Terms & Conditions
Ratification of the Agreement
To be a member of the website of Dealplor.com,
first of all it is required that you complete in the registration form and then
agree and accept to comply with the provisions of the user agreement for
Dealplor.com. By filling in and sanctioning the registration form or getting any
services or ordering using this system, the user agrees to be bound by the user
agreement of Dealplor.com.
You are responsible for making all arrangements
necessary for you to have access to the website
You are also responsible for ensuring
that all persons who access the website through your Internet connection are
aware of these website terms and that they abide by them. By viewing, using,
accessing, browsing, or submitting any content or material on the site, you
agree to these Terms of Use as a binding legal agreement between you and Dealplor.com , without limitation or qualification.
The term "you" or "You"
shall refer to any person or entity, who views, uses, accesses, browses or
submits any content or material to the site.
If you do not agree to these Terms of Use, then
you may not use the site.
Dealplor.com reserves the right to modify these
Terms of Use at any time without prior notice. You agree that each visit you
make to the site shall be subject to the then-current Terms of Use, and
continued use of the site now or following modifications in these Terms of Use
confirms that you have read, accepted, and agreed to be bound by such
modifications.
The terms and conditions apply to Dealplor.com website
and its associated applications on iPhone, iPad, Android, and mobile site
platforms.
Service Description
Dealplor.com allows its members who consent to
the agreement to order from shops online.
Dealplor.com provides a way for you to connect
your orders to delivery shops displayed on this website and apps.
The purpose of this site is to provide a simple
and convenient service to consumers, linking them to shops in their area that
offer delivery or booking services. Interactive menus allow customers to build
a cart and submit their orders with minimal fuss.
We have created the website to serve as the
online market for delivery and booking services and products. Dealplor.com is a
commercial service for delivery and booking services and products online.
Dealplor.com does not sell or interfere in any
way in the production of any items at the shops. But what this online market
offers to the users is only providing the ability to search for and find local
shops and order from them.
The
shops are obligated to comply with country local laws, rules, regulations, and
standards.
However, it is important for users to
understand that Dealplor.com does not in any way independently verify the
credentials, representations or products of shops, the ingredients or the
quality of any products, or that a shop is in compliance with applicable laws.
Customers must order based on the information
provided by shops on the website or as requested by buyers directly from the
shops as to the quality and reliability of the shops, as well as to their
compliance with applicable laws.
Dealplor.com does not in any way guarantee the
quality of any product or that any complies with applicable laws and does not
guarantee to match the menu displayed on the site of what is actually provided
to the users.
In addition, a shop may represent that food
preparation is in accordance with special standards such as
"organic," "macrobiotic" or allergen-specific standards
such as "nut-free", "gluten-free", or "lactose-free","Or any standards related to the service or
product". However, Dealplor.com does not independently investigate or verify
such representations.
Dealplor.com shall not be liable or responsible
for any food or services offered by shops that is unhealthy, is the cause of
injury, that is otherwise unacceptable to buyers or that does not meet the
expectation of buyers in any manner
Customers are solely responsible for
authenticating the accuracy of delivery addresses, and Dealplor.com shall have no
liability or responsibility for any such inaccurate addresses.
All products and services preparation and
deliveries are the sole responsibility of the shop accepting the order. Please
be aware that the shop will do everything they can to meet the delivery time
specified, however delivery times may be affected by factors beyond their
control and therefore cannot be guaranteed.
How to make an order and how it is processed
Once you have selected your order from the menu
of your chosen store you will be given the opportunity to submit your order by
clicking on the submit button.
Please note it is important that you check the
information that you enter and correct any errors before clicking on the
“Checkout” button
since once you click on this, any input errors
cannot be corrected. On receipt of your order, Dealplor.com will begin processing your
order and we will send a message on the final page that your order has been
received and sent successfully to the shop. Where any payment you make is not
authorized you will be returned to the previous page on the website and we
shall not be obliged to provide the services or items.
