Terms & Conditions
Please read these terms and conditions (the “Terms and Conditions”) carefully before using the Portal operated by Dubai Harbour Marinas LLC.
Your access to and use of the Portal is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access and/or use the Portal. If you do not agree with these Terms and Conditions, do not use the Portal.
By clicking “Agree” you confirm your understanding and acceptance of these Terms and Conditions and you agree to be bound by these Terms and Conditions.
1. Definitions and Interpretation1.1 In these Terms and Conditions, the following words and phrases shall have the following respective meanings unless the context requires otherwise:
1.1.1 "Affiliate" means, with respect to any person or entity, any person and/or entity controlling, controlled by or under common control, directly or indirectly, with such first person or entity; 1.1.2 “Agreement” means these terms and conditions together with the Member registration for the Portal;
1.1.3 “Company” means Dubai Harbour Marinas LLC, with commercial license number 836488, whose registered address is P.O. Box 123311; 1.1.4 “Member” means the individual, corporation or other entity who has successfully enrolled on the Portal;
1.1.5 “Portal” means the marina services portal offered to Members in terms of which they qualify for the Services; and 1.1.6 “Services” means any services provided by the Company to the Member under the Terms and Conditions.
1.2.1 words denoting the singular shall include the plural and vice versa; 1.2.2 words denoting one gender shall include all genders; and
1.2.3 the headings of clauses are intended for convenience only and shall not affect the interpretation of the Terms and Conditions.
2.1 The registration process on the Portal must be complied with in order to enroll as a member of the Portal.
3.1 The use of the Portal shall be at the Member’s own initiative and risk.
3.2 The Company;
3.2.1 provides access to the Services; and 3.2.2 makes no representation, gives no warranty of any kind, express or implied, regarding the suitability of any Services to the Member’s needs
3.3 Membership is personal to the Member and cannot be transferred or assigned to any third party. The Company may transfer or assign its rights and novate or delegate its obligations under these Terms and Conditions at any time and to any party. 3.4 Membership of the Portal will be at the Company’s sole discretion.
3.5 The Company may require a Member to provide proof of identity to create the Member’s account, or to access or use the Portal, and the Member acknowledges and agrees that the Member may be denied access or use of the Portal and/or the Services if the Member refuses to provide such proof. 3.6 The Portal is not available to any Member previously removed by the Company acting in its sole discretion.
3.7 The Member accepts that by participating in the Portal the Company will be sending to the Member various marketing communications and updates pertaining to the Services at its sole discretion. 3.8 Notwithstanding clause 3.7, should the Member not wish to receive these communications or updates, the Member must inform the Company through the Portal and the Company shall then refrain from sending them.
3.9 The Member hereby warrants that the Member has the required legal capacity to enter into and be bound by this Agreement. 3.10 The Member shall inform the Company of any changes in the Member’s personal details.
3.11 The Member agrees to act in good faith. 3.12 Membership shall continue unless otherwise cancelled or terminated by the Member or the Company in accordance with these Terms and Conditions.
