1. General Terms and Conditions
1.1. The Website is supported by BIDFORMANCE FZCO, incorporated and registered in Dubai, license number 45692 with registered office is at Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates (hereinafter “Company” or “we”). Under these Terms and Conditions, we shall provide you with access to the Website, and you shall use it in strict compliance with the terms and conditions described below.
1.2. You are reading the Terms and Conditions (hereinafter the “Terms”) that shall govern the relations between you and us and set out the terms and conditions upon which you may access and use the Website (hereinafter jointly the “Services”). For the purposes of these Terms, the words “you”, “your” and the “User” shall mean you as a user of the services. If you access or use the services on behalf of a company, (a) “you” and “your” shall mean a company, (b) you warrant that you are an authorized representative of the company or a person authorized by the company to accept these Terms and to consent to these terms and conditions on its behalf, and (c) your business or the company is legally and financially liable for accessing or using our services. By using this Website,shall be deemed as the acceptance of our offer (these Terms) and the entry into the contract that shall entail your obligation to comply with the terms of the Agreement. By accessing the Website, you acknowledge that you have read and agree with the Privacy Policy.
1.3. These Terms, Privacy Policy and any other applicable agreements and terms and conditions incorporated in these Terms by way of reference can be found on the Website directly. You may print or save local copies of the Terms and Privacy Policy.
1.5. If you fail to comply with these Terms, you shall not use our Website.
1.6. From time to time, we make amendments to these Terms, the Privacy Policy and any other legally binding documents, for example, when we update and expand the functionality of our Website or when there is a change in the legislation. We will use reasonable efforts to notify all Users of any material changes to these Terms and other documents within a reasonable timeframe, for example, by means of a notice on our Website. However, you should regularly review the terms and conditions in order to check for such changes. Your continued access to or use of the Services after the date of the new terms and conditions shall constitute your acceptance of them. If you do not agree to a new version of the Agreement or other terms and conditions or rules, you must stop using our Services/Website.
2. Granting License Rights to the Website
2.1. We respect intellectual property rights and ask you to do the same. Your access to and use of the Services shall be conditional upon your consent not to use the Services for the purpose of infringing any intellectual property rights.
3. Warranties and Liability
3.1. Your Warranties and Liability
3.1.1. You warrant that you have all powers and capacity required to enter into these Terms and other rules, terms and conditions and shall be liable for assessing the accuracy, completeness and fitness of all opinions, estimates, services and other information, quality and functions of the goods provided through the Website.
3.1.2. You may not transfer your rights or obligations under these Terms without our consent.
3.1.4. To the extent permitted by law, in case of any dispute that results from your use of our Services between you and any third parties, for example, including, but not limited to, any communications provider, copyright holder or other Users, that arises directly between you and such third parties, you shall irrevocably hold harmless and indemnify us and our partners against any complaints, claims and damages (actual and subsequent) of any kind and nature, whether or not known, arising in any way and related to such disputes.
3.2. Our warranties and liability
3.2.1. We shall have the right to assign our rights and obligations to other persons. For example, this may occur in the event of a change of ownership (due to merger, acquisition or sale of assets) or by virtue of law.
3.2.2. The Website shall be provided “as is”, we make no warranties that:
- The Website will operate continuously and will be free from technical errors;
- The Website will meet all your expectations or requirements.
3.2.3. In the event of troubles with our Website, we are unable to forecast all of their implications. You agree that we will not be liable for any lost profits or income, lost information or data or for any indirect, punitive or incidental damages arising out of or in connection with these Terms, even if we were aware that such damages could be incurred. Any other losses will be limited to the amount you paid to Us during the past 12 months.
4. Special Conditions
4.1. Applicable Law and Jurisdiction. These Terms, its subject matter and content shall be governed by English common law. All disputes between the parties to these Terms shall be resolved through correspondence and negotiations in the course of compulsory pre-court dispute settlement procedure (pre-action protocols).
4.2. Entire Agreement. These Terms (including all rules, terms and conditions) shall constitute the entire legal agreement between you and Us, govern your use of the Services and supersede in full any prior agreements between you and Us in relation to our Services.
4.3. Waiver. Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or right.
4.4. Partial Invalidity. If a court having jurisdiction to rule on this matter determines that any provision of these Terms is invalid, such provision will be deleted from the Agreement without affecting the remaining part of these Terms and other provisions will remain valid and enforceable.
5. Communication Any notices may be sent to e-mail: hello@bidformance.com