1.1
INTRODUCTION AND OUR ROLE
1.2
Zaeem Solutions and Trading FZE (“The Company”), is a company
registered in UAE under company number RAKIA51FZ3061125629 and with our
registered office at PO Box 29755 Dubai UAE
1.3
G-TRACKIT provides a way for you to monitor your assets.
1.4
Customer care is extremely important to G-TRACKIT, therefore, if
you are dissatisfied with the quality of food ordered through this Website/Mobile
App, subject to paragraph 3.3 below, G-TRACKIT will assist you in addressing
your concerns as per the agreed SLAs
1.5
You may access some areas of this Website/Mobile App and
application without having any assets and registering your details with us.
Most areas of this Website/Mobile App are open to everyone.
1.6
By accessing any part of this Website/Mobile App, you indicate
that you accept these Website/Mobile App Terms. If you do not accept these Website/Mobile
App Terms, you must leave this Website/Mobile App immediately.
1.7
G-TRACKIT may revise these Website/Mobile App Terms at any time.
You should check this Website/Mobile App regularly to review the current Website/Mobile
App Terms, because they are binding on you. You will be subject to the policies
and terms and conditions in force at the time that you order products from us.
1.8
You are responsible for making all arrangements necessary for you
to have access to the Website/Mobile App. You are also responsible for ensuring
that all persons who access the Website/Mobile App through your Internet
connection are aware of these Website/Mobile App Terms and that they comply
with them.
2
LICENCE
2.1
You are permitted to print and download extracts from this Website/Mobile
App for your own personal use on the following basis:
2.2
Unless otherwise stated, the copyright and other intellectual
property rights in this Website/Mobile App and in material published on it
(including without limitation photographs and graphical images) are owned G-TRACKIT
or G-TRACKIT's licensors. These works are protected by copyright laws and
treaties around the world and all rights are reserved. For the purposes of
these Website/Mobile App Terms, any use of extracts from this Website/Mobile
App other than in accordance with paragraph 3.1 is prohibited.
2.3
You must not modify the digital or paper copies of any materials
that you print off in accordance with paragraph 3.1 and you must not use any
pictures, photographs or any other graphics, video or audio sequences
separately from any accompanying text.
2.4
You must ensure that G-TRACKIT's status as the authors of the
material on this Website/Mobile App must always be acknowledged.
2.5
You are not allowed to use any of the materials on this Website/Mobile
App or the Website/Mobile App itself for commercial purposes without obtaining
a licence from G-TRACKIT to do so.
2.6
Except as stated in paragraph 3.1, no part of this Website/Mobile
App may be reproduced or stored in any other Website/Mobile App or included in
any public or private electronic retrieval system or service without our prior
written permission.
2.7
Any rights not expressly granted in these Website/Mobile App Terms
are reserved.
3
SERVICE ACCESS
3.1
While G-TRACKIT tries to ensure this Website/Mobile App is
normally available twenty four (24) hours a day, G-TRACKIT will not be liable
if this Website/Mobile App is unavailable at any time or for any period.
3.2
Access to this Website/Mobile App may be suspended temporarily and
without notice.
3.3
Unfortunately, the transmission of information via the internet is
not completely secure. Although we will take steps to protect your information,
we cannot guarantee the security of your data transmitted to the Website/Mobile
App; any transmission is at your own risk.
4
VISITOR MATERIAL AND CONDUCT
4.1
Other than personally identifiable information, which is covered
under the G-TRACKIT Privacy Policy, any material you transmit or post to this Website/Mobile
App will be considered non-confidential and non-proprietary. G-TRACKIT will
have no obligations with respect to such material. G-TRACKIT and anyone we
designate will be free to copy, disclose, distribute, incorporate and otherwise
use that material and all data, images, sounds, text and other things embodied
in it for any and all commercial or non-commercial purposes.
4.2
You are prohibited from posting, uploading or transmitting to or
from this Website/Mobile App any material that: breaches any applicable local,
national or international law; is unlawful or fraudulent; amounts to
unauthorised advertising; or contains viruses or any other harmful programs.
You may not misuse the Website/Mobile App (including by hacking).
4.3
Any comments or feedback that you submit through the Website/Mobile
App must not: contain any defamatory, obscene or offensive material; promote
violence or discrimination; infringe the intellectual property rights of
another person; breach any legal duty owed to a third party (such as a duty of
confidence); promote illegal activity or invade another's privacy; give the
impression that they originate from us; or be used to impersonate another
person or to misrepresent your affiliation with another person.
4.4
The prohibited acts listed in paragraphs 6.2 to 6.4 above are
non-exhaustive. You will pay G-TRACKIT for all costs and damages which it
incurs as a result of you breaching any of these restrictions.
4.5
G-TRACKIT will fully co-operate with any law enforcement
authorities or court order requesting or directing us to disclose the identity
or location of anyone posting any material in breach of section 4
5
DISCLAIMER
5.1
While G-TRACKIT tries to ensure that information on this Website/Mobile
App is correct, we do not promise it is accurate or complete. G-TRACKIT may
make changes to the material on this Website/Mobile App, or to the services and
prices described in it, at any time without notice. The material on this Website/Mobile
App may be out of date, and G-TRACKIT makes no commitment to update that
material. In particular, we do not promise that the information provided by the
Delivery Restaurants and displayed on this Website/Mobile App such as the
menus, pricing and estimated times for deliveries and collections is correct or
up to date.
5.2
G-TRACKIT provides you with access to this Website/Mobile App and
our services on the basis that, to the maximum extent permitted by law, we
exclude all representations, warranties, conditions and other terms (including
any conditions implied by law which but for these Website/Mobile App Terms
might apply in relation to this Website/Mobile App and the services that we
provide).