4.1 The Company will provide the Services to the Member on condition that the Member agrees not to engage in any of the following prohibited activities;
4.1.1 performing criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking, as determined in the sole and absolute discretion of the Company; 4.1.2 attempting to interfere with, comprise the system integrity or security or decipher any transmissions to or from the servers running the Portal;
4.1.3 taking any action that imposes, or may impose at the Company’s sole discretion an unreasonable or disproportionately large load on the Portal’s infrastructure, e.g. uploading invalid data, viruses, worms, or other software agents through the Portal; 4.1.4 collecting or harvesting any personally identifiable information, including account names, from the Portal;
4.1.5 using the Portal for any commercial solicitation purposes; 4.1.6 impersonating another person or otherwise misrepresenting the Member’s affiliation with a person or entity, conducting fraud, hiding or attempting to hide the Member’s identity;
4.1.7 interfering with the proper working of the Portal; 4.1.8 accessing any content on the Portal through any technology or means other than those provided or authorized by the Portal; and
4.1.9 bypassing the measures the Company may use to prevent or restrict access to the Portal, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Portal or the content therein. 4.2 Acting in its sole and absolute discretion, the Company reserves the right, without liability hereunder, at any time and from time to time, without notice, to;
4.2.1 refuse to provide any Service requested; and/or 4.2.2 withdraw the continuation of any Service; provided that the Company informs the Member of any refusal or withdrawal as soon as reasonably practicable; and/or
4.2.3 change the Portal; and/or 4.2.4 stop providing the Portal or features of the Portal to the Members; and/or
4.2.5 create usage limits for the Portal. 4.3 4.3 Unless otherwise notified by the Company to the Member, the Company’s normal business hours are 8:00AM to 4:00PM (“Normal Business Hours”). The Company shall provide the Services during Normal Business Hours. The Company may be available to provide Services to Members outside these hours, which shall be in the Company’s sole discretion. Normal Business Hours may be lengthened or shortened in the absolute discretion of the Company. Members will be notified of any changes to the Normal Business Hours in writing no later than thirty (30) days prior to the intended implementation of the change.
5.1 The Member agrees to make payments for the Services through the payment method on the Portal. Members acknowledge, warrant and agree that the Company shall have no liability in respect of or be responsible in any way for any unauthorized payments made on the Member’s account.
5.2 Unless otherwise agreed by the Company in writing, all payments made on the Portal shall be non-refundable and non-creditable.
6.1 The Company reserves the right, in its sole and absolute discretion, to terminate this Agreement at any time with immediate effect.
6.2 The Company shall have the right to deregister the Member from the Portal immediately in the event of abuse of the Portal. 6.3 The Company reserves the right to change the criteria for deregistration at any time in its sole discretion.
6.4 The Company may permanently or temporarily terminate or suspend the Member’s access to the Portal without notice and liability for any reason, including if in the Company’s sole determination, the Member violates any provision of this Agreement. Upon termination, the Member continues to be bound by this Agreement.
7.1 The Portal allows the Member to post, link, store, share and otherwise make available certain information, text, graphics, videos or other material (“Content”). The Member is responsible for the Content that the Member posts to the Portal, including its legality, reliability and appropriateness.
7.2 By posting Content to the Portal, the Member grants the Company the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Portal. The Member retains any and all rights to any Content the Member submits, posts or displays on or through the Portal and the Member is responsible for protecting those rights. 7.3 The Member represents and warrants that;
7.3.1 the Member owns the Content or has the right to use it and grants the Company the rights and license as provided in this Agreement; and 7.3.2 the posting of the Content on or through the Portal does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
8.1 When the Member creates an account on the Portal, the Member must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the Member’s account in the Company’s sole discretion.
8.2 The Member is responsible for safeguarding the password that the Member uses to access the Portal and for any activities or actions under the Member’s password. 8.3 The Member agrees not to disclose the Member’s password to any third party. The Member must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of the Member’s account.
8.4 The Member may not use as a username the name of another person or entity or that is not lawfully available to use, a name of trademark that is subject to any rights of another person or entity other than the Member without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
9. Intellectual Property
9.1 The Portal and its original content (excluding Content provided by Members), features and functionality are and shall remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws applicable in the Emirate of Dubai. The Company’s trademark and trade dress may not be used without the prior written consent of the Company.
10. Links to Other Web Sites10.1 The Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
10.2 The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The Member acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
11. Liability11.1 The Company shall exercise reasonable care and skill in providing the Services.
11.2 Except as otherwise provided in clause 11.1, the Company does not provide any recommendations or representations or offer any warranties (express or implied), including, but not limited as to, the quality, merchantability or fitness for a particular purpose or otherwise of the standard of Services supplied.
11.3 On occasions, the Company may be asked to make recommendations to Members. However, the Company makes no warranties or representations (express or implied) as to such recommendations and specifically, without limiting the foregoing, does not warrant that such recommendations are or will be accurate or that they will be to the Member’s satisfaction. Members must make and rely on their own enquiries in relation to such recommendations. The Company accepts no liability for any Services provided to a Member in the course of acting upon such a recommendation and the Member hereby waives any claim or right to assert a claim against the Company with respect thereto.
