Terms of Use of Run Run Platform
I. ACCEPTANCE OF TERMS OF USE AND OTHER POLICIES
All references to “you” or “your”, as applicable, means the person that accesses, uses, and/or participates in the Run Run Platform (as defined below) in any manner (the “Users”). If you use the Run Run Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms of Use will be deemed acceptance by the entity you represent and “you” and “your” herein shall refer to such entity.
Terms of Use.
These terms of use (the “Terms of Use”) govern your use of our website [XXX] (the “Website”) and our Run Run application for mobile and handheld devices (the “App”) and any assignees and permitted licenses thereof. The Website and the App are jointly referred to as the “Run Run Platform”. The Run Run Platform is currently owned and operated by Run Run Portal (the “Company”), a company incorporated under the laws of the United Arab Emirates, having its registered office at [XXX]. “We”, “us”, and “our” herein shall refer to the Company and our associates/partners/successors/permitted assigns. Please read these Terms of Use thoroughly and carefully before you use the Run Run Platform as they contain provisions that define your limits, legal rights and obligations with respect to your participation in the Run Run Platform and your use of the services offered by the Run Run Platform (such services, collectively called the “Services”). These Terms of Use and the Privacy Policy (as defined below) constitute a legally binding agreement between the Company and you. By installing, downloading or using the Run Run Platform, and by clicking on “I confirm that I have read the Terms of Use and agree to be bound by them” you agree to enter into a binding contract between you and the Company and you signify your acceptance to the Terms of Use and other policies of the Company (including but not limited to the Privacy Policy) as posted on the Run Run Platform from time to time, which contract takes effect on the date on which you download, install or use the Services. If you do not agree to the foregoing, you should not click to affirm your acceptance thereto, in which case you are prohibited from accessing or using the Run Run Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue accessing or participating in the Services offered by the Run Run Platform immediately. By using the Run Run Platform, you agree that the terms, conditions, and disclaimers set out in these Terms of Use are reasonable and acceptable to you.
Privacy Policy
The Company has established a privacy policy that explains to the Users how their information/data (the “User Content”) is collected, stored, and processed (the “Privacy Policy”). The Privacy Policy is referenced above and hereby incorporated into the Terms of Use. Your use of the Run Run Platform is governed by the Privacy Policy, which can be found following this link [XXX].
Amendments to the Terms of Use
These Terms of Use and any other document incorporated by reference are subject to modifications at any time. The Company reserves the right to modify or change these Terms of Use and its other policies at any time by posting changes on the domain of [XXX]. You shall, at all times, be responsible for regularly reviewing the Terms of Use and other policies of the Company and note the changes made on the Run Run Platform.
II. USE OF PLATFORM AND SERVICES
Membership eligibility criteria.
You do not need to register on the Run Run Platform to simply visit and view the Run Run Platform, but to use the Services, or to access and participate in certain features of the Run Run Platform, you will need to create an account (the “Account”) using your phone number and verify it with a one-time password sent to such phone number. You may also be required to provide information such as your name and email address to complete your profile. You may be able to provide additional optional information, which is not required to create the Account but may be helpful to the Company in providing you with a more customized experience when using the Run Run Platform. You may also create the Account using your existing Facebook, Google, or any such other account and log-in credentials as may be offered on the account registration page/screen (“Third-Party Site Account”). Use of the Run Run Platform is available only to individuals who are capable of forming legally binding contracts under the law of the United Arab Emirates. You represent, acknowledge, and agree that you are at least 21 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Run Run Platform and the Services offered by the Run Run Platform do not violate any applicable law or regulation. Your Account may be terminated without warning if we, at our discretion, believe that you are under the age of 21, any other representations you’ve made by accepting this Terms of Use are false, or that you are not complying with any applicable laws, rules or regulations. If you are not of the legal age and you access the Run Run Platform, please be aware that it shall be assumed that your usage was authorized by such person, who is your parent or guardian and that such person has supervised your usage. We reserve the right to suspend or terminate your Account and your access to the Services (i) if any User Content provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other Users or us; and/or (iii) if you are found to be non – compliant with these Terms of Use. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account. You shall notify the Company immediately in case of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another User's account without prior consent from the Company. You agree that you will not misrepresent yourself or represent yourself as another user of the Run Run Platform. You hereby expressly acknowledge and agree that you will be liable for any legal claims, losses, damages (whether direct, indirect, punitive, or consequential) caused to you, the Company or others as a result of an unauthorized use of your Account.
