Terms of Service

YOURSERVICE
PLATFORM TERMS OF USE
Effective Date – 1 September 2024
These "YourService" platform Terms of Use (these "Terms of Use") tell you the rules for using computer software and databases available at https://www.yourservice.ae ("Website") and through any YourService mobile application available from time to time (collectively, the "Platform"), as well as any information, content or materials published on, or available via, the Platform (collectively, the "Content").
These Terms of Use govern and condition access to, and use of, the Platform and its Content by each visitor to this Platform ("you").
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PLATFORM OVERVIEW
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Platform allows service buyers, recruiters ("Employers") to search, conclude and manage transactions with service providers ("Specialists" and, together with employers, "Registered Users"). The Platform contains functions that allow professionals and employers to perform, among other things, the following:
Employers:Â Post Jobs, search for Specialists, communicate with Specialists, negotiate with Specialists, award Jobs to Specialists, manage Jobs, leave feedback for Specialists, and pay Specialists.
Specialists:Â Create profiles, advertise capabilities, submit Quotes, negotiate with Employers, obtain Job awards, invoice, obtain feedback from Employers, and receive payment from Employers.
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We also provide Registered Users with paid improvements and additional services described in these Terms of Use and subject to them (as further defined below, "Improvements"). We may add, remove or modify some or all of these Improvements at any time at our sole discretion with reasonable notice posted in advance on the Site.
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Materials posted on the Platform are not intended to amount to advice on which reliance should be placed. We are not responsible for the accuracy or informational correctness of material posted by Employers and Specialists. Also, we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Platform, or by anyone who may be informed of any of its contents.
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WHO WE ARE AND HOW TO CONTACT US
- The Platform is operated and owned by YOUR SERVICE - FZCO ("YourService", "we", "our", "us").
- YOUR SERVICE LLC - FZCO is a company established under the Dubai Silicon Oasis – Free Zone regulations, UAE.
- Our address is at DSO-IFZA Property FZCO Building A1, Dubai Digital Park, Dubai Silicon Oasis, Dubai, United Arab Emirates (UAE).
- To contact us about these Terms of Use or anything else relating to your use of this Platform, please email admin@yourservice.com or write to us via the feedback service on the Platform.
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BY USING THE PLATFORM, YOU ACCEPT THESE TERMS OF USE
- By accessing and continuing to use the Platform, you confirm that you accept these Terms of Use, and acknowledge and agree that these Terms of Use govern and condition your access to, and use of, the Platform and any Content.
- You understand that these Terms of Use constitute a legally binding agreement between you and YourService.
- If you are using the Platform as a business entity or on behalf of a business entity, you represent that you have the authority to legally bind that entity.
- If you do not agree to be bound by these Terms of Use, you may not access or use the Platform or any Content and should cease to do so immediately.
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WE MAY MAKE CHANGES TO THESE TERMS OF USE
- We may make changes to these Terms of Use from time to time, with or without notice to you. The new version of the Terms of Use becomes mandatory for users from the moment it is published on the Website.
- The new version of these Terms of Use will be made available on this page. If you are an existing Registered User, we may also notify you of any material update to these Terms of Use via email (for example, where we are legally required to do so).
- Every time you wish to use the Platform, please check these Terms of Use to ensure that you understand the terms and conditions that apply to the Platform and its Content at that time.
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WE MAY MAKE CHANGES TO THE PLATFORM
We may change the way the Platform operates and/or change any Content from time to time without notice to you. This could be, for example, to reflect changes to the features and functionalities of the Platform, the state of current technology, or market practice, applicable laws or regulations and/or our business priorities.
- WE MAY SUSPEND OR WITHDRAW THE PLATFORM
We do not guarantee that the Platform and/or any Content will always be available free of charge, or generally available. We may suspend or withdraw, or restrict the availability of, all or any part of the Platform for business and/or operational reasons.
