Terms of Use
Beebolt Terms of Use
Effective date: [2024-01-01]
Introduction
Welcome to https://beebolt.com/ (“Site”). The owner and operator of the Site is Beebolt FZ LLC, with licence numbers 47008873 & 45001751, with its registered address located at BIZ00289, Compass Building, Al Shohada Al Hamra Industrial Zone – FZ, Ras Al Khaimah, United Arab Emirates (“we”, “our” or “us”).
These terms of use (the “Terms of Use”) and all policies and additional terms (if applicable) posted on the Site set out the terms on which we offer you access to and use of our Site, services and applications (collectively, the “Services”). You can find all of our policies and additional terms here [beebolt.com/legal-documents] (“Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Use.
By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect.
If you do not agree to the Terms of Use and the Legal Documents, you must not use or access our Services.
References in these Terms of Use to “you” (or similar) are references to you as an individual or legal entity as the case may be.
About our site
The Site provides an overview of our B2B SaaS platform and our other solutions, which enable our customers to achieve deeper visibility into important aspects of their supply chain.
Notwithstanding anything to the contrary in these Terms of Use, we reserve the right to introduce new services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
Eligibility and registration requirements
In order to use our Services, you may be required to register as a user on our Site and provide us with certain information.
You are eligible to register as a user of our Site to benefit from the Services if you meet the following eligibility criteria.
For individuals:
you are above the legal age for purchasing products in the jurisdiction in which you reside;
you provide proof of residence for the jurisdiction in which you reside; and
for business entities:
you are a legal entity duly registered in your jurisdiction;
you have a current trade licence;
you provide proof of authorisation for the individual who will be registering and using the Site; and
you provide identification for the authorised person.
In order to register to the Site, you will need to provide us with certain information. Your registration to the Site may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We also reserve the right to undertake such checks as are necessary to verify your identity, as appropriate.
Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 9 of these Terms of Use.
Your Obligations
When using or accessing the Services, you agree that you:
are responsible for maintaining the confidentiality of, and restricting access to and use of your account and password, and accept responsibility for all activities that occur under your account and password;
will immediately notify us of any unauthorised use of your password or account or any other breach of security;
will provide true, accurate, current and complete information about yourself and your use of the Services as required by us;
will not disclose to any third party (except as required or requested by us) a user’s information provided to you; and
will cooperate with our requests for information with respect to your eligibility and usage of our Services.
When using or accessing the Services, you agree that you will not:
post, list or upload content or items in inappropriate or prohibited categories or areas on our Site, including, without limitation:
content or items that may be considered culturally or religiously offensive in any way;
content or items which may not be considered to be in compliance with general local law, Islamic law, rules, morals, values, ethics and traditions;
content or items that may threaten national security;
content or items which may constitute or be considered to promote gambling;
securities, including shares, bonds, debentures, or any other financial instruments or assets of any description;
living or dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural;
weapons of any description;
liquor, tobacco products, drugs, psychotropic substances, narcotics, intoxicants of any description and medicines;
items that to your knowledge are defective, fake, damaged, false or misleading or that may through normal use harm another Site user’s interest or health;
non-transferable vouchers; and
chemicals;
post items you do not have a right to link to or include;
post counterfeit or stolen items;
breach or circumvent any laws, third-party rights or our systems, policies or determinations of your account status;
use our Services if you no longer fulfil the eligibility criteria or are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our Services;
fail to pay for items purchased by you, unless you have a valid reason as set out in any of our policies;
fail to deliver items sold by you (if applicable), unless you have a valid reason as set out in any of our policies;
use contact information provided to you during the course of a transaction on the Site to solicit additional sales offline or on another website;
manipulate the price of any item or interfere with any other user’s listings;
take any action that may undermine the Site’s feedback and ratings systems;
post false, inaccurate, misleading, deceptive, defamatory or similar content;
transfer your account to another party without our prior written consent;
distribute or post spam, unsolicited or bulk electronic communications or similar;
distribute viruses or any other technologies that may harm our Services or the interests or property of other users;
infringe:
the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to us; or
any Intellectual Property Rights that belong to third parties;
harvest or otherwise collect information about users without their consent;
circumvent any technical measures we use to provide the Services; or
modify, translate, adapt, disassemble, decompile, reverse engineer, or create any derivative works based on our Site (or any portion thereof), including any files, documentation or tables or determine or attempt to determine any source code, methods, techniques or algorithms embodied in the Site or any derivative works thereof.
