Terms and Conditions
1. INTRODUCTION
TPR Dubai (TPR Dubai primarily operates, controls and manages the Services (as defined below).
TPR Dubai is a platform for providing services in relation to All Repair and Services. The services offered by TPR Dubai include the website www.tprdubai.com and other features, content, or applications offered from time to time in connection with the said website (collectively referred to as “The Website” or “TPR Dubai Services”). The said website is hosted in the UAE and is intended to be viewed in Dubai and Delhi.
By accessing the Website or using TPR Dubai Services, You agree to have read and been unequivocally and irrevocably bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website or view the content available thereon) or a “Member” (which means that you have registered with the website as a member). The term “User” refers to a visitor or a Member. You are only authorized to use TPR Dubai Services (regardless of whether your access or use is intended) if you agree to abide by this Agreement and all applicable laws governing this Agreement. Please read this Agreement very carefully. If you do not agree to be bound by this Agreement in entirety, you should leave the Website and not use TPR Dubai Services in any manner. Your use of any of the TPR Dubai Services constitutes your acceptance of this Agreement.
2. ACCEPTANCE OF TERMS
1. You unconditionally and irrevocably confirm that you have read this Agreement, which also refers to and includes as an integral part, all of which are incorporated by reference in this Agreement as though set out fully herein:
a) The Privacy Policy of TPR Dubai
b) The Disclaimers
c) Additional terms and conditions applicable to specific areas of the Website;
d) Any terms disclosed to and agreed to by you if avail any TPR Dubai services.
2. This Agreement for Use of the Website and TPR Dubai Services (“this Agreement”) between you and TPR Dubai (which terms shall be deemed to individually and collectively include its related entities and persons owning or controlling the Website, (mobile applications), blog, social media accounts, or software program developed by them and related hereto) along with the Privacy Policy (“the Privacy Policy”) sets forth the legally-binding agreement between TPR Dubai operating and you.
3. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the TPR Dubai website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and TPR Dubai services available through the domain and sub-domains of TPR Dubai located at www.tprdubai.com and (ii) the online transactions between those users of the Website who are offering services (each, a “Service Professional”) and those users of the Website who are obtaining services (each, a “Service User”) through the Website (such services, collectively, the “Services”).
4. The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, information, private and public messages, advertisements, and other materials or services on the Website.
5. The Website is owned and operated by TPR Dubai.
6. TPR Dubai may modify or make changes to this Agreement and/or TPR Dubai Services at any time which would become effective immediately upon posting it on the website. You agree that you will periodically check the website periodically to take note of any changes to this Agreement.
3. ELIGIBILITY, ACCESSIBILITY AND REGISTRATION OBLIGATIONS
By using TPR Dubai Services and becoming a Member, you represent and warrant that:
1. You are at least 18 years of age or are older and are legally competent to enter into this Agreement and abide by its terms and conditions;
2. All materials of any kind submitted by you to TPR Dubai through the Website or for inclusion on the Website will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights;
3. You agree that you will only view, visit and retain a copy of pages of the Website only for your personal use and you will not indulge in copying, duplicating, publishing, modifying or otherwise distributing the information present on the Website only for your personal use unless otherwise specifically authorized by TPR Dubai. The cardholder must retain a copy of transaction records and Merchant policies and rules;
4. You are solely responsible for maintaining the confidentiality of your Account and Password of that Account and you accept the entire responsibility for all the activities that occur under your account and password;
5. You agree to immediately notify TPR Dubai of any unauthorized use of your password or account or any other breach of security. In no event will TPR Dubai be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse TPR Dubai for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorized such access;
6. You will provide true, accurate, current and complete information about yourself as prompted by TPR Dubai’s registration form (the “Registration Data”);
7. To use this Website for commercial purposes, that would include providing services of any kind, advertising for services of any kind you would obtain TPR Dubai’s prior written consent to make commercial offers of any kind on the Website, whether by advertising, solicitations, links, or any other form of communication. The Website will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Website and barring such violators from use of the Website.
REGISTRATION OBLIGATIONS
While using the Website, you shall not:
1. Post content or items in any inappropriate category or areas on the Website;
2. Violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
3. Fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional’s identity;
4. Fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity; manipulate the price of any Service or interfere with other users’ Postings;
5. Circumvent or manipulate our fee structure, the billing process, or fees owed to TPR Dubai; post false, inaccurate, misleading, defamatory, or libellous content (including personal information about any Website user);
6. Take any action that may undermine the feedback or rating systems (such as displaying, importing or exporting feedback information off of the Website or using it for purposes unrelated to the Website);
4. DISCLAIMERS & LIMITATION OF LIABILITY
1. TPR Dubai does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and TPR Dubai expressly disclaims any and all liability in connection with all Submitted Content.
2. TPR Dubai does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and TPR Dubai will remove any Data or Submitted Content if properly notified, that such Posting or Submitted Content infringes on another’s intellectual property rights.
3. TPR Dubai reserves the right to remove any Data or Submitted Content without prior notice. TPR Dubai will also terminate a user’s access to the Website if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice. TPR Dubai also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. TPR Dubai may remove such Submitted Content and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
4. You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources and that TPR Dubai is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TPR Dubai with respect thereto, and agree to indemnify and hold TPR Dubai, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
5. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that TPR Dubai may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
6. The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, TPR Dubai does not guarantee any confidentiality with respect to any Submitted Content.
7. You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that TPR Dubai shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
8. You are aware that any information provided by you in the Submitted Content towards locating a professional who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to TPR Dubai.
Limitation of Liabilities
1. To the extent permitted by law, TPR Dubai, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not TPR Dubai has been advised of the possibility of such losses or damages).
2. If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services as a result of your negligent act or omission would result in irreparable injury to TPR Dubai and TPR Dubai shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
5. DISCLOSURE OF INFORMATION
TPR Dubai may also disclose user information including personal information if TPR Dubai reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or another legal requirement of any governmental authority, (ii) would potentially mitigate TPR Dubai’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).
6. SEVERABILITY
If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
7. INDEMNITY
You agree to indemnify and hold TPR Dubai, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Website, including also your use of the Website to provide a link to another Website or to upload content or other information to the Website, or your breach of the Terms of Use.
8. INTELLECTUAL PROPERTY
1. Although TPR Dubai is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through TPR Dubai’s system. The On-line Materials are TPR Dubai intellectual property and are protected by international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without the prior written consent of TPR Dubai, except as expressly and specifically permitted under these Terms of Use.
2. The On-line Materials are and will remain the exclusive property of TPR Dubai. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in TPR Dubai. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the Online Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with TPR Dubai.
3. You acknowledge and agree that TPR Dubai will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the Online Materials made by or for you. At TPR Dubai’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to TPR Dubai or perfect these rights, titles or interests in TPR Dubai’s name.
Trademarks
TPR Dubai and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of TPR Dubai and are protected by international trademark and other intellectual property rights and laws, as applicable. TPR Dubai trademarks may not be used in connection with any service that is not TPR Dubai’s nor in any manner that disparages or discredits TPR Dubai. All other trademarks not owned by TPR Dubai that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TPR Dubai.
Copyright
1. You may not post, modify, distribute, or reproduce in any way any copyrighted material, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of TPR Dubai to terminate Membership of any Member who infringes or repeatedly infringes the copyright or any other intellectual property rights of others.
2. All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either TPR Dubai, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of TPR Dubai and is protected by copyright, trademarks, patents or other intellectual property rights and laws.