1. Introduction
- 1.1 This website (the Website) is owned and operated by Majid Al Futtaim Properties (which term includes its subsidiaries and assigns) (hereinafter collectively referred to as MAFP).
- 1.2 These terms and conditions of use of the Website as amended from time to time by MAFP solely (Terms of Use) shall govern your use of the Website
- 1.3 The Website is meant for the use of the current and potential tenants of MAFPs shopping malls (the Partners) as well as MAFPs authorized staff (the MAFP Authorized Personnel) only for the purpose of facilitating the tenancy relation between MAFP and the Partners (the Permitted Use).
- 1.4 By using our Website, you accept these Terms of Use in full.
2. Intellectual Property Rights.
- 2.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, ~/images, video and audio, and the design, selection and arrangement thereof), are owned by MAFP, its licensors and/or other providers of such material and are protected by the United Arab Emirates and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights lawsTerms of Use.
- 2.2 You shall not use any of MAFPs trademarks, names, logos, products and service names, designs and slogans without the prior express consent of MAFP.
3. License to use the Website
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3.1 You may:
- view pages from our Website in a web browser;
- download pages from our Website for caching in a web browser;
- print pages from our Website;
- 3.2 Except as expressly permitted by Section 3.1 or the other provisions of these Terms of Use, you must not download any material from our Website or save any such material to your computer.
- 3.3 You may only use our Website for the Permitted Use only, and you must not use our Website for any other purposes.
- 3.4 Except as expressly permitted by these Terms of Use; you must not edit or otherwise modify any material on our Website.
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3.5 Unless you own or control the relevant rights in the material, you must not:
- republish material from our website (including republication on another website/s);
- sell, rent or sub-license material from our Website;
- show any material from our Website in public;
- exploit material from our Website for a commercial purpose; or
- redistribute material from our Website.
- 3.6 We reserve the right to restrict access to areas of our Website, or indeed the whole Website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
4. Prohibited Use
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4.1 You must not:
- use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
- use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;
- [access or otherwise interact with our Website using any robot, spider or other automated means;
- use data collected from our Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
- use the Website in any way that violates any applicable federal, local or international law or regulation, including without limitation, any form of misuse of credit cards or other forms of electronic payments.
- 4.2 You must not use data collected from our Website to contact individuals, companies or other persons or entities.
- 4.3 You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading.
5. Registration and Accounts
- 5.1 To be eligible for a user account on our Website under this Section 5, you must be a nominated employee of the Partners or a MAFP Authorized Personnel.
- 5.2 You may register for an account with our Website by completing and submitting the account registration form on our Website and clicking on the verification link in the email that the Website will send to you.
- 5.3 You must not allow any other person to use your account to access the Website.
- 5.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
- 5.5 You must not use any other person's account to access the Website unless you have that person's express permission to do so.
6. User Login Details
- 6.1 MAF will provide the Partners with the login details.
- 6.2 Your user ID will be your work email address; you must not use your account or user ID for or in connection with the impersonation of any person.
- 6.3 You must keep your password confidential.
- 6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
- 6.5 You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
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7.1 MAFP may:
- suspend your account;
- cancel your account; and/or
- edit your account details,
at any time in our sole discretion without notice or explanation.
8. Your content: license
- 8.1 In these Terms of Use, "your content" means [all works and materials (including without limitation text, graphics, ~/images, audio material, video material, audio-visual material, scripts, software and files) that you submit to our Website for storage or publication on, processing by, or transmission via, our Website].
- 8.2 You may edit your content to the extent permitted using the editing functionality made available on our Website
9. Your content: rules
- 9.1 You warrant and represent that your content will comply with these Terms of Use.
- 9.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
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9.3 Your content, and the use of your content by MAFP in accordance with these Terms of Use, must not:
- belibellous or maliciously false;
- be obscene or indecent;
- infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
- infringe any right of confidence, right of privacy or right under data protection legislation;
- constitute negligent advice or contain any negligent statement;
- constitute an incitement to commit a crime[instructions for the commission of a crime or the promotion of criminal activity];
- be in contempt of any court, or in breach of any court order;
- be in breach of racial or religious hatred or discrimination legislation;
- be blasphemous;
- be in breach of official secrets legislation;
- be in breach of any contractual obligation owed to any person;
- be untrue, false, inaccurate or misleading];
- consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
- constitute spam;
- be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or
- cause annoyance, inconvenience or needless anxiety to any person.
10. Limited Warranties
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10.1 MAFP does not warrant or represent:
- the completeness or accuracy of the information published on our Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you;
- that the material on the Website is up to date; or
- that the Website or any service on the Website will remain available.
- that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data
10.2 We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms of Use, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these Terms of Use, our website and the use of our website.
11. Limitations and exclusions of liability
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11.1 Nothing in these Terms of Useshall:
- limit or exclude any liability for death or personal injury resulting from negligence;
- limit or exclude any liability for fraud or fraudulent misrepresentation;
- limit any liabilities in any way that is not permitted under applicable law; or
- exclude any liabilities that may not be excluded under applicable law.
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11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in these Terms of Use:
- are subject to Section 11.1; and
- govern all liabilities arising under these Terms of Use or relating to the subject matter of these Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms of Use.
- 11.3 MAFP shall not be liable to you in respect of any losses arising out of any event or events beyond its reasonable control.
- 11.4 MAFP shall not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
- 11.5 MAFP shall not be liable to you in respect of any loss or corruption of any data, database or software.
- 11.6 MAFP shall not be liable to you in respect of any special, indirect or consequential loss or damage.
- 11.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Website or these Terms of Use.
12. Breaches of these Terms of Use
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12.1 Without prejudice to MAFPs other rights under these Terms of Use, if you breach these Terms of Use in any way, or if MAFP suspects that you have breached these Terms of Use in any way, MAFP may:
- send you one or more formal warnings;
- temporarily suspend your access to our Website;
- permanently prohibit you from accessing our Website;
- block computers using your IP address from accessing our Website;
- initiatelegal action against you, whether for breach of contract or otherwise; and/or
- suspend or delete your account on our Website.
- 12.2 Where we suspend or prohibit or block your access to our Website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13. Variation
- 13.1 MAFP may revise these Terms of Use from time to time as it deems fit without any prior notice to you.
- 13.2 The revised Terms of Use shall apply to the use of our Website from the date of publication of the revised Terms of Use on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms of Use
- 13.3 MAFPmay ask for your express agreement to any revision of these Terms of Use; and if you do not give your express agreement to the revised Terms of Use within such period as MAFP may specify, MAFP will disable or delete your account on the Website, and you must stop using the Website.
14. Assignment
- 14.1 You hereby agree that MAFP may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use.
- 14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms of Use.
15. Severability
- 15.1 If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- 15.2 If any unlawful and/or unenforceable provision of these Terms of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third party rights
- 16.1 A contract under these Terms of Use is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- 16.2 The exercise of the parties' rights under a contract under these Terms of Use is not subject to the consent of any third party.
17. Entire agreement
- 17.1 these Terms of Use shall constitute the entire agreement between you and MAFP in relation to your use of our Website and shall supersede all previous agreements between you and MAFP in relation to your use of our Website.
18. Law and jurisdiction
- 18.1 These Terms of Use shall be governed by and construed in accordance with the federal laws of the United Arab Emirates
- 18.2 Any disputes relating to these Terms of Use shall be subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.