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TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE
This website (this "Site") is owned and operated by Emirates Technology Co. (Emitac, Dubai) LLC or one of its affiliates (“Emitac”) as a service for its customers to purchase or download, as applicable mobile applications, accessories and/or handheld devices via the Site. This Site may be used for personal use and/or informational purposes only. When you access, browse or use this Site you accept, without limitation or qualification, the Terms of Use set forth below and any additional terms of use set forth in any other site linked to or accessible through this Site. As long as you comply with these Terms of Use, Emitac grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE AND PLEASE EXIT NOW.
PROPER USE
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, modify or cause damage to the Site or its content, or interfere with the rights of third parties. You must ensure that your access to and use of this Site is not illegal or prohibited by any laws which apply to you.
It is your own responsibility to ensure that the process which you employ for accessing or using this Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may interfere or damage your own computer system.
EMITAC’S RIGHT TO CHANGE THESE TERMS OF USE OR CONTENT
Emitac may add to, remove or change any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. Emitac may add, change, discontinue, remove or suspend any other materials posted or content displayed on this Site, including features, prices and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
DISCLAIMER
EMITAC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE PROVIDED THROUGH THIS SITE OR THE SITE CONTENT WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EMITAC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WITH REGARD TO THE SITE, THE CONTENTS OF THE SITE, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. EMITAC MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. EMITAC DOES NOT WARRANT THAT THE FUNCTIONS OR SERVICE PERFORMED BY OR THROUGH THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR ANY SERVICE PROVIDED VIA THE SITE WILL BE CORRECTED. THE USER OF THIS SITE ASSUMES ALL COSTS AND RESPONSIBILITY ARISING AS A RESULT OF THE USE OF OR RELIANCE ON THIS SITE OR ANY LINKED SITE OR THE INABILITY TO USE THIS SITE.
LINKS FROM THIS SITE
This Site may contain links to internet sites (“Sub-sites”) of third party providers of mobile applications, devices and accessories provided via this Site. Emitac provides such links for your convenience only, and is not responsible or liable for the availability of any Sub-site or the content of any Sub-site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Emitac of the Sub-site or the information contained therein. Emitac disclaims all representations and warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any Sub-site or any other site linked to or from this Site. If you decide to access or use any of the Sub-sites, you do this entirely at your own risk. Emitac reserves the right to terminate any link to a Sub-site at any time. If you use the links in this Site to connect to other Sub-sites, you will leave this Site, and may be subject to the terms of use, including privacy policies, applicable to those Sub-sites.
PRIVACY POLICY
You acknowledge that our Privacy Policy, a copy of which is available by clicking here, forms a part of these Terms of Use. You also acknowledge and understand that internet transmissions may not be completely private or secure and that any message or information you send to this Site may be read or intercepted by others. Although Emitac will make reasonable endeavors to protect the messages and information submitted to this Site including by enabling encryption technology, we are not responsible for any interception of such messages or information.
USER SUPPLIED INFORMATION
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary. Emitac may use such material for any commercial or non-commercial purposes on a royalty free basis anywhere in the world, in any medium, in perpetuity. You hereby give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Emitac uses such material.
Please note that this provision does not relate to any personal data (e.g., name, contact number, etc.) that you submit, which will be handled in accordance with the provisions of our Privacy Policy. You will not include in any posting to this Site, or otherwise disclose in connection with your use of the Site, any confidential information or personal data relating to third parties without their express written consent. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any applicable law.
USER ACCOUNTS, PASSWORDS AND SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up a user ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including any ID and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Emitac immediately of any unauthorized use of your account, ID or password, or any other breach of security. You may be held liable for losses incurred by Emitac or any other user of, or visitor to, the Site due to the use of your ID, password or account by a third party as a result of your failing to keep your account information secure and confidential.
You may not use on this Site anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Emitac will not be liable for any loss or damage arising from your failure to comply with these obligations.