- YOUR PRIVACY
Please refer to our Privacy Policy to understand how we collect, process and share your personal data in relation to your use of the Platform.
- ACCOUNT CREATION
- Account creation. Although you can browse the Platform as a guest, you will need to create an account (an "Account") in order to access certain features of the Platform. If you choose to register for an Account, you will have to provide certain information about yourself as prompted during the account registration process on the Platform.
- By creation Account you represent that you:
- are either a legal entity or an individual who is at least 18 years old (or the age of majority in your country if the age of majority is over 18), and that you can form legally binding contracts;
- comply with the Terms of Service and the processes, procedures and guidelines described on the Website; be financially responsible for your use of the Platform;
- are doing business under your own name as an individual entrepreneur or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity);
- will comply with any licensing, registration or other requirements with respect to your business, or the business for which you are acting.
- Accurate and up-to-date information. If you do create an Account, all the registration information you submit should be truthful and accurate. If, for any reason, any information you submit is or becomes untruthful, inaccurate and/or incomplete, you should update that information to maintain its accuracy.
- Account verification. When you register for an Account and periodically thereafter, your Account will be subject to verification, including but not limited to validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on the Platform. You authorize YourService, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your business, email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes providing official governmental or legal documents, and cooperating with other reasonable requests we make to verify your identity. During verification some Account features may be temporarily limited but will be restored if verification is successfully completed
- What to do if you want to delete your Account. You can request the deletion of your Account by email admin@yourservice.com or write to us via the feedback service on the Platform.
- You are responsible for your Account. You are responsible for maintaining the confidentiality of your Account log-in information (including your password). Accordingly, you are responsible for all activities that occur under your Account.
- Unauthorised use of your Account. You should notify us immediately if you suspect or become aware of any unauthorised use of your Account or any other breach of its security.
- Privacy. All information you provide to create an Account (including all information you provide to obtain “Verified” status) will be used in accordance with our Privacy Policy.
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YOUR RIGHT TO USE THE PLATFORM AND THE CONTENT
- Subject to your continued compliance with these Terms of Use, YourService grants you a personal, limited, non-transferable, non-exclusive, revocable right to use the Platform and the Content.
- You may print off one (1) copy, and may download extracts, of any page(s) from the Platform for your personal use and you may draw the attention of others to Content available on the Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the Content for commercial purposes without obtaining a licence to do so from us.
- YourService is the owner or the licensee of all rights (including intellectual property rights) in the Platform and any Content, including without limitation any designs, text, graphics and the selection and arrangement thereof. The Platform and the Content are protected by copyright laws and treaties around the world. All such rights are reserved.
- All trademarks, logos, trade dress, service names and service marks ("Marks") displayed on the Platform are our property or the property of certain other third-parties. You are not permitted to use these Marks without our prior written consent.
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RESTRICTED ACTIVITIES (ACCEPTABLE USE POLICY)
- With respect to your use of the Platform you agree that you will not:
- impersonate any person or entity
- stalk, threaten, or otherwise harass any person
- violate any law, statute, rule, permit, ordinance or regulation
- interfere with or disrupt Platform or the servers or networks connected to the Platform
- post information or interact on the Platform or with respect to Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal
- use the Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy
- post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Platform
- "frame" or "mirror" any part of the Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose
- modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or any software used on or for the Platform
- rent, lease, lend, sell, redistribute, license or sublicense the Platform or access to any portion of the Platform
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents
- link directly or indirectly to any other web sites
- transfer or sell your Account, password and/or identification to any other party
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation
- cause any third party to engage in the restricted activities above. In the event that you undertake in any of the above while participating in Paid service, a Specialist shall be permitted to refuse to provide you Services or, if such Services have commenced, a Specialist shall be permitted to refuse to continue to provide you Paid service.
- With respect to your use of the Platform and your participation in the Services, you agree that you will not:
- seek to gain access to restricted areas of any network;
- attempt to compromise the integrity of the Platform content or information without proper authorization;
- perform actions that may deny others access to our Platform, or may otherwise negatively affect Platform availability;
- access or try to access data that you know or ought to know is confidential.