intellectual property rights
Except for the rights expressly granted under these Terms of Use:
all content included on the Site, including, but not limited to, text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all rights, title and interest in and to the Site and the Services, including, without limitation, all Intellectual Property Rights therein; and
all rights, title and interest in and to any information, materials or other content that you provide in connection with your use of the Services, including all Intellectual Property Rights therein, will become our property.
You agree that you have no right to use our trademark (including any unregistered trademarks, service marks, logos) without our prior written consent.
Licence grant to user. Subject to your compliance with these Terms of Use, we hereby grant to you, a worldwide, revocable (in the circumstances set out in these Terms of Use), royalty-free, non-assignable, non-sub-licensable, non-transferrable, and non-exclusive licence to use the Site (the “Site Licence”). The Site Licence is granted to you for the sole purpose of enabling you to use and enjoy the Site in accordance with these Terms of Use. As set forth herein, the Site Licence does not provide you with title to or ownership of the Site (or any component thereof or rights therein), but only a limited licence to use the Site in accordance with these Terms of Use and subject to the use restrictions described herein.
All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.
Confidential information
For the purposes of these Terms of Use, “Confidential Information” means our (or a Site user’s) non-public, confidential, secret or proprietary material and information that has been or may be, directly or indirectly, disclosed to you or which you come into the possession or knowledge of, whether in verbal, written, graphic, electronic or other form, in connection with or as a result of entering into these Terms of Use and using our Services.
You will maintain the confidentiality of all Confidential Information we may provide you or which you receive as a result of your use of the Services and will not release, disclose, use, make available or copy any such Confidential Information without our prior written consent. You may disclose Confidential Information to employees, agents or subcontractors on a need-to-know basis only. You will take reasonable precautions to protect the confidentiality of such Confidential Information. Excluded from this obligation of confidentiality is Confidential Information which:
is known or becomes known to you directly or indirectly from a third-party source not having an obligation of confidentiality to us;
becomes publicly known or otherwise ceases to be secret, proprietary or confidential, except through your breach of these Terms of Use;
is independently developed by you; or
is required to be disclosed by a government authority or by law, provided that you give us reasonable prior written notice sufficient to permit us to contest such disclosure.
Warranties, representations & undertakings
You warrant, represent and undertake that:
you shall fully comply and will at all times continue to fully comply with all applicable laws;
you have full power and authority to enter into these Terms of Use and the execution and performance of your obligations under these Terms of Use does not conflict with:
any laws, rules, regulations or governmental guidelines to which you are subject to; or
any other agreements to which you are a party to or to which you are otherwise bound by;
if you create or use an account on behalf of a business entity, you are authorised to act on behalf of such business and bind the business to these Terms of Use. Such account is deemed to be owned and controlled by the business entity;
any information that you provide us with is accurate, up-to-date and complete and you are authorised to provide us with any financial information (e.g. card details);
you own or have the authority to grant the rights and licences granted to us by you under these Terms of Use; and
any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).
Subject to clause 8.1, the Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
Liability & indemnities
Nothing in these Terms of Use shall limit or exclude a party’s liability:
for fraud, including fraudulent misrepresentation, perpetrated by that party;
for death or personal injury caused by the negligence of that party; or
for any other liability that cannot be limited or excluded under applicable laws.
Subject to clause 8.1, we and our affiliates (and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors) shall not be liable to you for any:
loss of:
profit;
goodwill;
opportunity; or
data suffered by you,
(in each case whether direct or indirect);
indirect or consequential losses which may be incurred by you; or
loss or damage which may be incurred by you as a result of:
any reliance placed by you on the completeness, reliability, timeliness, accuracy or existence of any advertising or other information obtained as a result of the Services;
any changes which we may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Services; or
your failure to provide us with accurate account information.