COPYRIGHT, PATENTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Site is protected by copyrights, trademarks and other forms of proprietary rights owned by Emitac or its licensors, and there are a number of proprietary logos, service marks and trademarks found on this Site and the Sub-sites. By making them available on this Site, Emitac does not grant you any license to utilize such proprietary logos, service marks, trademarks. Except as expressly provided herein, Emitac and its licensors or third party providers do not grant any express or implied right to you with respect to any copyrights, trademarks, trade secrets or other proprietary or intellectual property or rights.
You shall not, without the prior written permission of Emitac or the applicable owner, copy, reproduce, appropriate, adapt, modify, reproduce, publish, on-sell, upload, post, transmit, exchange or otherwise distribute in any way the information or data on this Site, including the proprietary trademarks, trade names, images and brands featured on this Site or the Sub-sites, or permit or facilitate any such acts, for any business, commercial or public purpose.
ADDITIONAL TERMS
Additional terms and conditions apply to downloads or purchases of the products or services available via this Site, all of which terms are made a part of these Terms of Use by this reference.
AVAILABILITY OF PRODUCTS AND SERVICES
ONLINE PRICING, SPECIFICATIONS
Prices and specifications of products and services displayed on this Site are subject to change without notice. Emitac is not liable for any typographical, photographic or specification errors with regard to any products and services displayed on the Site. Emitac makes no commitment to correct or update the Site with respect to such errors.
SOFTWARE APPLICATION DOWNLOADS
Any software application available for download (whether for free or purchase, for a limited period or permanently) via the Site is the copyrighted work of Emitac and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with such software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement relating to that software application. Emitac cannot and does not guarantee or warrant that applications available for download through the Site will be free of infection by software viruses or harmful computer code, files or programs.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER EMITAC NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE AND/OR PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF EMITAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF THE PRECEDING SENTENCE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART BY A COURT OF COMPETENT JURISDICTION, THEN IN NO EVENT SHALL EMITAC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE.
EMITAC ALSO ACCEPTS NO LIABILITY FOR ANY FAILURE OR DELAY TO COMPLY WITH THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO CIRCUMSTANCES BEYOND EMITAC’S REASONABLE CONTROL.
INDEMNITY
You agree to indemnify, defend and hold Emitac and all of its subsidiaries, affiliated companies, joint venturers, business partners, information providers, employees, agents, officers, directors, licensors, licensees and any third-party providers (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, reasonable attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use. You will cooperate as fully as reasonably required in Emitac's defense of any such claim.
SUSPENSION, TERMINATION
Emitac may, in its sole discretion, suspend or discontinue the Site and/or any Sub-site linked to this Site at any time with or without cause and with or without notice. Emitac reserves the right, in its sole discretion, to suspend, discontinue or terminate any use by you of this Site where it appears to Emitac that your use is in breach of these Terms of Use, including the provision of false registration details or other misuse of this Site including for example, using or posting any abusive or inappropriate language, communication or materials via this Site. Emitac may also pursue any other remedy legally available to it if you fail to comply with any of your obligations contained in these Terms of Use.
DISCLOSURE BY EMITAC
Emitac may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against an individual or entity who may be causing damage to or interference with (either intentionally or unintentionally) the rights or property of Emitac or its licensors, or the rights or property of visitors to or users of the Site, including Emitac’s customers. Emitac reserves the right at all times to disclose any information that Emitac deems necessary to comply with any applicable law, regulation, legal process or governmental request. Emitac also may disclose your information when Emitac 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 Emitac may preserve any transmittal or communication by you with Emitac through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by applicable law or if Emitac determines that such preservation or disclosure is necessary to, inter alia: (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 Emitac, its licensors, employees, agents, users of or visitors to the Site, or the public.
GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with the laws applicable in Dubai, UAE. Any dispute related to these Terms of Use shall be subject to the exclusive jurisdiction of the Dubai courts.
Those who choose to access or use this Site do so at their own risk and on their own initiative, and are responsible for compliance with all applicable laws.
MISCELLANEOUS
Any waiver of any provision of these Terms of Use must be in writing and signed by Emitac to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these Terms of Use to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These Terms of Use represent the entire understanding and agreement between Emitac and you relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written with respect to the terms and conditions of use of this Site.