- The restrictions specified in this section are hereinafter referred to as the "Acceptable Use Policy".
- For your information restricted activities in this section would not only contravene the Terms of Use but could in some circumstances also amount to a criminal offense under the laws of the UAE.
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UPLOADING CONTENT TO THE PLATFORM
- Any content you upload to the Platform will be considered non-confidential and non-proprietary.
- You retain all of your ownership rights in your content, but you are required to grant us and other users of the Platform a limited licence to use, store and copy that content and to distribute and make it available to third-parties. More specifically, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform that content in connection with the service provided on the Platform and to promote the Platform.
- You are solely responsible for securing and backing up your content.
- We have the right to disclose your identity to any third-party who claims that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights or of their right to privacy.
- We reserve the right to remove any content posted or uploaded by you to the Platform with or without notice if, in our sole opinion, it does not comply with these Terms of Use and Content Standards.
- Feedback. You may submit ideas, suggestions, or comments (“Feedback”) regarding the Platform and Content or YourService business, products or services. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and YourService may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether YourService considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.
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CONTENT STANDARDS
- These content standards (apply to any and all material which you contribute to the Platform (your "User Content"). These content standards must be complied with in spirit as well as to the letter. YourService will determine, in its sole opinion, whether any User Content is in breach of these content standards.
- Any User Content must:
- be accurate (where it states facts);
- contain opinions that are genuinely held (where relevant); and
- comply with the law applicable in any country from which it is posted and to which the Platform is targeted.
- Any User Content must not:
- be likely to deceive any person;
- contain illegal content, or promote any illegal content or activity;
- be defamatory of any person;
- be obscene, offensive, hateful or inflammatory;
- bully, insult, intimidate or humiliate any person;
- encourage, promote or provide instructions for deliberate self-harm;
- encourage or promote terrorism;
- promote sexually explicit material;
- include child sexual abuse material;
- incite violence or hatred against particular groups;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trademark of any other person;
- include video content not legally permitted in any country from which it is posted and to which the Platform is targeted;
- breach any legal duty owed to a third-party, such as a contractual duty or a duty of confidence;
- be in contempt of court;
- invade another person's privacy;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- give the impression that the User Content comes from, or is associated with or endorsed by, YourService if this is not the case; or
- contain any external advertising, or promote any services or web links to other sites.
- BREACH OF ACCEPTABLE USE POLICY AND CONTENT STANDARDS
- If we consider that you are in breach of Acceptable Use Policy and Content standards, we may take such action as we deem appropriate in our sole opinion. Failure to comply with this Policy constitutes a breach of our Platform Terms of Use which set out how you are permitted to use the Platform, and may result in us taking all or any of the following actions:
- issuance of a warning to you;
- immediate, temporary or permanent withdrawal of your right to use the Platform (including closure of your account, if you have);
- immediate, temporary or permanent removal of any User Content found to be in breach;
- legal proceedings against you for reimbursement of all costs resulting from your breach, or any further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
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REPORTING ILLEGAL OR INFRINGING CONTENT
- If you come across any Content on the Platform that you believe to be illegal, please contact us immediately at admin@yourservice.com with full details of the illegal Content.
- If you are the owner of intellectual property rights, or an agent who is fully authorised to act on behalf of the owner of intellectual property rights, and believe that any Content infringes upon your intellectual property right or the intellectual property rights of the owner on whose behalf you are authorised to act, please notify YourService at admin@yourservice.com with full details of the alleged infringement. We will use all reasonable efforts to remove any infringing Content from the Platform within a reasonable period of time.
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REPORTING FRAUDULENT ACTIVITY
- You agree to notify YourService immediately upon becoming aware of any fraudulent activity perpetrated through your Account. Notifications may be made via the Platform or by email at hello@talentnations.com . You are solely responsible for informing your financial institution or payment services provider of any fraud related to a payment card saved in your Account.
