Thursday, October 22, 2020

Terms Of Use

Terms and Conditions

These terms and conditions are the contract between you and ITS-Arab (“us”, “we”, etc). By visiting or using our website, or signing up for our services, or applying for membership, you agree to be bound by them.

We are ITS-Arab, a trading name of Exeer Limited registered in England, United Kingdom, number 05823677.

You are:    Anyone who uses our website or buys any service from us.

These are the agreed terms

1     Definitions

“Content”               means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations.

“Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.

“Event”                 means an event for which tickets are offered for sale on Our Website.

“Our Website”           means ITS-Arab website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable Our Website to function.

“Ticket”                means any ticket sold or offered for sale by us on Our Website.

“Material”              means text, images, sounds, videos and animations Posted by you.

“Post”                        means place on or into Our Website any Material of any sort by any means.

2     Interpretation

In this agreement unless the context otherwise requires:

2.1   a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.

2.2   in the context of permission, “may not” in connection with an action of yours, means “must not”.

2.3   the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.

2.4   any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

2.5   The words “without limitation” shall be deemed to follow any use of the words “include” or “including” herein.

2.6   a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.

2.7   all money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.

2.8   this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3     Basis of Contract

3.1   We do not offer memberships in all countries. We may refuse membership if you live in a country we do not serve.

3.2   Admission to membership is at the discretion of ITS-Arab management.

3.3   In entering into this contract you have not relied on any representation or information from any source except the explanation of membership services and Events Ticket given on Our Website.

3.4   Subject to these terms and conditions, we agree to provide to you some or all of the membership services described on Our Website at the prices we charge from time to time.

3.5   You acknowledge that you understand exactly what is included in the price of a Ticket and you are satisfied that the Ticket you have selected is suitable and satisfactory for your requirements.

3.6   Some of our services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.

3.7   So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.

3.8   Our contract with you and licence to you last for 30 days from the date of payment. Any continuation by us or by you after the expiry of 30 days is a new contract in the terms then shown on Our Website. Your continued use of our services after that shall be deemed acceptance by you of the changed service, system and/or terms.

3.9   The Contract between us comes into existence only when we write to you to confirm that your admission to membership is accepted or the Ticket you want is available. Your payment does not create a contract. If we decline to provide Admission to membership or a Ticket we shall immediately return your money to your credit card.

3.10  When you buy a Ticket, in law you buy a personal licence to attend an Event. We may revoke that licence at any time. If that happens you are entitled only to the return of money paid.
3.11  If we give you free access to a service or feature on Our Website which is normally a charged feature, and that service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.

3.12  We may change this agreement and / or the way we provide memberships or a Ticket, at any time. If we do:

3.12.1      the change will take effect when we Post it on Our Website.
3.12.2      you agree to be bound by any changes. If you do not agree to be bound by them, you should not use Our Website or services.

4     Membership

4.1   Purchase of ITS-Arab membership entitles you to membership services as set out on Our Website from time to time.

4.2   Details of the cost and benefits of ITS-Arab membership are as set out on Our Website from time to time.

4.3   Payment for ITS-Arab membership is for a fixed period of time. At least one week before expiry of that period we shall send you a message to your last known email address to tell you that you membership is shortly to expire and inviting you to renew. An invoice for a new period of ITS-Arab membership will be included.

4.5   We reserve the right to modify the ITS-Arab Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the ITS-Arab Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those posted here on Our Website on the day you join as a member. It may be useful to print a copy now.

5    Tickets

5.1   Breach of these terms and conditions will entitle us to cancel your licence to attend. You may then be ejected from the Event Venue. You may also be ejected from the venue for unacceptable behaviour.

5.2   We may change the programme for an event for circumstances beyond our reasonable control.

5.3   If you fail a security search, we may refuse to admit you. Because you would be in breach of your implied obligation to behave in an acceptable way, no money will be refunded.

5.4   If you arrive after the start time, it may not be possible to admit you. Alternatively, you may not be allowed admission until a suitable break in the programme.

5.5   You must not use photographic or recording equipment without have obtained written permission in advance. If you do, you accept that we may destroy the media on which they are made or recorded.

5.6   We accept no responsibility for your personal property.

6     Your account and personal information

6.1   When you visit Our Website, you accept responsibility for all things done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

6.2   You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.

6.3   You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your membership.

7     Prices

7.1   The price payable for membership and services such as event Tickets are clearly set out on Our Website.

7.2   Prices are inclusive of any applicable value added tax or other sales tax.

7.3   If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we supply it to you.

7.4   When you subscribe for a subscription service, that payment may not cover other services, for which we will ask you to pay either by addition to your subscription or by a single payment.

7.5   Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.

7.6   You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.

7.7   All money paid by you to us is non-refundable and cancellation and/or termination of this agreement by you or us at any time for any reason will not entitle you to a refund of money paid for any service.

