Terms of Use

PLEASE READ THESE TERMS OF USE THOROUGHLY AND CAREFULLY. THE TERMS AND CONDITIONS SET FORTH BELOW (THE "Terms of Use") AND THE PRIVACY POLICY (AS DEFINED BELOW) CONSTITUTE A LEGALLY-BINDING AGREEMENT BETWEEN THE COMPANY AND YOU. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of(i) the company Instagram page including the classified advertisements, forums, various email functions and internet links, and all content and company services available through the domain and sub-domains of the company located at [www.yallagrub.com] (collectively referred to as the "Platform"); (ii) the online transactions between those users of the Platform who are offering services (each a "Service Professional") and you as a user of the Platform obtaining services (hereinafter referred to as either "you" or as a "Service User") through the Platform. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Platform, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Platform.

You acknowledge that the Platform serves as a venue for the Services (as defined below) provided by the Company and by using the Platform, these terms and conditions will automatically apply to you. Therefore, you make sure that you read them carefully before using the Platform. By downloading and using the mobile application, you hereby certify that: (1) you are a Service User, (2) you have the authority to enter into these Terms of Use, and (3) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein.

The Platform is owned and operated by YallaGrub App Ltd.

These Terms of Use govern your access, browsing and usage of the of the Platform.

You acknowledge that the Platform may contain links to other websites which are not operated by us (the "Third Party Sites"). We have no control over these Third Party Sites and hereby accept no responsibility for them, their content or for any loss or damage that may arise from your use of them. You further acknowledge and accept that your use of the Third Party Sites will be subject to the provisions, terms and conditions contained within each such Third Party Site.

This Platform affords the opportunity to use services including but not limited: (1) advance ordering food for self pick-up; (2) reserving a place at the premise of a Service Professional and ordering food and pay in advance of the reservation; and (3) [Order and Pay at Table being provided] (Collectively the "Services") We do not provide these Services ourselves as the Service Professionals and you contract independently for the provision of the Services. It is your responsibility to select the Service Professional, the Services and the location at which the Services will be performed, whether on the premises of any of the Service Professionals. We do not make any guarantees with respect to services provided. You understand that we do not routinely screen users nor the Service Professionals and are, therefore, in no way liable nor responsible for the performance of the Services by the Service Professional and it is wholly and completely at your own risk.

WE, OUR AFFILIATES OR LICENSORS ARE NTO RESPONSBILE FOR ANY CONDUCT BY YOU OR THE SERVICE PROFESSIONAL, YOU HEREBY RELEASE US, OUR AFFILAITES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. WE, OUR AFFILIATES OR LICENSORS WILL NTO BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGES ARISING WITH YOU RESULTING FROM THE USE OF THE SERVICES.

As the payment for providing the Services is executed by a third party, you acknowledge that we are not responsible nor liable whatsoever for this payment gateway and shall not any circumstances whatsoever file a claim against us for the Services or the payment gateway.

These Terms of Use form a legally binding contract and you confirm, represent and warrant that you are legally entitled to enter this Platform and have attained the minimum age of 18 years. If you are between the ages of 14 and 18, you need to obtain parental consent and supervision in order to use the Platform. The use of and access to this Platform is strictly prohibited in the event we have restricted or banned you from the Platform for any reason whatsoever.

By browsing through and/or using this Platform, you guarantee and undertake that you meet the eligibility criteria to use the Platform. In the event you are browsing through and/or using the Platform on behalf of a corporate entity, you represent, warrant and undertake that you are authorized to act on behalf of such entity. All references to "you" or "your", as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner. If you use the Platform or open an account on behalf of a corporate entity, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that corporate entity and "you" and "your" herein shall refer to that business.

To the extent you do not meet the eligibility criteria set herein, we may, at our sole discretion, restrict or block your access to and use of the Platform and seek any other remedies legally available to us. We further reserve the right to exercise whatever lawful means we deem necessary in order to prevent unauthorized access to or use of the Platform.

You need not register with the Company to simply visit and view the Platform. To create account, you must submit your name, email address and mobile number through the account registration page on the Platform and create a password. You may also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to the Company in providing you with a more customized experience when using the Platform.

Service Professionals must register on the Platform in order to have access to and avail all the Services. Service Users may post reviews in connection with the Platform, the Service or the Service Professional. In order to register, Service Professionals must provide all required data. By using the Platform, Service Professionals and Service Users confirm they have expressly consented to such use of information and will in no way whatsoever bring any claim against us for the use of this information.

Service Professionals and Service Users shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including a profile (the "Profile"), the posting of a Service ("Offer"), the posting of a desired Service ("Want"), or the posting of any opinions or reviews in connection with the Platform, the Service, the Service Professional, or the Service User (the "Feedback") (all the foregoing content is sometimes collectively referred to herein as the "Generated Content" and the posting of Generated Content is sometimes referred to as a "Posting" or as "Postings") that:

1. infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity;
2. contain any material which is defamatory of any person or entity;
3. misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Professionals; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
4. breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence;
5. violate any other applicable law, ordinance, rule, regulation or public order;
6. invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
7. contains falsehoods or misrepresentations that could damage Company or any third party;
8. is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate.