- You agree that YourService is not responsible for the unauthorized use of your Account. YourService reserves the right (in its sole and absolute discretion) to suspend or void any transaction, where we suspect that the transaction is related to fraudulent, unlawful, illegal, suspicious or criminal activity or that you are otherwise in violation of this Terms of Use.
- If we are aware or have reason to believe that your Account is being used in an unauthorized, unlawful, improper or fraudulent manner or for criminal activities (or has been so used previously), or you do not comply with applicable laws and regulations or any of the conditions relating to the use of the services including this Terms of Use, YourService may at its sole discretion take certain actions against you, including but not limited to:
- suspending or terminating your right to use the Account, certain products, the Platform (or certain parts of it),
- blocking or clawing back any available balance in your Account;
- legal action against you (including claim for the cost of the action), and/or (iv) disclosure of such information to law enforcement authorities as we feel is necessary.
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RELATIONSHIP
- Employer and Specialist
- Job Agreement:Â The engagement, contracting and management of a Job are between an Employer and a Specialist. Upon acceptance of a quote, the Employer agrees to purchase, and the Specialist agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the Job Agreement between Employer and Specialist including the quote, Job Description, and other terms and conditions as communicated between Employer and Specialist on the Platform or otherwise, (b) these Terms of Use, and (c) any other content uploaded to the Platform (collectively, the "Job Agreement"). You agree not to enter into any contractual provisions in conflict with these Terms of Use. Any provision of a Job Agreement in conflict with these Terms of Use is void. Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Job Agreement in a timely manner. Specialist is responsible for the performance and quality of the services in accordance with the Job Agreement in a timely manner. Employer and Specialist each covenants and agrees to act with good faith and fair dealing in performance of the Job Agreement.
- Independence:Â Employer and Specialist each acknowledges and agrees that their relationship is that of independent Specialists. The Specialist shall perform services as an independent Specialist and nothing in these Terms of Use shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Specialists and Specialist or between YourService and any Employer or Specialist.
- Document verification. We do not control or check whether Specialists have work permits or permits to stay in the country of work. We do not guarantee the accuracy and validity of the information and documents that the Specialist places on his resume or sends to the Employer. By conducting interviews, communicating with a Specialist and concluding an employment contract, the Employer undertakes to independently verify these conditions.
- Registered Users and YourService
- General:Â YourService is not a party to the dealing, contracting and fulfillment of any Job between an Employer and a Specialist. YourService has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of registered Users, the ability of Specialists to perform services, the ability of Employers to pay for services, or that an Employer or Specialists can or will actually complete a Job. YourService is not responsible for and will not control the manner in which a Specialist operates and is not involved in the hiring, firing, discipline or working conditions of the Specialists. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Specialists. YourService will not provide any Specialists with any materials or tools to complete any Job. Employers and Specialistss must look solely to the other for enforcement and performance of all the rights and obligations arising from Job Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
- Third-Party Beneficiary of Job Agreement:Â Employer and Specialists each acknowledges and agrees that the value, reputation, and goodwill of the YourService depend on their performance of their covenants and agreements as set forth in their Job Agreement. Employer and Specialists therefore appoint YourService as a third-party beneficiary of their Job Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, YourService by these Terms of Use. Employers and Specialistss further agree that YourService has the right to take such actions with respect to the Job Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as YourService in its sole discretion deems necessary to protect the value, reputation, and goodwill of the YourService.
- Agency:Â These Terms of Use and any registration for or subsequent use of Platform by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and YourService, except and solely to the extent expressly stated.
- Taxes:Â Registered Users are responsible for payment and reporting of any taxes. YourService is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by YourService. You agree that you will abide by any and all applicable tax statutes, regulations and law. In the event YourService receives a notice of non-compliance with any such statute, regulation or law, including, without limitation, an tax authorities, YourService will deem such receipt a breach of this section and will suspend your Account until YourService received an tax authorities.