Order Cancellation or Rescheduling
You have the right to
cancel the order before the merchant accepts the order or if the merchant has
modified your order and sends you a request to approve the modification. The
order is canceled by selecting Cancel in the order history.
Although every effort
has been made to ensure that correct prices and descriptions are maintained, we
reserve the right to cancel any order that contains incorrect information
An order may be
subsequently cancelled by a shop after you have received a confirmation that it
has been sent to the shop. Dealplor.com and our partner shops reserve the right
to cancel any order, before or after acceptance, and will notify you immediately
of any such cancellation
If a Carrier cannot complete a delivery due to
an incorrect address, the Order exceeding the weight and/or dimension
restrictions for the mode of transport selected, and/or for any other reason,
the request to deliver will be canceled and MERCHANT will be charged the
relevant Fee as if the delivery had been completed.
Membership system
Any member of Dealplor.com has a “user name” and “password” which are determined by the member
themselves.
The "user name"
is personal to the member and the same “user name” is not given to two
different members. The “password” is only known by the user. The user can
change the password at any time.
It is solely under the responsibility of
the user to select and protect the password.Dealplor.com is not liable for any
problems, which may arise from the use of a password.
Dealplor.com informs the user about the
promotions, which take place in the user’s area and from which the user may
benefit, by emails.
Dealplor.com does not share the user information
with the third-party companies – the phone number may be shared with the shop
in order to provide faster and correct delivery.
For the user to avail of the services, which
require a membership of Dealplor.com, the user must enter the user
name and password. This process is called “login” to Dealplor.com.
By using this site, you warrant that any
personal information provided by you is true, accurate, current and complete in
all respects and that you will notify us immediately of any changes to your
personal information by updating your member profile on the site or by
contacting us, you agree not to impersonate any other person or entity or to
use a false name or a name that you are not authorized to use.
You are not allowed to register multiple memberships
for use by the same person. Violation of this clause may result in the
termination of your membership.
Members' passwords should be kept confidential
at all times, and must not be shared or disclosed to
anyone.
You are responsible for all activities and
orders that occur or are submitted through your membership. If you know or
suspect that someone has knowledge of your password
then you should contact us immediately.
You may not use the site for any unlawful or unauthorised purpose, including without limitation to:
§ Distributing
any unlawful, libellous, abusive, threatening,
harmful, obscene or otherwise objectionable material.
§ Transmitting
material that constitutes a criminal offence, results in civil liability or
otherwise breaches any laws, regulations or codes of practice.
§ Interfering
with any other persons use or enjoyment of the site.
§ Damaging,
disabling or impairing the operation of this site or attempting to gain
unauthorized access to this site or to networks connected to it, through hacking,
spoofing or other such similar means.
Responsibilities of the Merchant
During the use of the
services of Dealplor.com, the member accepts and undertakes:
§ The information in the registration form is correct and true; in the
conditions that this information is required the member is the only responsible
for any losses which may arise from any misinformation or inadequate
information (ex. forgetting the password); and in these cases, his/her
membership may be terminated.
§ The member is the sole responsible for all personal ideas, opinions,
statements set forth by the member while using the services of Dealplor.com, all
the files uploaded to Dealplor.com and the personal information sent, and that in
no way Dealplor.com shall be held liable for these files, not to access any
services provided in Dealplor.com unauthorized and in any way other that the one
identified by Dealplor.com; not to change the software in any way; not to use the
software which is identified as being changed; and to indemnify Dealplor.com for
all material and moral losses in the event the member does not comply with the
aforementioned articles,Dealplor.com shall not be responsible for any damages
which may arise from reading of data belonging to any members by any unauthorized
people. not to send any messages which are
threatening, immoral, racially and contrary to the Laws and international
agreements, any correspondences, titles, nicknames posted to the context shall
not be contrary to the rules of public morality, good manners and laws. not to
harass and/or threaten other users, or any of Dealplor.com live chat personnel,
not to act in a way affecting the use of services by other users, not to post,
print, distribute, circulate any amoral, inappropriate and unlawful materials
and information which may give harm to the names of any people or institutions,
not to advertise, sell or offer to sell any products or services, engage in any
activities such as survey, competition or chain letter, not to send any
information or programs which may give harm to the information or software in
the computers of other users.