In addition, to the extent permitted by applicable laws, we and our affiliates (and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
the information you provide when using the Services;
your use of or your inability to use our Services;
guidance provided by us;
delays or disruptions in our Services;
viruses or other malicious software, including, without limitation, Trojans, worms, logic bombs, obtained by accessing or linking to our Services;
bugs, errors or inaccuracies of any kind in our Services;
damage to your hardware device from the use of products sold on the Site or our Services;
the content, actions or inactions of third parties using our Services;
a suspension or other action taken by us with respect to your use of the Services; or
your need to modify practices, content or behaviour or your loss of or inability to do business as a result of changes to these Terms of Use.
Subject to clause 8.1, if clauses 8.2 and/or 8.3 are held to be unenforceable or inapplicable for any reason, then the total aggregate liability applicable to us, and our affiliates (and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors), to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use shall be limited to one thousand US Dollars (USD 1,000).
You agree to indemnify, defend and hold harmless, on demand, us, our affiliates and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors from and against any losses, damages and expenses (including legal fees) arising out of or relating to:
any claims or demands made by any third party, including a regulator or government authority, due to or arising out of your use of the Services;
your violation of any of provisions of these Terms of Use, including, without limitation, any of the warranties, representations and undertakings;
your violation of any applicable laws; or
the manner in which you use our Services, including, without limitation, if your trademarks infringe the Intellectual Property Rights of any third party or that your use of the Site violates any other rights (including privacy rights) of any third party (including other Site users).
Suspension & Termination
Without prejudice to any of our rights and remedies and without any liability to you, we may limit, suspend or withdraw a user’s access to the Services and/or remove hosted content submitted by you if we consider, at our sole discretion that you have breached or violated these Terms of Use in any manner whatsoever.
Reporting Violations of These Terms of Use
We are committed to ensuring that listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us of the details in clause 12.12, and we will investigate.
Linking
Linking to third party sites. The Site may provide links to other websites operated by third parties who are not related to, affiliated with or endorsed by us. These links are provided for your information only. Third party platforms are not governed by these Terms of Use but by other agreements or policies that may differ from these Terms of Use. In visiting any third-party platforms, whether linked to on the Site or otherwise, you do so at your own risk and you assume all responsibility in that regard. We make no representations or warranties regarding, and do not endorse, any third-party platforms or any content in such platforms. We encourage you to review the terms of use of each third-party platform visited before using those platforms.
Linking to our Site. You may link to our Site, provided you do so in a way that is fair and legal, is non-deceptive and does not damage our reputation or take advantage of it. 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. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other website, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice.
General
Governing Law. These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (“DIFC”).
Dispute Resolution. If you have an issue with our Services, please contact us on the details in clause 12.12. We will endeavour to resolve your issue as soon as possible. You irrevocably agree that the DIFC courts shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with this Terms of Use.
Third Party Rights. A person who is not a party to these Terms of Use has no right to enforce any of its terms.
Relationship of the Parties. Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.
Further Assurances. The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable laws.
Assignment. These Terms of Use will be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent.
Entire Agreement. These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
Amendment. These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.
Severability. If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
Force Majeure. Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third-party providers of goods or services to us, labour disruptions, blackouts, embargoes).
No Waiver. Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
Communications. These Terms of Use are issued and concluded in English. Communications between us will be in English and will be conducted by letter, phone or email using the most recent details that you have provided to us. You may contact us at the below details:
Address: BIZ00289, Compass Building, Al Shohada Al Hamra Industrial Zone – FZ, Ras Al Khaimah, United Arab Emirates; and/or
Email: info@beebolt.com; social@beebolt.com; or support@beebolt.com.
Survival. All provisions that either expressly or by their nature survive, will survive suspension or termination of these Terms of Use.