All Generated Content posted on the Platform will be linked to your username provided at the time of registration.

Should the Generated Content have any criminal implications under the valid laws of the United Arab Emirates, we reserve the right to submit same to the relevant authorities and to disclose your identity to any relevant and competent authorities.

The laws of the United Arab Emirates prohibit any preference, limitation or discrimination based on race, color, religion, sex, ethnic origin, age, caste, doctrine, handicap or other protected class. The Company will not knowingly accept any Posting which is in violation of the law. The Company has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a Service Professional or a Service User from leaving Feedback.

1. Sanctions for Inappropriate Use of Feedback: If you violate any of the above-referenced rules in connection with leaving Feedback, Company, in its sole discretion, may take any of the following actions: (i) cancel or remove your Feedback or any of your Postings; (ii) limit your account privileges; (iii) suspend your account.
2. Reporting Inappropriate Use of Feedback: You may contact the Company regardingany inappropriate use of Feedback via-email at [contactus@yallagrub.com].
3. Resolving Disputes in Connection with Feedback: In the event of any dispute between users of the Platform concerning Feedback, the Company shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, THE COMPANY HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.

The foregoing lists of prohibitions provide examples and are not complete or exclusive. The Company reserves the right to (a) terminate your access to your Account, your ability to post to this Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. The Company reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Company deems appropriate in the Company's sole discretion. The Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company's discretion,the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet. The Company does not and cannot review every Posting posted to the Platform. These prohibitions do not require the Company to monitor, police or remove any Postings or other information submitted by you or any other user.

You must use your true and accurate name when signing up on the Platform (the "User ID"). You are required to select a suitable and non-offensive User ID. Ideally, the user ID you choose will be a reasonable name that clearly identifies you. We reserve the right to remove or reclaim any User ID if we believe, in our sole discretion, the User ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that a User ID is similar to the trademark and the User ID does not closely relate to your actual name or trademark rights).

You may be required to provide your credit card or bank account information to us in order to make all payments for Services provided by the Service Professional. As a condtion to us enabling payment processing services, you agree to provide accurate and complete information about yourself, and you authorize us to share such information for use of payment to the Service Professional for their Services.

Subject to these Terms of Use and your compliance with the same, the Company hereby grants you a non-exclusive, revocable license to use the Platform as set forth in the Terms of Use; provided, however, that:

1. you will not copy, distribute, or make derivative works of the Platform in any medium, whether online or offline, without the Company’s prior written consent
2. you will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purposes; and
3. you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

You hereby grant us an irrevocable, perpetual, non-exclusive, transferable, license, with the right to, to use, copy, sublicense, modify, sell, publicly display, publicly perform, transmit, broadcast, stream and otherwise exploit Generated Content means of the Platform. You acknowledge that you are solely responsible for all Generated Content that you make available through the Platform. Accordingly you represent that:

1. you either are the sole and exclusive owner of all Generated Content that you make available through the Platform or you have all the necessary rights, licenses, consents and releases that are required to be granted to us; and
2. uploading, posting, publication, transmittal of the Generated Content, or our use of the Generated Content (or any portion thereof) on, through or by means of the Platform will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Once you register on the Platform you can use our search engine to locate the Service Professional on the basis of your given inputs (e.g. location, services provided, rating, etc).

The booking will be confirmed by an email acknowledging receipt of the booking which may include: the date and timing(s) of the booking, the price of the Services, the person in charge and point of contact at the Service Professional and the Service Professional’s special terms and conditions (if any).

You are required to present a copy of the email acknowledgment receipt of the booking to the Service Professional if required to do so.

If you wish to cancel your booking you are required to contact us immediately at [contactus@yallagrub.com] or notify the Service Professional by email or by phone or by cancelling via web app or website in Need Help by whose details are provided with the original email acknowledgment receipt of the booking.

If you have made a booking but the food has not been prepared up to the cancellation time, then you will receive 100% refund minus any applicable charges including processing fees incurred by our payment gateway. For example, if the cancellation time set by the restaurant is 45 minutes, you can cancel and order for a full refund until 46 minutes from your arrival time. Once the order status has changed to ‘Sent to Kitchen’ it cannot be refunded. This applies to both pre-orders and orders at the table. This refund policy may vary based on the policy of each Service Professional.

The company reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any payment and out of pocket expenses, or (ii) refund, credit or arrange for the payment of the Service Professional.

All prices and payments for the Services shall be in United Arab Emirates Dirhams. Should you choose to pay with any other currency, we have the right to charge the exchange rate given to us by our bank on the date of the payment. We hereby accept payment in advance for the Services by way of Visa, Mastercard or PayPal so long as the payment is made in an accepted currency over our payment gateway.

prices for the Services are displayed on the Platform and may vary from time to time upon exclusive decision of the Service Professional. As the payment for providing the Services is executed by a third party, you acknowledge that we are not responsible nor liable whatsoever for this payment gateway and shall not under any circumstances whatsoever file a claim against us for the Services or the payment gateway.

The Platform contains details of the Services being provided by the Service Professionals and it is possible that some of the prices and other information shown by the Service Professionals for certain Services are incorrect/not updated as same solely the responsibility of the Service Professionals.