Use of the Platform.
You agree, undertake and confirm that your use of the Run Run Platform shall be strictly governed by the following binding principles:
(a) You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
- (i) belongs to another person and which you do not have any right to;
- (ii) is (or promotes illegal activities or conduct that are) harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to any content which is in violation of the provisions of any laws of the United Arab Emirates;
- (iii) is misleading, false, inaccurate or misrepresentative in any way;
- (iv) harasses or advocates harassment of other persons;
- (v) involves the transmission of “junk mail”, “chain letters”, unsolicited mass mailing or “spamming”;
- (vi) infringes upon or violates any third party's rights, including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- (vii) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated entertainment content or links to pirated entertainment content;
- (viii) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- (ix) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- (x) provides instructional information about any illegal activities, including, but not limited to information on making or buying illegal substances or weapons, violating someone's privacy, or providing or creating computer viruses;
- (xi) contains video, photographs, or images of another person (whether that of a minor or an adult);
- (xii) solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
- (xiii) interferes with another user's use and enjoyment of the Run Run Platform;
- (xiv) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Run Run Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
- (xv) may harm minors in any way;
- (xvi) infringes on any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent;
- (xvii) violates the applicable laws and regulations;
- (xviii) deceives or misleads the addressee/users about the origin of such messages or communicates any information which is offensive or menacing in nature;
- (xix) impersonates another person;
- (xx) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- (xxi) threatens the unity, integrity, defense, security or sovereignty of the United Arab Emirates, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting to any other nation; and/or
- (xxii) creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
(b) You shall not conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, data harvesting, 'framing' (iframes), article 'spinning') on or in relation to the Run Run Platform without express written consent from the Company.
(c) You shall not directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline.
(d) You shall not try to gain unauthorized access or exceed the scope of authorized access to the Run Run Platform or to the accounts, users, profiles, blogs, communities, account information, bulletins or other areas of the Run Run Platform or solicit passwords or personal identifying information from other users.
(e) You shall not engage in commercial activities and/or sales without our prior written consent including, but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Run Run Platform. Throughout these Terms of Use, the Company's prior written consent means a communication coming from the Company's legal department/authorized representative, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization.
(f) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Run Run Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Run Run Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Run Run Platform.
(g) You shall not attempt to gain unauthorized access to any portion or feature of the Run Run Platform, or any other systems or networks connected to the Run Run Platform or to any server, computer, network, or to any of the services offered on or through the Run Run Platform, by hacking, "password mining" or any other illegitimate means.
(h) You shall not probe, scan or test the vulnerability of the Run Run Platform or any network connected to the Run Run Platform nor breach the security or authentication measures on the Run Run Platform, or any network connected to the Run Run Platform. You may not reverse look-up, trace or seek to trace any information of any other user of or visitor to the Run Run Platform, or any other third party, including any account on the Run Run Platform not owned by you, to its source, or exploit the Run Run Platform or any service or information made available or offered by or through the Run Run Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Run Run Platform.
(i) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name “Run Run Portal”, or otherwise engage in any conduct or action that might tarnish the image or reputation of the Company on the Run Run Platform or otherwise tarnish or dilute any of the Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Run Run Platform or the Company's systems or networks, or any systems or networks connected to the Company.
(j) You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Run Run Platform or any transaction being conducted on the Run Run Platform, or with any other person's use of the Run Run Platform.ك. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Run Run Platform or any service offered on or through the Run Run Platform. You may not pretend that you are, or that you represent,someone else, or impersonate any other individual or entity.
(k) You may not use the Run Run Platform or any content on the Run Run Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of the Company and/or others.