5.3
You are responsible for the security of your password that you
used to register with this Website/Mobile App. Unless G-TRACKIT negligently
discloses your password to a third party, G-TRACKIT will not be liable for any
unauthorised transaction entered into using your name and password.
6
TERMINATION
6.1
G-TRACKIT may terminate or suspend (at our absolute discretion)
your right to use this Website/Mobile App and your use of the services
immediately by notifying you in writing (including by email) if:
6.2
G-TRACKIT believes you have posted material in breach of
paragraphs 6.2, 6.3 or 6.4 (Visitor Material and Conduct);
6.3
G-TRACKIT believes that you have breached paragraphs 7.2, 7.3 or
7.4 (Links to and from other Website/Mobile Apps); or
6.4
If you breach any other material terms of these Website/Mobile App
Terms.
6.5
Upon termination or suspension, you must immediately destroy any
downloaded or printed extracts from this Website/Mobile App.
7
LIABILITY
7.1
Zaeem, and any of our group companies and the officers, directors,
employees, shareholders or agents of any of them, exclude all liability and
responsibility for any amount or kind of loss or damage that may result to you
or a third party (including any direct, indirect, punitive or consequential
loss or damages, or any loss of income, profits, goodwill, data, contracts, or
loss or damages arising from or connected in any way to business interruption,
loss of opportunity, loss of anticipated savings, wasted management or office
time and whether in tort (including negligence), contract or otherwise, even if
foreseeable) in connection with our services, this Website/Mobile App or in
connection with the use, inability to use or the results of use of this Website/Mobile
App, any Website/Mobile Apps linked to this Website/Mobile App or the material
on these Website/Mobile Apps.
7.2
Zaeem takes full responsibility for the content of this Website/Mobile
App. G-TRACKIT's customer care team will, subject to your compliance with these
Website/Mobile App Terms and cooperation, use all reasonable endeavours to
resolve any issues arising from the Website/Mobile App including the processing
of all credit or debit card refunds and chargebacks where appropriate. Please
note that for legal contract for the supply and purchase of GPS devices, Zaeem gives
reasonable assurance through this Website/Mobile App will be of satisfactory
quality.
7.3
Nothing in these Website/Mobile App Terms excludes or limits our
liability for death or personal injury arising from G-TRACKIT's negligence, nor
G-TRACKIT's liability for fraudulent misrepresentation, nor any other liability
which cannot be excluded or limited under applicable law. Nothing in these Website/Mobile
App Terms affects your statutory rights.
7.4
If your use of material on this Website/Mobile App results in the
need for servicing, repair or correction of equipment, software or data, you
assume all associated costs.
8
GOVERNING LAW AND JURISDICTION
8.1
These Website/Mobile App Terms shall be governed by and construed
in accordance with UAE law. Disputes arising in connection with these Website/Mobile
App Terms (including non-contractual disputes) shall be subject to the
exclusive jurisdiction of the courts of Dubai (UAE).
9
ADDITIONAL TERMS
9.1
We are committed to protecting your privacy and security. All
personal data that we collect from you will be processed in accordance with our
Privacy Policy. You should review our Privacy Policy, which is incorporated
into these Website/Mobile App terms by this reference and is available.
9.2
If any provision or part of a provision of these Website/Mobile
App Terms is found by any court or authority of competent jurisdiction to be
unlawful, otherwise invalid or unenforceable, such provisions or part
provisions will be struck out of these Website/Mobile App Terms and the
remainder of these Website/Mobile App Terms will apply as if the offending
provision or part provision had never been agreed.
9.3
Any failure or delay by you or us in enforcing (in whole or in
part) any provision of these Website/Mobile App Terms will not be interpreted
as a waiver of your or our rights or remedies.
9.4
The headings in these Website/Mobile App Terms are included for
convenience only and shall not affect their interpretation.
10 WRITTEN COMMUNICATIONS
10.1
Applicable laws require that some of the information or
communications we send to you should be in writing. When using the Website/Mobile
App, you accept that communication with us will be mainly electronic. We will
contact you by email or provide you with information by posting notices on our Website/Mobile
App. For contractual purposes, you agree to this electronic means of
communication and you acknowledge that all contracts, notices, information and
other communications that we provide to you electronically comply with any
legal requirement that such communications be in writing. This condition does
not affect your statutory rights.
11 EVENTS OUTSIDE OUR CONTROL
11.1
We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under a contract that is
caused by events outside our reasonable control (Force Majeure Event).
11.2
A Force Majeure Event includes any act, event, non-happening,
omission or accident beyond our reasonable control and includes in particular
(without limitation) the following:
11.3
strikes, lock-outs or other industrial action;
11.4
civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for
war;
11.5
fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster;
11.6
impossibility of the use of public or private telecommunications
networks; and
11.7
The acts, decrees, legislation, regulations or restrictions of any
government.
11.8
Our performance under any contract is deemed to be suspended for
the period that the Force Majeure Event continues, and we will have an
extension of time for performance for the duration of that period. We will use
our reasonable endeavours to bring the Force Majeure Event to a close or to
find a solution by which our obligations under the contract may be performed
despite the Force Majeure Event.
12 SEVERABILITY
12.1
If any of these terms and conditions are determined by any
competent authority to be invalid, unlawful or unenforceable to any extent,
such term, condition or provision will to that extent be severed from the
remaining terms, conditions and provisions which will continue to be valid to
the fullest extent permitted by law.
13 ENTIRE AGREEMENT
13.1
These terms and conditions and any document expressly referred to
in them constitute the whole agreement between us and supersede all previous
discussions, correspondence, negotiations, previous arrangement, understanding
or agreement between us relating to the subject matter of any contract.