§ All of the records or materials obtained by using the services of
Dealplor.com are within the consent of the user; the user shall be absolutely
responsible for any damages, loss of information or other losses caused by them
in the user’s computer; the user shall not demand any compensation for any
losses arising from the use of the service, not to use the services of
Dealplor.com for any commercial and advertising purposes without obtaining the
consent of Dealplor.com.
Dealplor.com may monitor
all system at any time or continuously.
Dealplor.com may use its
system for commercial purposes.
Not to mail any
information which is forbidden legally and circulate any mails which do not
have the authorization to be sent such as chain mail, malicious software, etc.,
not to record and misuse any personal information belonging to others
The member
himself/herself is responsible for all kinds of acts made under the “username”.
The clients must pay
the service fee which is notified previously at the time of delivery of
products; otherwise, the products shall not be delivered to the clients. not to
access the site or services using a third-party's account/registration without
the express consent of the account holder.
Not to use the site for
illegal purposes; not to commit any acts of infringement on the site or with
respect to content on the site; not to use the site to engage in commercial
activities apart from sanctioned use of Dealplor.com services.
Not to copy any
content, including, but not limited to shop menu content and third-party
reviews, for republication in print or online; not to create shop reviews or
blog entries for or with any commercial or other purpose or intent that does
not in good faith comport with the purpose or spirit of the site; not to
attempt to gain unauthorized access to other computer systems from or through
the site; not to interfere with another person's use and enjoyment of the site
or another entity's use and enjoyment of the site; not to upload or transmit
viruses or other harmful, disruptive or destructive files.
And/or not to disrupt,
interfere with, or otherwise harm or violate the security of the site, or any
services, system resources, accounts, passwords, servers or networks connected
to or accessible through the site or affiliated or linked sites (including
those of our merchants).
All users who are
minors in the jurisdiction in which they reside (generally under the age of 18)
must have the permission of, and be directly supervised by, their parent or
guardian to use the website. If you are a minor, you must have your parent or
guardian read and agree to the signed agreement prior to you using the website.
Credit or Debit cards
used in placing orders through the online payment gateway on Dealplor.com website
or applications must belong to the user. Otherwise, the user must attain legal
permission from the card owner to perform the transaction.
Visitor material and conduct
Other than personally
identifiable information, which is covered under the Dealplor.com Privacy Policy,
any material you transmit or post to this website will be considered
non-confidential and non-proprietary. Dealplor.com will have no obligations with
respect to such material. Dealplor.com 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.
You are prohibited from
posting, uploading or transmitting to or from this website any material that:
§ Breaches any applicable local, national or international law;
§ Is unlawful or fraudulent.
§ Amounts to unauthorized advertising; or
D. Contains viruses or any other harmful programs.
§ You may not misuse the website, and this includes hacking.
Any comments or feedback that you submit through the
website 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.
§ Be used to impersonate another person or to misrepresent your
affiliation with another person.
§ The prohibited acts listed in the above paragraphs are non-exhaustive.
You will pay Dealplor.com for all costs and damages which it incurs as a result
of you breaching any of these restrictions.
Dealplor.com 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 the above
paragraph.
Prohibited activities
You may not access or use
the website for any other purpose other than that for which Dealplor.com makes it
available
The website is for the
personal use of users only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
Dealplor.com
In case of any
prohibited activities committed by the user, the company has the right to
suspend, block or terminate the user's membership and prevent his access to log
in the service.
Prohibited activities
include but not limited to the following:
§ Criminal or tortuous activity, including child pornography, fraud,
trafficking in obscene material, drug dealing, gambling, harassment, stalking,
spamming, copyright infringement, patent infringement, or theft of trade
secrets.
§ Advertising to, or solicitation of, any user to buy or sell any products
or services, unless authorized by Dealplor.com.