(l) You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange of control laws or regulations in force); and (b) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to goods and service taxes, and local levies) regarding your use of the Services and your listing, purchase, solicitation of offers to avail the Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange of control laws or regulations for the time being in force.
In order to allow us to use the User Content supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information/data, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with these Terms of Use and the Privacy Policy applicable to use of the Run Run Platform.
We will monitor your messages and interaction on the Run Run Platform and, if you indulge in any form of advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Run Run Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Run Run Platform. The Company shall have the right to remove or edit any content that, in its sole discretion, violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Run Run Platform and in your private messages. Please be advised that such content posted does not necessarily reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Run Run Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Run Run Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Run Run Platform. Please note that the Company does not warrant the quality or performance of any products or services which are hosted on the Run Run Platform. Users are encouraged to exercise their personal discretion while choosing any product or service available on the Run Run Platform.
It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Run Run Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Run Run Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Run Run Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Run Run Platform. Please carefully select the type of information that you publicly disclose or share with others on the Run Run Platform.
III. TERMS OF SERVICE
You acknowledge and agree that Run Run Portal facilitates the hosting of products, services, events, and arenas which are offered by third party providers (the “Service Provider”) and the Company does not:
- (a) Make any warranties, whether express or implied of the quality of the products, services, events or arenas which are offered by the Service Provider;
- (b) Endorse, or confirm that a certain product, products, services, events or arenas which are provided or offered by the Service Provider, conform to a certain quality or has been rated in a certain format;
- (c) Assume any liability if the products, services, events or arenas provided by the Service Provider do not meet the expectation of the User of if the User suffers any loss or damage, including any bodily injury as a consequence of using such products, services, events or arenas; and
- (d) Assume any liability in the event of any change, alteration, amendment or replacement to the products, services, events or arenas offered by the Service Provider.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/debit card details to the approved payment gateways for availing the Services. You shall not use the credit/debit card which is not lawfully owned by you (i.e., in any transaction, you must use your own credit/debit card). The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order. You will be solely responsible for the security and confidentiality of your credit/debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card.
The Run Run Platform is not equipped or authorized to conclude any financial transaction. All payments shall be made through the approved payment gateway. The Company will conduit the payments received through the payment gateway, or such other authorized payment system, to the Service Provider. The confirmation of such payment shall be issued directly to you by the payment gateway and the Run Run Platform may provide you an electronic receipt for the payment. Notwithstanding the foregoing, please ensure that you claim an invoice from the Service Provider.
You agree not to attempt to impose liability on or seek any legal remedy from us with respect to any actions or omissions of the Service Provider.
IV. GENERAL TERMS OF USE
Payments made through the Run Run Platform are subject to the following cancellation policy:
- (a) cancellations made more than 48 hours in advance of the booking date and time are eligible to a 100% refund;
- (b) cancellations made less than 48 hours in advance of the booking date and time but more than 24 hours in advance of the booking date and time are eligible to a 100% refund, but the Company will deduct a certain fee as a service charge; and
- (c) cancellations made within 24 hours of the booking date and time will not be refunded for any reason including for not purchasing, or availing any products, services, events or arenas.
Information provided by the Run Run Platform shall be updated on a regular basis subject to the same being provided to us by the Service Provider. If the Service Provider amends, alters, or withdraws any product, service, venue or arena and the same is not updated on the Run Run Platform at the time of the User availing such products, services, events or arenas, then the Service Provider shall ensure the replacement of the products, services, events or arenas with an equivalent offering or to refund the money receive from the User.
The Run Run Platform can be used to procure or avail products, services, events or arenas within select emirates in the United Arab Emirates. The Run Run Platform will provide and facilitate access only to those Service Providers who are registered on the Run Run Platform. As we are providing the Services in the select emirates in the United Arab Emirates, we have complied with applicable laws of the United Arab Emirates in making the Run Run Platform and its content available to you. In the event the Run Run Platform is accessed from outside the UAE or outside our operating zones, it shall be entirely at your risk.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and the Company’s policies to the attention of all such persons accessing the Run Run Platform on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Run Run Platform requires internet connectivity and/or telecommunication links. You shall bear the costs incurred to access and use the Run Run Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs. [You agree to receive promotional/transactional SMS and e-mails from the Company or our partners.]