8     Membership Renewal payments

8.1   At least one week before expiry of the period for which you have paid, we shall send you a message to your last known email address to tell you that your memberships is shortly to expire and to invite you to renew. An invoice for the new period will be included.

8.2   At any time before expiry of your subscription, you may use the “My Account” tab on Our Website to access your personal information and change your requirements for services or cancel renewal.

8.3   At expiry of your ITS-Arab subscription we shall automatically take payment from your credit card of the sum specified on the invoice sent earlier and shall confirm the renewal of your ITS-Arab membership for a further period by sending you an email message.

8.4   Termination of this agreement by you or us at any time for any reason will not entitle you to a refund of money paid.

9    Tickets Cancellations and returns

9.1   You accept that there may be pricing errors on Our Website. In the Event of a serious under pricing error, we are not liable to provide Tickets to you. Your order will be cancelled and we will return any money paid.

9.2   We will try to help you if an Event is cancelled or changed. You may contact us for information relating to:

9.2.1 general information;
9.2.2 seats at any rescheduled Event (subject to availability) up to the face value of the Tickets;
9.2.3 a full or partial money refund, depending on the extent of the cancellation or change.

10    Security of your credit card

10.1  We take care to make Our Website safe for you to use. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

10.2  If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

11    How we handle your data

11.1  Our privacy policy is strong and precise. It complies fully with the relevant law.

11.2  If you Post Material to any public area of Our Website it becomes available to all the World. We have no control who sees it nor what anyone does with it.

11.3  Restricted information is also available to all the World, subject only to a user subscribing. It is important that Material you Post is accurate and complete, but you should avoid Posting unnecessary confidential information.

11.4  We need the freedom to be able to publicise our services and your own use of them. You therefore now irrevocably grant to us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Material that you place on Our Website, throughout the World and in any medium. You represent and warrant that you are authorised to grant all such rights.

11.5  We will use that licence only for commercial purposes of ITS-Arab and will stop using it after a commercially reasonable period of time.

11.6  You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your Posted Material as provided in the Copyright, Designs and Patents Act 1988 s80.

11.7  Posting any Material does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.

11.8  You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any Material having been Posted by you;

11.9  You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.

11.10 Please notify us of any security breach or unauthorised use of your account.

12    Restrictions on what you may Post to Our Website

We invite you to Post Material to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our organisation and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.

We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Material Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.

You agree that you will not use or allow anyone else to use Our Website to Post Material, upload Content or undertake any activity which is or may:

12.1  be unlawful, or tend to incite another person to commit a crime;

12.2  consist in commercial audio, video or music files;
12.3  be obscene, offensive, threatening, violent, malicious or defamatory;

12.4  be sexually explicit or pornographic;

12.5  promote discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation or age;

12.6  be likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person;

12.7  be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

12.8  give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

12.9  request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;

12.10 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
12.11 facilitate the provision of unauthorised copies of another person's copyright work;

12.12 link to any material of the sorts specified in this paragraph;

12.13 promote or endorse illegal activities, or provide instructions or information about illegal activities or other activities prohibited by these terms. Examples are: making or buying illegal weapons, stalking; providing computer viruses or distributing pirated media);

12.14 bulk sending of unsolicited messages, or the sending of unsolicited messages which provoke complaints from recipients;

12.15 make excessive and repeated Posting off-topic messages to any forum or group;

13    Your Posting: restricted Material

In connection with the restrictions set out below, we may refuse or edit or remove Material which does not comply with these terms.

In addition to the restrictions set out above, your Material must not contain:

13.1  hyperlinks, other than those specifically authorized by us;

13.2  keywords or words repeated, which are irrelevant to your Material.

13.3  the name, logo or trademark of any organisation other than that of you or your client.

13.4  inaccurate, false, or misleading information;

13.5  material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.

14    Removal of offensive Material

14.1  For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

14.2  We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

14.3  If you are offended by any Content, the following procedure applies:

14.3.1      Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
14.3.2      We shall remove the offending Content as soon as we are reasonably able.
14.3.3      After we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
14.3.4      We may re-instate the Content about which you have complained or not.

14.4  In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

14.5  You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

15    Security of Our Website

15.1  We may, at our discretion or as part of a paid service, give you permission to access Our Website for the purpose of Posting or uploading Material of some sort. We may read, assess, review or moderate any Material Posted on Our Website. If we do, we need not notify you or give you a reason.