§ Systematic retrieval of data or other content from the website to create
or compile, directly or indirectly, a collection, compilation, database or directory
without written permission from Dealplor.com.
§ Making any unauthorized use of the Dealplor.com services, including
collecting usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email.
§ Engaging in unauthorized framing of or linking to the website.
§ Transmitting or sending chain letters or junk email to other users.
§ Using any information obtained from the website in order to contact,
advertise to, solicit, or sell to any user without their prior explicit
consent.
§ Engaging in any automated use of the system, such as using scripts to
add friends or send comments or messages, or using any data mining, robots or
similar data gathering and extraction tools.
§ Interfering with, disrupting, or creating an undue burden on the website
or the networks or services connected to the website.
§ Attempting to impersonate another user or person.
§ Using the username of another user.
§ Selling or otherwise transferring your profile.
§ Using any information obtained from the website in order to harass,
abuse, or harm another person.
§ Using the Dealplor.com service as part of any effort to compete with Dealplor.com
or to provide services as a service office.
§ Deciphering, decompiling, disassembling or reverse engineering any of
the software comprising or in any way making up a part of the website.
§ Attempting to bypass any measures of the website designed to prevent or
restrict access to the website, or any portion of the website.
§ Harassing, annoying, intimidating or threatening Dealplor.com company
through any medium of communication or to any of its employees or agents
engaged in providing any part of Dealplor.com services to you
§ Displaying an advertisement or accepting payment or anything of value
from a third person in exchange for your performing any commercial activity on
or through the website on behalf of that person, such as posting blogs or
bulletins with a commercial purpose.
§ Deleting the copyright or other proprietary rights notice from any
Contribution or Dealplor.com Content.
§ Using the website in a manner inconsistent with any and all applicable
laws and regulations.
§ Any other suspected malicious activities on Dealplor.com website or
applications.
Dealplor System
Dealplor.com may
temporary suspend or completely cease the system operation at any time.
Dealplor.com shall not
have any responsibilities against the members of Dealplor.com or any third
parties due to the temporary suspension or completely cessation of the system
operation.
The user
name and password shall be displayed and approved after the filling of
the application parts to be submitted to the clients by Dealplor.com.
Dealplor.com may prevent
its clients who have filled in all parts or have connected although they have
passwords from having a new password or from using their passwords for an
indefinite period of time if it is deemed necessary by Dealplor.com.
Dealplor.com does not
warrant that its services shall be provided on time in a secure and complete
way, the results obtained from the services shall be correct and reliable, and
that the service quality shall meet the expectations.
Dealplor.com has the
right to back-up and delete all or some of the files, messages which are
provided by the members during the use of services for some periods deemed
suitable by Dealplor.com. Dealplor.com shall not be held responsible for back-up
and delete processes
Dealplor.com has the
ownership and copyrights arising from the ownership of the information,
documents, software, designs, graphics etc. which are produced by itself and/or
bought from outside.
The sales of Dealplor.com
are limited to the current availability of menus of the firms provided in
Dealplor.com. Dealplor.com is not responsible for any item ordered and not
delivered by the shop due to unavailability.
Dealplor.com has right to
post any information, documents, software, designs, graphics, etc. (such as the
messages, poets, reports/news, file posted to the bulletin board) which are
member generated and uploaded to the system by the members and/or to transmit
them to another place within the site deemed as appropriate by Dealplor.com. It
is probable that this information is copied and/or posted by other users. In
such cases, the users shall not demand any royalty from Dealplor.com.
The obligation to
change the information in relation to the price and product specifications,
which are provided to sell in Dealplor.com, belongs to the companies which have
cyber shops in Dealplor.com. In the event of any misinformation relating to the
price and specifications of products, Dealplor.com may correct this mistake by
cancelling the order.
Dealplor.com may provide
a transition or link for a member to other websites. In this case, the member
agrees that Dealplor.com shall not be responsible for the context of the
websites, which the member may access through its site.
Dealplor.com may make any
changes in the implementation of the signed agreement, and
amend the existing articles or add new articles for the purpose of complying
with any technical necessities and legislation which shall come into being in the
future.