- PAID IMPROVEMENTS
- YourService may, from time to time, offer paid Improvements on the Platform ("Paid Improvements").
- Paid Improvements are not services. Paid Improvements are non-activated Platform data and commands that are part of the Platform and consist of certain improvements and options that the User can Purchase for real currency.
- By accessing paid improvements, the User can take advantage of the benefits and additional features provided by the Platform; improve the usability of the Platform. For example, you can pay a commission to make your ad more visible in the search results on the Platform; you receive prompt information Push notification when an order appears in the specialist category.
- On the platform, these Paid Improvements can be referred to as a “Premium Subscription” or a “Premium account”.
- You acknowledge and agree that, in respect of each Paid Improvements:
- any fee paid by you for a Paid Improvements is non-refundable in all circumstances; and
- Paid Improvements are provided for your convenience, and do not guarantee that your Listing will be successful or result in any minimum number of leads for your Listing.
- We reserve the right to change any fees associated with YourService at any time, at the sole discretion of YourService. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Use, at any time, we will not refund the Paid Improvements fee already paid.
- For more information about the amount and payment procedure for Paid Improvements, please visit the Platform page at the link.
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PROMO CODES
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From time to time we may offer you promo codes for purchasing Paid Improvements on the Platform, on special discounts. Promo Codes are valid only for purchases on YourService and are subject to different time limitations and will expire after their predefined term.
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To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion.
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For Orders that are composed of one or more milestones, the promo code will apply to the first milestone only. Promo codes may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the promo codes. Promo codes may be voided in the event of fraud, misuse, or violation of the Terms of Service. YourService reserves the right to modify or cancel promo codes at any time.
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PROCESSING PAYMENTS
- We may, in certain circumstances, collect payments from you via the Platform (including when you choose to purchase Paid Improvements).
- If that is the case, by providing us details of your payment method at checkout, you authorise us (acting through our chosen payment processor) to charge the relevant payment method for the amount displayed to you at checkout.
- We will not be responsible for any losses you may suffer if the payment method you use to make a payment on the Platform does not have sufficient funds to cover the full value of such payment.
- You can find information about the amount and procedure for deducting the commission for Processing Payments in the Platform at the link.
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LOCAL CURRENCIES
- You can pay on YourService in several different currencies. For your convenience, prices will be rounded up to the closest number. At checkout, you will see the accurate amount to be paid. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by YourService’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in United Arab Emirates Dirhams (“AED”) even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
- Note that all prices on YourService are derived always from their original AED price and, therefore, non- AED currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Buyers always have the option to pay in AED by changing their currency.
- Your YourService Balance is always valued in AED, even if it is displayed in a non- AED currency. Therefore, should you choose to view your YourService Balance in any currency other than AED, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same AED value. Users always have the option to view their YourService Balance in AED by changing their selected displayed currency.
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TAXES
- As mentioned above, Registered Users are responsible for paying and reporting any taxes. YourService is not obligated to determine the applicability of any taxes or to transfer, collect or report any such applicable taxes, unless otherwise agreed by both parties in accordance with the terms of any tax services provided to you by YourService.
- Despite the above, YourService may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount YourService will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount YourService will be required to withhold will be deducted from the Seller’s revenue, as required by applicable laws.
- Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment.
- Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.
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DISCLAIMERS
- No Guarantee of Results. YourService is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the the Platform in meeting the employment objectives of Specialists. YourService does not guarantee that documents posted by Specialists will result in candidates being hired or positions being filled, and is not responsible for any employment decision, for whatever reason made, made by any User.