You acknowledge that the Platform enables you to pay and the Service Professionals to accept the payment for the Services. You acknowledge that all the transactions are between you and the Service Professionals and that we are simply facilitating the payment of applicable charges on behalf of the Service Professionals. We are a mobile application and therefore not a bank, credit union, payment processor or any other financial institution. All payments are completed through third party payment gateways. You authorize the Company to process your payment for the Services provided using the payment information you have supplied. Should you try to breach this policy you will face a life-time ban as determined by us in our sole discretion.

We shall endeavor to ensure that the payments for the Services are available and functioning at all times, but cannot guarantee continuous and uninterrupted access to such payment gateway as same is owned and operated by third parties. Access to the payment gateway may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions to such payment gateway and will use our best efforts to secure the restoration of the payment gateway as soon as practically possible.

Service Users shall not take any of the following actions:

1. Commit to purchasing or using a Service without paying;
2. Sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service;
3. Agree to purchase a Service when you do not meet the Service Professional’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or

If a Service User violates any of the above referenced rules in connection with his or her Posting, the Company, in its sole discretion, may take any of the following actions:

1. cancel the Posting
2. limit the Service User’s Account privileges
3. suspend the Service User’s Account.

We will do our best to have the Platform up and running for the whole year, with the exceptions:

1. scheduled system maintenance (notice of same to be provided by us as soon as practical
2. emergency maintenance which might occur from time to time

You consent to receive communications, including commercial communications (whether by phone, email or text) from us and our third party partners, including without limitation, brands. You acknowledge and agree that your primary phone numbers and email addresses and other information may be used for the purpose of initiating commercial messages. Your consent to receipt of such messages is not, and will not be, a condition to any purchase. If at any time you change your mind regarding your consent to such messages, you must contact us. You may opt out of receiving messages that are primarily commercial in nature.

The Platform will contain advertising submitted by the Service Professionals an/or third parties. The Service Professional and the third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations of the United Arab Emirates. The Platform may also contain links to the Service Professionals and/or third party’s websites. Should you decide to click on such links and visit such websites you do so at your own risk. Under no circumstances are we in any way affiliated, associated or endorsing such websites.

You are not allowed to use any content from the Platform for any commercial purpose without the prior express written consent of and/or license granted for this purpose by us

You are not entitled to change, modify and/or edit the digital or hard copies of any particular content of the Platform and/or add, modify and/or use certain photographs, texts, images and/or video and/or audio content to the original content of the Platform.

We expressly reserve all rights regarding the [www.yallagrub.com] domain name and all related domains and sub-domains, the name "[YallaGrub]", the logo, service marks, trading names and/or trademarks. Other trademarks, products and company names mentioned on the Platform may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.

These Terms of Use and other rights granted herein commence on the date of acceptance, whether direct or by continued use of the Platform, of same and shall continue until terminated by you or us. We may terminate your use of the Platform at any time without notice, at our own sole discretion, if you fail to comply with one or more provisions of these Terms of Use. Upon termination (i) all license and other rights granted to you under these Terms of Use will terminate immediately, and (ii) you must cease all use of the Platform. You acknowledge that we may restrict, modify, or terminate these Terms of Use, without liability, for its convenience or if you violate this Agreement or any law, rule, or regulation.

YOU AGREE THAT YOUR USE OF THE PLATFORMWEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, AND COMPANY AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORMWEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORMWEBSITE, ANY DATA, MATERIALS, GENERATED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORMWEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND GENERATED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORMWEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORMWEBSITE, DATA, MATERIALS, GENERATED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORMWEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COMPANY DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM WEBSITE OR GENERATED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORMWEBSITE, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM WEBSITE OR GENERATED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORMWEBSITE. COMPANY DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL COMPANY, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM WEBSITE OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE PLATFORMWEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PLATFORMWEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PLATFORM WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORMWEBSITE OR GENERATED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORMWEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM WEBSITE OR GENERATED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORMWEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM WEBSITE OR GENERATED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORMWEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF COMPANY, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORMWEBSITE, AND/OR GENERATED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO COMPANY BY YOU HEREUNDER.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR SERVICE USER OR SERVICE PROFESSIONAL AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORMWEBSITE.

THE PLATFORM WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY PLATFORMS WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY COMPANY. COMPANY DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY PLATFORMSWEBSITES. IN ADDITION, COMPANY WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PLATFORMWEBSITE, YOU EXPRESSLY RELIEVE COMPANY FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY PLATFORMWEBSITE. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY PLATFORM WEBSITE THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORMWEBSITE.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORMWEBSITE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR GENERATED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE PLATFORMWEBSITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM WEBSITE USERS, YOU FOREVER RELEASE COMPANY (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM WEBSITE AND/OR ANY GENERATED CONTENT.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY COMPANY WITHOUT RESTRICTION.

These Terms of Use shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the United Arab Emirates. Any dispute which may arise out of or in connection with these Terms of Use, in respect of any of terms and conditions or connected with the Platform or arising there from or related thereto in any manner whatsoever, shall be referred exclusively to the courts of Dubai.