Dealplor.com may change
in time the services for which any membership is not required to a form, which
requires membership. Dealplor.com may provide additional services, change some of
the services partially or completely, or transform into a paid service.
This site may be
unavailable at certain times to allow for maintenance and upgrades. Although we
will endeavor to notify customers in advance of any service unavailability,
this cannot be guaranteed and we reserve the right to
alter or withdraw the service at any time.
The basic principles of commenting through the
evaluation service and adding comments
Reviews are approved
based on the following criteria:
RELEVANCY Reviewers
must have had an experience with the shop firsthand.
ACCEPTABLE CONTENT
Dealplor.com are not obligated to approve reviews on the site. A subset of the
potential reasons for rejection are:
Offensive Language:
Profanity, abusive, racist, and hate language is not tolerated in our
interactive sections
Irrelevant or non-indicative
content
Discrimination based on
the grounds of religion, race, gender, national origin, age, marital status or
disability.
References to illegal
activity or uncorrelated references towards society’s traditions and values
Conflicts of interest:
Competing shops are not allowed to post negative reviews. Violation of this
might result in permanent removal from our website.
Allegations of health
code violations.
Outdated and obsolete
information
NOT ENDORSED Reviews
are not endorsed by Dealplor.com and do not represent the views of Dealplor.com,
our parent companies, our subsidiaries.
Dealplor.com does not
assume liability for any review or for any claims, liabilities or losses
resulting from any use of our sites, or information on our site.
OWNED BY Dealplor.com Reviews
are owned by Dealplor.com exclusively in perpetuity. We have the right to
reproduce, modify, translate, transmit, and/or distribute all materials
relating to reviews. Dealplor.com is under no obligation to pay the author or
anyone else for their reviews.
Termination of the agreement with the store
Dealplor.com may
terminate the signed agreement:
§ At any time for its convenience, on the provision of seven (7) days
written notice to the MERCHANT;
§ If the MERCHANT fails to make any payment due and payable to Dealplor.com
under the signed agreement within fourteen (14) days of the due date;
§ Immediately on written notice if the MERCHANT becomes insolvent or has a
receiver, administrative receiver, administrator or similar officer appointed
or resolves to go into liquidation (except for a bona fide amalgamation or
reconstruction while solvent where the resulting entity agrees to be bound by
and assumes the MERCHANT’s obligations under the signed agreement)
§ The Parties acknowledge and agree that this clause and each of the
rights of each Party hereunder has been negotiated in good faith in the context
of the Parties’ rights and obligations under and/or in connection with the
signed agreement.
§ On termination of the signed agreement, Dealplor.com will remove all
references to the MERCHANT from the Dealplor.com Media and redirect or delete any
URL or MERCHANT contact details used in connection with the Services. Each
Party shall promptly return any property (including Confidential Information)
of the other which it has in its possession or control.
To the extent technically practicable, each Party shall destroy or
permanently erase all copies of any Confidential Information but may retain one
copy (and any automatically generated back-up electronic copies) solely for
(and for so long as required by) any law, court or regulatory agency or
authority or stock exchange or internal compliance and diligence procedures and
policies. In any case, any Confidential Information that is not returned or
destroyed including oral Confidential Information shall remain in perpetuity
subject to the confidential restrictions.
Termination of the signed agreement, however, caused, shall be without
prejudice to any obligations or rights of either of the Parties which may have
accrued before termination and shall not affect any provision of the signed
agreement which is expressly or by implication intended to come into effect on,
or to continue in effect after, such termination.
Neither Party shall be
in breach of the signed agreement nor liable for delay in performing, or
failure to perform, any of its obligations under the signed agreement if such
delay or failure result from an Event of Force Majeure. An “Event of Force
Majeure” means any of the following: war, civil commotion, armed conflict, acts
of government, acts of government bodies or authorities (including but not
limited to mobile application publishing stores), riot, an act of terrorism,
fire, flood or any other act deemed to be reasonably out of a Party’s control.
