Terms & Conditions
Acceptance of Terms and Conditions (the “Terms and Conditions”)
Please read these Terms and Conditions carefully. These are the Terms and Conditions governing your access and use of this web site, located at [www.kitebeach.ae]) (“the Website”). NOTE: IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE/VIEW THE WEBSITE.
By continuing to use the Website and/or any of the services on the Website, you agree to be bound by these Terms and Conditions. By using and/or viewing the Website, you agree to be bound by these Terms and Conditions.
All intellectual property rights, including but not limited to, all trademarks, copyright and database rights, in the content and materials included throughout the Website, including but not limited to, graphics, text, images, software, digital downloads and audio clips, are the sole property of [Meraas JBR LLC] (“Meraas”) and/or its affiliates and are protected to the fullest extent by applicable trademark, copyright and database laws, and all such rights are reserved.
Use of Information and Materials
The information and materials contained on the Website, and the terms, conditions, and descriptions that appear, are subject to change. Not all products and services described therein shall be available at all times or in all areas. Your eligibility for particular products and services is subject to the final determination and acceptance by us, and any agreement with us, shall be subject only to a written agreement evidencing such agreement.
The Website is for personal use and you agree not to modify, copy, distribute, reproduce, transfer or sell any information, material, software, products or services contained on the Website (unless you have entered into a separate written agreement with us in relation thereto).
Links to Third Party Websites
The Website may contain hyperlinks to websites operated by third parties. We are not responsible for the content of these websites, and inclusion of such hyperlinks on the Website, are solely for your convenience, and in no way constitutes endorsement of the content of such third party websites. The content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by us.
These Terms and Conditions are subject to change and can be modified at any time without notice. Your continued use of the Website following the posting of changes to these Terms and Conditions further signifies that you accept such changes.
We reserve the right to disclose your personally identifiable information when we believe that disclosure is necessary to enforce or apply our Terms and Conditions, protect our rights at law and/or to comply with any judicial proceeding, court order, or legal process served on our Website, or as required by law.
Governing Law and Jurisdiction
By accessing the Website and obtaining the facilities, products or services offered through the Website, you agree that the laws of the Emirate of Dubai and the applicable Federal laws of the United Arab Emirates (UAE), shall govern such access and the provision of such facilities, products and services; and these Terms and Conditions. You further agree to submit to the exclusive jurisdiction of the courts of the Emirate of Dubai, UAE in relation to any dispute arising from, or in relation to, these Terms and Conditions or the Website.
No Warranty Given
Whilst every effort has been made to ensure that the information published on the Website is correct and reasonably up to date, the information has been provided on an “as is” and “as available” basis and your access to, reliance on and use of the Website is at your own risk. As such, we do not warrant the accuracy, validity, currency, adequacy or completeness of the information and materials, and expressly disclaim liability for any errors, mistakes or omissions that may appear on the Website and/or any page therein. No warranties of any kind, implied, express or statutory, including but not limited to, the warranties of non-infringement of third party rights, title, reliability, merchantability, fitness for a particular purpose and freedom from computer virus, are given in conjunction with the information and materials.
Exclusion of Liability
In no event will we be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with, or in any way related to, the Website or use thereof or inability to use by any party, or reliance on the contents of the Website, or in connection with any failure of performance, error, omission, interruption, defect, delay or failure in operation or transmission, computer virus or line or system failure, even if we, or our representatives, are advised of the possibility of such damages, losses or expenses.
As a user of the Website, you agree to indemnify us from and against all liabilities, costs, expenses and damages that arise or may arise out of, or in relation to, (i) any claim resulting from the use of this Website; or (ii) use of this Website whatsoever.
Limitations on Use
As a user of this Website, you agree to not abuse the Website in anyway. This shall include, but is not limited to, defamatory, threatening or abusive conduct that violates another person’s rights at law; violation of any intellectual property, trademark and database laws; harming or interfering with the operation of another person’s hardware and/or software by uploading, transmitting or downloading computer viruses or any corrupt files; transmitting or otherwise disclosing trade secrets or any other confidential material or information; or directing any bots, spiders, crawlers, avatars or any other automated process that may debilitate the Website, our software, network or infrastructure.
We disclaim in full any liability in relation to your financial information and you hereby agree that we shall have no liability to you in respect of any financial information or data that you may transmit to us.
Submission of Information