1. DEFINITIONS
In these Terms & Conditions, unless the context otherwise requires, the following expressions shall have the following meanings:
1.1 “App” means the mobile application, Al Wasl
1.2 “Device” means the mobile device on which you are running the App
1.3 “Service” means the services, information, functions and features made available to you through the App
1.4 “Password” refers to the valid password that you use in conjunction with the Username to access and use certain password-protected or secure parts of the App and/or Service
1.5 “User Materials” means any information, text, and/or other materials submitted by you for inclusion and/or posting through the App and/or Service
1.6 “Username” refers to the unique login identification name or code that identifies you.
2. LICENCE TO USE APP
2.1 The App is proprietary to Al Wasl and must not be used other than strictly in accordance with the terms set out herein. If you agree to these Terms & Conditions by clicking the “I ACCEPT” button, Al Wasl grants to you a personal, limited, non-exclusive, non-transferable, non-sublicensable right to use the App on a single personal Device, strictly for private and non-commercial use only and subject always to these Terms & Conditions, for the purpose of accessing and using the Service.
2.2 Al Wasl reserves all rights not granted hereunder.
2.3 You may not under any circumstances: (i) copy, sell, distribute, transmit, publicly display, rent, lease, export, publish or otherwise reproduce the App or any part thereof in any form by any means; and/or (ii) adapt, modify, decompile, disassemble and/or reverse engineer the App or any part thereof.
2.4 Any breach of the requirements or restrictions in these Terms & Conditions shall result in immediate and automatic termination of all rights and licence granted hereunder.
3. USE OF SERVICE
3.1 You must (i) abide by all applicable laws and regulations in your use of the App and the Service; (ii) not impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (iii) not send, distribute or upload, in any way, data or materials that contain viruses, malicious code or harmful components that may impair or damage the operation of another’s computer or device; and (iv) not post, promote or transmit through the App and/or the Service any unlawful, harassing, libellous, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
4. RESERVATION OF RIGHT
4.1 Al Wasl may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, the App and/or the Service and shall not be liable if any such upgrade, modification, suspension or alteration prevents you from accessing the App and/or the Service or any part thereof. The information and/or any other material provided through the App or Service may be modified, deleted or replaced from time to time and at any time in the absolute discretion of Al Wasl.
4.2 Al Wasl reserves the right, but shall not be obliged to: (i) to monitor, screen or otherwise control any activity, content or material provided through the App or Service. Al Wasl may investigate any violation of these Terms & Conditions and may take any action it deems appropriate; (ii) remove, block, reject or relocate any User Material made available through the App or Service; (iii) to prevent or restrict access of any user to the App or Service; and/or (iv) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities.
5. OTHER APPLICABLE TERMS/NEW SERVICES
5.1 In addition to these Terms & Conditions, the use of specific aspects of the App or Service and/or more comprehensive or updated versions of the App or Service may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect. By agreeing to these Terms & Conditions, you also agree to such Additional Terms.
5.2 Al Wasl reserves the right (but shall not be obliged) to introduce new products, applications, programmes, services, functions and/or features (collectively, “New Services”) to the App and/or Service. The term “Service” shall include New Services which are provided at no charge or fee unless otherwise indicated.
5.3 All New Services shall be governed by these Terms & Conditions and may be subject to Additional Terms which you shall be required to agree to before access to and use of such New Services are provided. In the event of any inconsistency between these Terms & Conditions and the Additional Terms, the Additional Terms shall prevail in so far as the inconsistency relates to the service, product and/or programme in question unless otherwise provided.
5.4 You may be required to make additional payment to use or access New Services.
6. ADVERTISING
7.1 Any hyperlink to any other website or webpage is not an endorsement or verification of such website or webpage and should only be accessed at your own risk.
8. NO WARRANTY
8.1 The App and Service and all information, materials, services and functions contained therein including, software, programs, data, databases, text, graphics, photographs, animations, audio, music, video, links or other materials, are provided “as is” and “as available”. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE APP OR SERVICE, OR ANY INFORMATION AND MATERIALS PROVIDED THROUGH THE APP OR SERVICE. Without prejudice to the generality of the foregoing, Al Wasl does not warrant: (i) the accuracy, timeliness, adequacy or completeness of the information, materials, services and/or functions provided through the App and/or Service; (ii) that your use of and/or access to the App, Service or any information or any materials provided through the App or the Service, or the operation of the App, will be uninterrupted, secure or free from errors or omissions or that any identified defect will be corrected; (iii) that the App, Service or any information or materials provided through the App or Service will meet your requirements or are free from any virus or other malicious, destructive or corrupting code, agent, program or macros; and (iv) that use of the App and/or the materials displayed on the App and/or the Service by you will not infringe the rights of third parties.
8.2 In addition, Al Wasl makes no warranty regarding any applications, products or services that may be or which are purchased or obtained, or any transactions entered into, through the App or Service.
8.3 You acknowledge and agree that Al Wasl does not warrant the security of any information transmitted by or to you using the App or Service and you hereby accept the risk that any information transmitted or received using the App or Service may be accessed by unauthorised third parties and/or disclosed by Al Wasl and by its officers, employees or agents to third parties purporting to be you or purporting to act under your authority.
8.4 You will not hold Al Wasl or any of its officers, employees or agents responsible or liable, in contract, tort (including negligence or breach of statutory duty), equity or otherwise, for any such access or disclosure or for any damages, losses, expenses or costs (whether direct or indirect, or whether foreseeable or not) suffered or incurred by you as a result of any such access or disclosure.
9. USER MATERIALS
9.1 You will not disclose your contact details to other Users through the App and/or Service and will adhere to any instructions or guidelines which Al Wasl may publish or make available from time to time.
9.2 Neither Al Wasl endorses nor assumes any responsibility for the contents of your transmissions or communications through the App and/or Service and you are solely responsible therefor. You warrant and represent that you have the right and authority to submit your User Materials and that your User Materials do not infringe the intellectual property rights or any other rights of any third party. You hereby grant to Al Wasl a non-exclusive, world-wide royalty-free, irrevocable licence and right to host, transmit, distribute or use (which will include without limitation, the right to copy, reproduce and/or publish) the User Materials in connection with the provision of the Service to you and for the purposes you have instructed or requested.
10. DATA PRIVACY AND CONFIDENTIALITY
10.1 You agree that all information and/or particulars sent or submitted by you through the App or Service are non-confidential and non-proprietary unless otherwise expressly indicated by you and may be collected, used and disclosed by Al Wasl in accordance with Al Wasl’s Privacy Policy, as may be updated and/or amended by Al Wasl from time to time.