Your use of the Run Run Platform shall be solely for your personal use and you shall not authorize others to use your Account, including your profile or email address and that you are solely responsible for all content published or displayed through your Account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
You agree to release and fully indemnify the Company and/or any of its directors, shareholders, officers, employees, affiliates and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Run Run Platform and specifically waive any claims that you may have. Without prejudice to this, you agree that the limitations and disclaimers set out in these Terms of Use will also protect the officers, employees, agents, subsidiaries, successors, assigns and sub-contractors of the Company.
V. ACCESS TO THE PLATFORM, ACCURACY AND SECURITY
We endeavor to make the Run Run Platform available 24/7, however, we do not represent that access to the Run Run Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Run Run Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Run Run Platform or your obtaining of any material from, or as a result of using the Run Run Platform. We shall also not be liable for the actions of third parties. [We do not represent or warrant that the information available on the Run Run Platform will be correct, accurate or otherwise reliable.]
We reserve the right to suspend or withdraw access to the Run Run Platform to you personally, or to all users temporarily or permanently at any time without notice.
VI. RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES
In the event the Run Run Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any operator, including, without limitation, Apple, Google, or Android (each being an “Operator”).
Your download, installation, access to or use of the Run Run Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we are solely responsible for the Run Run Platform and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Run Run Platform is limited to a non-transferable license to use the Run Run Platform on a mobile device that you own or control and as permitted by these Terms of Use.
[We are solely responsible for providing any maintenance and support services with respect to the Run Run Platform as required under applicable law. We acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Run Run Platform.] [You and we acknowledge that we are responsible for addressing any claims of you or any third party relating to the Run Run Platform or your possession and/or use of the Run Run Platform, including, but not limited to: (i) any claim that the Run Run Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.] [You and we acknowledge that, in the event of any third party claim that the Run Run Platform or your use of the Run Run Platform infringes that third party's intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.]
VII. DISCLAIMERS
The Run Run Platform may be under constant upgrades, and some functions and features may not be fully operational. Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Run Run Platform or delay or errors in functionality of the Run Run Platform. As a result, we do not represent that the information posted is correct in every case. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards. [You acknowledge that third party services are available on the Run Run Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you; however, you acknowledge and agree that at no time we are making any representation or warranty regarding any third party's services nor shall we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third parties’ services.] While the materials provided on the Run Run Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made, or action taken in reliance on such information. The information provided hereunder is provided “as is”. We and/or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability. We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information or the Services provided on the Run Run Platform. In this regard, you acknowledge that the Services offered by the Run Run Platform concern activities that carry an inherent risk. However, we merely provide a booking platform to facilitate such activities and in no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the Services contained herein. In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party through the Run Run Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. [However, we will attempt to refund any amount paid by the User, at our sole discretion, and our liability in this regard, if any, will be limited to just the amount paid by the User with respect to the said booking on the Run Run Platform.] Nothing in these disclaimers limits the liability of Run Run Portal in respect of:
- (a) Death or personal injury caused by the negligence of or its agents or employees; or
- (b) Fraud or fraudulent misrepresentation by its agents or employees; or
- (c) Any matter which it would be illegal or unlawful for it to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Nothing in these Terms of Use constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter, you should consult an appropriate professional.
Limitation of Liability.
In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the Services; (c) unauthorized access to or alteration of the User's transmissions or data; (d) any other matter relating to the Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Run Run Platform. Neither shall the Company be responsible for the delay or inability to use the Run Run Platform or related services, the provision of or failure to provide the Services, or for any information, software, products, the Services and related graphics obtained through the Run Run Platform, or otherwise arising out of the use of the Run Run Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Run Run Platform during periodic maintenance operations or any unplanned suspension of access to the Run Run Platform that may occur due to technical reasons or for any reason beyond the Company's control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Run Run Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. The maximum liability on part of the Company arising under any circumstances, in respect of any Services offered on the Run Run Platform, shall be limited to the refund of total amount received from the User for availing the Services less any cancellation, refund or other charges, as may be applicable. In no case the liability shall include any consequential loss, damage, or additional expenses whatsoever.
