor its merchantability or fitness for any particular purpose.
in many instances the content available through www.tripdubai.com represents the opinions and judgments of the respective providers, users or other users not under contract with tripdubai, tripdubai neither endorses nor is responsible for the accuracy or reliability of any content made by any other than tripdubai employees authorized spokespersons while acting in their official capacities. under no circumstances will tripdubai be liable for any loss or damage caused by a user’s reliance on information obtained through www.tripdubai.com it is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advise or other content available through tripdubai please seek the advice of professionals as appropriate, regarding the evaluations of any specific information, opinion, advice or other content.
14. UNSOLICITED IDEA SUBMISSION POLICY
Tripdubai or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. please do not send any original creative artwork, samples, demos, or other works. the sole purpose of this policy is to avoid potential misunderstandings or disputes when tripdubai’s products or marketing strategies might seem similar to ideas submitted to tripdubai so, please do not send your unsolicited ideas to tripdubai or any one at tripdubai if, despite our request that you not send us your ideas and materials you still send them, please understand that tripdubai makes no assurances that your ideas and materials will be treated as confidential or proprietary
Tripdubai shall have the right, but not the obligation, to monitor the content of www.tripdubai.com including forums and blogs, to determine complaints with this agreement and any operating rules established by tripdubai and to satisfy any law, regulation or authorized government request. tripdubai shall have the right in its sole discretion to edit, refuse to post or remove any material on www.tripdubai.com without limiting the foregoing. tripdubai shall have the right to remove material that tripdubai, in its sole discretion, finds to be violation of the provisions hereof or otherwise objectionable.
User agrees to defend, identify and hold harmless tripdubai, its affiliates and their respective directors’ officers, employees and agents from and against all claims and expenses including attorney’s fees arising out of the use of tripdubai by user or users account.
Either tripdubai or user may terminate this agreement at any time. without limiting the foregoing tripdubai shall have the right to immediately terminate users account in the event of any conduct by user which tripdubai in its sole discretion considers to be unacceptable, or in the event of any breach by user of this agreement.
This agreement and any operating rules for www.tripdubai.com established by tripdubai constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. this agreement shall be construed in accordance with the laws of the united arab emirates. without regard to its conflict of laws and rules, no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. the section headings used herein are for convenience only and shall not be given any legal import.
19. COPYRIGHT NOTICE
Tripdubai, its logos, smarttravel are trademarks of tripdubai. all rights reserved. all other trademarks appearing on tripdubai are properties of their respective owners.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. the example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. no association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
all rights not expressly granted herein are reserved.