- The Platform and services are provided "as is" and "as available". YourService disclaims all representations and warranties, express, implied or statutory, not expressly set out in this Agreement, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. YourService makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the Platform, Paid Improvements or any other services requested through the use of the Platform, or that the Platform will be uninterrupted or error-free. YourService and its affiliates do not guarantee the quality, suitability or safety. You agree that the entire risk arising out of your use of the Platform and Paid Improvements, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
- YourService and its affiliates are not responsible for the conduct, whether online or offline, of any Employer, Specialists or any other third-party. You are encouraged to use a reasonable degree of sensibility and caution when interacting with other Employers, Specialists or any other third-party.
- By using the Platform and participating in the Services, you agree to accept such risks and agree that YourService is not responsible for the acts or omissions of Employers, Specialists or any other third-party.
- By using the Platform, you agree that YourService may declare in various forms (marketing brochures, website information etc.) that it co-operates, collaborates and deals with you.
- YourService and its affiliates expressly disclaim any liability arising from the unauthorized use of your Account. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you agree to notify us immediately.
- Any content you upload to the Platform will be considered non-confidential and non-proprietary. You grant us all your license rights in your content, including (but not limited to) the right to use, store and copy that content, to publish it in a form we deem fit, and to publish any personal details provided in conjunction with the content and to distribute and make it available to third parties at our discretion.
- We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you constitutes a violation of their IP rights, or of their right to privacy, or is in violation of the laws of the UAE.
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LIMITATION OF LIABILITY
- YourService, its affiliates and partners shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, or property damage related to, in connection with, or otherwise resulting from any use of the Platform, even if YourService has been advised of the possibility of such damages. T YourService and its affiliates and its partners shall not be liable for any damages, liability or losses arising out of:
- your use of or reliance on the Platform or Paid Improvements, or your inability to access or use the Platform or the Paid Improvements; or
- any transaction or relationship between you and any Specialists or other third party provider, even if YourService or its affiliates or its partners have been advised of the possibility of such damages.
- YourService and its affiliates and its partners shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control. You acknowledge that specialists providing services may not be professionally licensed or permitted.
- The Platform may be used by you to request and schedule the services with Contractors, but you agree that YourService s, its affiliates, and other partners have no responsibility or liability to you related to any Service provided to you by Contractors other than as expressly set forth in this agreement. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
- Save as aforesaid and to the extent permitted by UAE law, YourService shall not be liable for (whether direct or indirect) any loss of profit, loss of opportunity, loss of business, indirect, incidental, special, or consequential loss arising out of or in any way connected with the use of any information and services on the Platform or otherwise arising out of the use of the Platform and all warranties, terms, and conditions with regard to such information and services, whether express or implied arising under law or otherwise are hereby excluded. YourService cannot be responsible for the security or privacy of the Platform and any information provided to the Platform by you.
- You must bear the risk associated with the use of the Platform. YourService will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Platform.
- In no event will YourService liability to you in connection with your use of the Platform or these Terms of Use, regardless of the cause of action or loss suffered by you, exceed the higher of: (i) the amount paid by you for the Paid Service which is the subject of the relevant dispute or claim (if any); or (ii) one thousand UAE Dirhams (AED 1,000).
- YourService, its affiliates and partners shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, or property damage related to, in connection with, or otherwise resulting from any use of the Platform, even if YourService has been advised of the possibility of such damages. T YourService and its affiliates and its partners shall not be liable for any damages, liability or losses arising out of:
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INDEMNITY
You agree to indemnify and hold YourService, its Affiliates, and other partners and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with:
- your use of the Platform and services or goods obtained through your use of the Platform;
- your breach or violation of this Agreement or
- your violation of the rights of any third party, including Contractors.
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COMMUNICATIONS
- By creating an Account on the Platform, you agree to receive messages from us, including by email, text messages, calls and push notifications. You agree that texts, calls or pre-recorded messages may be generated by automatic telephone dialling systems (where allowed by and in compliance with local law).