VIII. BREACH OF TERMS
You hereby acknowledge and agree that the Company, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel/terminate your access to or participation in the use of the Run Run Platform (or any part thereof), or remove and discard any content on the Run Run Platform (“Termination”), immediately and without notice, for any reason, including without limitation, if the Company believes or has reason to believe that you have violated any provision of the Terms of Use. You hereby indemnify and undertake to keep the Company indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute) incurred or suffered by it, that arise out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
Effect of Termination.
Upon Termination of your Account, your right to participate in the Run Run Platform shall automatically terminate. You acknowledge and agree that your right to receive any Services hereunder is conditional upon your proper use of the Run Run Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Run Run Platform. Notwithstanding the foregoing, residual data may remain in the Company’s system to the extent permitted by the applicable law. If you provided a valid email address during registration, the Company will notify you via email of any such Termination or cancellation, which shall be effective immediately upon the Company's transmission of such notice. Upon Termination, you shall promptly destroy all copies of the Company’s data and other content in your possession or control. You further acknowledge and agree that the Company shall not be liable to you or any third party for any termination of your access to the Run Run Platform. Upon Termination, the Company retains the right to use any data collected from your use of the Run Run Platform for internal analysis and archival purposes to the extent permitted by the applicable law. In no event is the Company obligated to return any submitted content to you. Clauses in the Terms of Use regarding Termination, intellectual property, dispute resolution, disclaimers, limitations of liability, indemnification, treatment of information, User Content, and third party content will survive expiration or termination of the Run Run Platform and/or your Account. You agree to indemnify and hold the Company and its officers, managers, other users, affiliates, successors, assignees, directors, agents, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of such Termination. We may, at any time at our sole discretion reinstate suspended/terminated accounts. A terminated user may not register or attempt to register with us or use the Run Run Platform in any manner whatsoever until such time that such user is reinstated by us.
IX. INTELLECTUAL PROPERTY
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Run Run Platform, and in the material published on it. You may print off one copy, and may download extracts, of any page(s), files, or other content from the Run Run Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Run Run Platform. You shall not redistribute any material from the Run Run Platform and where it has been specifically and expressly made evident by the Company that certain content is specifically made available for redistribution, it may be redistributed only within your organization, and as intended by the Company. [You must not republish material from the Run Run Platform on any other print or digital media platform, or display material on the Run Run Platform in public. You must also not republish or reproduce any material from the Run Run Platform through the use of iframes or screen scrapers.] You must not modify or edit any materials you have printed off or downloaded from the Run Run Platform, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use, reproduce, duplicate, copy, sell, sub-license or rent out any part of the materials on the Run Run Platform for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of the Run Run Platform in breach of these Terms of Use, your right to use the Run Run Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
X. TREATMENT OF USER CONTENT
We process User Content provided to us in accordance with our Privacy Policy available following this link [XXX].
XI. THIRD PARTY CONTENT
We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. You acknowledge that when you access a link that leaves the Run Run Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and/or from third-party sites to the Run Run Platform, although we are under no obligation to do so.
XII. SEVERABILITY
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
XIII. ASSIGNMENT
The Company may, at its sole discretion, at any time, assign or transfer or sub contract or purport to assign or transfer or subcontract its obligations under these Terms of Use to any other person or entity; however, you shall not assign or transfer or sub contract or purport to assign or transfer or subcontract your obligations under these Terms of Use to any other entity or person.
XIV. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use are governed by the laws of the United Arab Emirates, as applied in the Emirate of Dubai. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to the Run Run Platform or these Terms of Use, shall be subject to the jurisdiction of the courts of the Emirate of Dubai.
XV. CONTACT US
Please contact us for any questions or comments regarding the Terms of Use and other policies governing the Run Run Platform by e-mail at the following email address [XXX].
This document was last updated on [XXX].