11.4 To the fullest extent permitted by applicable law, the Member shall defend, indemnify and hold harmless the Company and its Affiliates and each of their respective officers, directors, employees, agents, successors and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses of whatever kind including reasonable legal fees and the cost of enforcing this indemnity (“Claims”) arising out of or resulting from: (a) bodily injury; (b) death of any person; or (c) damage to real or tangible, personal property, in each case to the extent such Claims arise out of or relate to this Agreement, the Portal, the Services, the Member and/or the Member’s property; provided, however, that no such indemnification by the Member shall apply in the event such Claims arise out of the Company’s gross negligence, willful misconduct, or material breach of the Company's material obligations under this Agreement.
11.5 The Company will not have any liability to the Member for any Claim to the extent that such Claim arises out of, is in connection with the Company’s Services, or can be characterized as a Claim for (or arising from);
11.5.1 loss of revenue or profits;
11.5.2 loss of business opportunity or loss of contracts;
11.5.3 loss of goodwill or injury to reputation;
11.5.4 indirect, incidental, consequential, exemplary or special loss or damage; or
11.5.5 anticipated savings.
11.6 The Company shall not be liable to the Member and will not be deemed to be in breach of these Terms and Conditions for any delay in performing, or failure to perform, the Services.
11.7 The Company shall have no liability to the Member under or in connection with this Agreement for any reason, including, without limitation, for any breach of this Agreement by the Company.
12.1 These Terms and Conditions are governed by the laws applicable in the Emirate of Dubai and is subject to the exclusive jurisdiction of the Courts of Dubai.
12.2 The Company may vary the Terms and Conditions from time to time and the revised terms will be updated on the Portal. A Member’s continuing request for Services will indicate such Member’s acceptance of the revised Terms and Conditions. If a Member does not agree to the new terms, the Member must stop using the Portal. 12.3 If any provision (or part of any provision) of these Terms and Conditions is found to be unenforceable, the remaining provisions shall be unimpaired and the unenforceable provision or part-provision shall be reformed without further action by the parties and only to the extent necessary to make such provision valid and enforceable and to achieve the like fundamental benefits, effect and economic intent of such provision.
12.4 Except as expressly agreed otherwise by the Member and the Company in writing, the Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all agreements or understandings, whether written or oral, between the parties with respect to such subject matter. Except as expressly agreed otherwise by the Member and the Company in writing, no other right exists between the parties and none shall be implied from conduct or otherwise.
12.5 Any provision of these Terms and Conditions which, by its nature, would survive termination or expiration of this Agreement will survive any such termination or expiration of this Agreement, including, but not limited to clause 11 and this clause 12. 12.6 All notices required or permitted under these Terms and Conditions shall be made in writing and, if to the Member, at the address specified on the Portal; if to the Company, at its principal office or to such other location that the Company may indicate in writing from time to time.
12.7 Except as otherwise provided in Clause 12.2, the Company shall not be bound by any amendment, supplement, cancellation or discharge of the Terms and Conditions except if the same is in writing and issued by the Company.
12.8 All waivers of any of the Terms and Conditions by the Company or the Member must be in writing. Any delay or failure by the Company or the Member to exercise a right or privilege under the Terms and Conditions, or a partial or single exercise of that right or privilege shall not constitute a waiver of that or any other right or privilege.
12.9 In the event that, pursuant to this Agreement, personal and/or sensitive personal data (as defined in the EU General Data Protection Regulation 2016/679 (the “GDPR”)) of any individual (the “Individual Data”) is provided by the Company to the Member or the Member otherwise comes into possession of Individual Data, the Member shall not, by act or omission, i) breach its obligations under the GDPR and/or ii) cause the Company to breach its obligations under the GDPR, whether such breach is in relation to the Individual Data or otherwise.
12.10 If a Member has any questions about these Terms and Conditions, please contact firstname.lastname@example.org.