- Communications from YourService, its affiliated companies and/or Specialists, may include but are not limited to: operational communications concerning your Account or use of the Platform or Paid Improvements, updates concerning new and existing features on the Platform. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
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DISPUTE RESOLUTION. ARBITRATION PROCESS AND RULES- You agree that any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to the Dubai International Arbitration Centre and finally resolved by arbitration under the DIAC Arbitration Rules in force on the date of the submission of the request for arbitration (the "Rules"), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators, to be appointed in accordance with the Rules, shall be one.
- The legal seat of the arbitration shall be Dubai, UAE and the language of the arbitration shall be English unless you do not speak English, in which case the arbitration shall be conducted in both English and your native language.
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CHOICE OF LAW
This Agreement is governed by and construed in accordance with the regulations Dubai Silicon Oasis – Free Zone and the federal laws of the UAE.
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TERMINATION
- We may end your rights to use the Platform if you break these Terms of Use. If we end your rights to use the Platform:
- you must stop all activities authorized by these terms, including your use of the Platform;
- you must delete or remove the Platform from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may implement measures to restrict or limit your ability to access or use the Platform or any of its components.
- We may end your rights to use the Platform if you break these Terms of Use. If we end your rights to use the Platform:
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GENERAL
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Links to third-party sites or content.
Where the Platform contains links to other websites and/or third-party content, these links are provided for your information and convenience only. Such links should not be interpreted as approval by us of those linked websites or any content you may obtain from them. We have no control over the contents of such third-party websites, and exclude all liability in that respect.
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Rules about linking to the Platform.
You may link to any page of the Platform or any specific Content, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The Platform must not be framed on any other website. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
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We are not responsible for viruses.
We do not guarantee that the Platform and the Content will be secure or free from bugs or viruses. You are responsible for configuring your device to access the Platform and the Content in a secure way. Where relevant, you should use your own virus protection software.
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We are not liable for events outside our control.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (each a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control. The performance of our obligations under these Terms of Use 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 reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure Event.
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Other agreements between you and YourService.
You may have entered into other agreements with YourService or its affiliates, or may have accepted other terms and conditions governing the use of other services provided by YourService or its affiliates. These Terms of Use apply in addition to any such agreements. In the event of any conflict or ambiguity between these Terms and any other agreement between you and YourService or its affiliate, the provisions of these Terms will prevail (but only to the extent of such conflict or ambiguity).
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We may transfer our rights and obligations.
We may transfer our rights and obligations under these Terms of Use to another organisation. We will notify you in writing if this happens, and we will ensure that the transfer will not affect your rights under these Terms of Use.
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Nobody else has any rights under these Terms of Use.
These Terms of Use are between you and YourService only, and no other person will have any rights to enforce or rely on any of its provisions.
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Even if we delay enforcing our rights under these Terms of Use, we can still enforce them later.
If we do not insist immediately that you do anything you are required to do under these Terms of Use, or if we delay taking steps against you in respect of your breaching these Terms of Use, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
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If a court finds part of these Terms of Use illegal, the rest will continue in force.
Each of the sections of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
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Accessing the Platform from another territory.
The Platform is directed to people residing in certain territories only. We cannot ensure that the Content available on or through the Platform is appropriate for use or available in locations we do not explicitly make the Platform available in, and cannot ensure that the Platform complies with the laws and regulations in territories we do not operate in.
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Language.
If these Terms of Use are translated into any other language and there is a discrepancy between the English text and the text in the other language, the English text version will prevail to the fullest extent permitted by applicable law.
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Divisibility.
If any provision of this Terms of Use is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of this Terms of Use but the legality, validity and enforceability of the other provisions in this Agreement shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of this Terms of Use. This Terms of Use constitutes the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
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Headings and Labels.
The boldface paragraph headings in these Terms of Use are included for ease of reference only and have no binding effect.
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Integration.
These Terms of Use and all documents referenced in these Terms of Use (including the policies listed and available by hyperlink) comprise the entire agreement between you and YourService with respect to the use of this Platform and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Platform that link to or are linked from the Platform.
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