15.2  You agree that you will not, and will not allow any other person to:

15.2.1      violate or attempt to violate any aspect of the security of Our Website;
15.2.2      modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it. you understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
15.2.3      link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
15.2.4      download any part of Our Website, without our express written consent;
15.2.5      collect or use any product listings, descriptions, or prices;
15.2.6      collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
15.2.7      use data mining software, robots, or similar data gathering and extraction tools on Our Website;

15.2.8      for any purpose use our name, any proprietary information (including images, text, page layout, or form) of ours or of our affiliates in any way and in particular to entice search robots to some other website;
15.2.9      use Our Website in any way that causes, or is likely to cause, Our Website or access to it to be interrupted, damaged or impaired in any way.
15.2.10     use Our Website to hack into the computer of any other person or make contact with any other computer;
15.2.11     make available or upload files that contain software or other material, data or information not owned or licensed to you;
15.2.12     promote or endorse an illegal or unauthorised copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
15.2.13     hide or remove the banner advertisements on any page of Our Website;
15.2.14     use any system to perform an automated operation;
15.2.15     use a technology which results in “framing”, pop-up windows, interstitial pages or advertisements, or similar techniques.
15.2.16     upload or republish any part of our Content on any Internet, intranet or extranet site.
15.2.17     share with a third party any login credentials to Our Website;

15.3  Despite the above terms, we now grant a licence to you to:

15.3.1      create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
15.3.2      you may copy the text of any page for your personal use in connection with our purpose.

16    Storage of data
16.1  We may, from time to time, set a limit on the number of messages you may send, store, or receive through membership. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.

16.2  We assume no responsibility for the deletion or failure to store or deliver email or other messages.

16.3  You accept that we cannot be liable to you for any such deletion or failure to deliver to you.

16.4  We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.

17    Membership Duration and termination

17.1  You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Web Site and submitting it. We reserve the right to check the validity of any request to terminate your membership.

17.2  We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.

17.3  Termination by either party shall have the following effects:

17.3.1      your right to use your membership immediately ceases;
17.3.2      we are under no obligation to forward any unread or unsent messages to you or any third party.

18    Interruption to services

18.1  If it is necessary for us to interrupt our services, we will give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.

18.2  You acknowledge that our services may also be interrupted for many reasons beyond our control.

18.3  You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to our services.

19    Intellectual Property

You agree that at all times you will:

19.1  not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.

19.2  notify us of any suspected infringement of the Intellectual Property;

19.3  so far as concerns software provided or made accessible by us to you, you will not:

19.3.1      copy, or make any change to any part of its code;
19.3.2      use it in any way not anticipated by this agreement;
19.3.3      give access to it to any other person than you, the licensee in this agreement;
19.3.4      in any way provide any information about it to any other person or generally.

20    Disclaimers and limitation of liability

20.1  The law differs from one country to another. This paragraph applies so far as the applicable law allows.
20.2  All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.

20.3  Our Website and our membership services are provided “as is”. We make no representation or warranty that any service will be:

18.3.1      useful to you;
18.3.2      of satisfactory quality;
18.3.3      fit for a particular purpose;
18.3.4      available or accessible, without interruption, or without error.

20.4  We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

20.5  We make no representation or warranty and accept no responsibility in law for:

18.5.1      accuracy of any Content or the impression or effect it gives;
18.5.2      delivery of Content, material or any message;
18.5.3      privacy of any transmission;
18.5.4      the conduct, whether online or offline, of any user of Our Website or our services;
18.5.5      failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of our services.
18.5.6      loss or damage resulting from your attendance at an event organised through Our Website or our services;
18.5.7      any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
18.5.8      any aspect or characteristic of any goods or services advertised on Our Website.

20.6  you agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 30 days period for the services concerned.

20.7  Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of £ 1,000.00 . This applies whether your case is based on contract, tort or any other basis in law.

20.8  We shall not be liable to you for any loss or expense which is:

18.8.1      indirect or consequential loss; or
18.8.2      economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

20.9  This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999, as well as to ourselves.

20.10 If you become aware of any breach of any term of this agreement by any person, please tell us by email or post. We welcome your input but do not guarantee to agree with your judgement.

20.11 Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.

21    You indemnify us

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

21.1  your failure to comply with the law of any country;

21.2  your breach of this agreement;

21.3  any act, neglect or default by any agent, employee, licensee or customer of yours;

21.4  a contractual claim arising from your use of our services.

21.5  any Material you Post to Our Website;

21.6  any data you send or upload to Our Website for storage or any other purpose;

21.7  a breach of the intellectual property rights of any person.

      For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at £ 100.00 per hour without further proof.

22    Miscellaneous matters

22.1  You undertake to provide to us your current land address, e-mail address, telephone and fax numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.

22.2  If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

22.3  If you are in breach of any term of this agreement, we may:

20.3.1      publish all text and Material relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
20.3.2      terminate your account and refuse access to Our Website;
20.3.3      issue a claim in any court.

22.4  Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.

22.5  No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

22.6  You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.

22.7  Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by fax or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
if sent by fax to the correct number: within 24 hours;
if sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

22.8  In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

22.9  This agreement does not give any right to any third party under the contracts (Rights of Third Parties) Act 1999 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that act.

22.10 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales and you agree that any dispute arising from it shall be litigated only in England and Wales.


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