In such circumstances,
the time for performance shall be extended by a period equivalent to the period
during which performance of the obligation has been delayed or failed to be
performed. If the period of delay or non- performance continues for 60 days, the
party affected may terminate the signed agreement by giving sixty (60) days
written notice to the party not affected.
Restrictions on non-personal, non-commercial
use
You agree that the
consequences of commercial use or re-publication of content or information of
Dealplor.com may lead to serious and incalculable monetary compensation that may
not be a sufficient or appropriate remedy and that Dealplor.com will be entitled
to temporary and permanent injunctive relief to prohibit such use.
Product delivery
During any product
delivery made by shops, if the client is not available in the address specified
in the system, the order shall not deliver to anywhere else. Within the
framework of such a case, the member must accept all legal responsibilities
arising from ordering to an address where he/she does not exist.
Return the product
In relation to any
product returns, the terms of product return belonging to the shops are
applied. Dealplor.com does not undertake any responsibilities for the disputes,
which may arise from terms of product return belonging to the shops.
Refund policy
Dealplor.com takes
customer satisfaction very seriously. In the case of problems with your order,
please contact Dealplor.com through our live chat or call us on our hotline number
and we will assist you. Inappropriate cases, if you have already been billed by
Dealplor.com Dealplor.com will do the best to issue full or partial refunds
according to administrator team estimation.
Payment Settlement Process
Customers can choose
between different payment methods provided on the platforms, which are
currently the following: Cash on Delivery, local debit cards, and credit cards.
Dealplor.com reserves the
right to provide other payment methods or to no longer offer certain payment
methods.
Customer bindingly
chooses the payment method when placing the respective order, provided that the
customer chooses an online payment method, the payment will be processed by an
external online payment provider cooperating with Dealplor.com.
Card data will be
stored for future orders by the external online payment providers, on the
condition that the customer has given consent to the storage and future usage
of said payment method.
The customer is obliged
to ensure sufficient coverage of the respective account or, when using a credit
card, to use the credit card only within the card transaction limit. Customer must
refrain from causing unauthorized debit chargebacks.
Payment & Refund
Once your order has
been accepted, this represents an agreement between you the customer and the
shop. The shop has sole responsibility for this order.
Cash payments are made
directly to the shop upon delivery to fulfill the order. If you have chosen to
pay with credit or debit card on the Site, then the transaction is processed by
Dealplor.com as agent of the shop. Delivery charges are calculated per order and
based on the policy of the individual shop. Any delivery charges or any other
fees will be displayed clearly in your Order Summary.
Debit / Credit Cards:
Please read the following terms of use and disclaimers carefully before using
Debit / Credit Cards:
The customer is liable
to pay by cash upon delivery any extra charges the shop might charge as a
result of the "Special Request" or the "General Request"
placed by the customer.
The customer refund
procedure might take 2-7 working days to process on the Debit /Credit Cards
bank payment gateway. The customer must follow on with the bank in case of any
delay in crediting back the customer’s account with the amount previously paid
by the customer. We will send an email to the customer that contains a printout
of the refund advice printed from Debit / Credit Cards bank payment gateway as
a reference in case the customer wants to revise the bank with.
Customers using the Debit
/ Credit Cards facility are requested to be available on their respective
contact numbers.
The customer would be
reimbursed by the merchant in case the shop faced the inconvenience of a
missing item (Reimbursement applicable only for the missing item and is subject
to the shop own reimbursement policy).
Credit or Debit cards
used in placing orders through the online payment gateway on Dealplor.com website
or applications must belong to the user. Otherwise, the user must attain legal
permission from the card owner to perform the transaction.
The customer is
entirely liable for placing an order using the Debit / Credit Cards facility
after carefully reading all the terms & conditions.
Validity of records
In the disputes which
may arise in relation to the signed agreement, the member agrees, states and
warrants that any computer records constitute a valid, binding, absolute and
exclusive evidence; this article has the characteristics of an evidential
contract, and that the member waives in advance all kinds of objections to the
specified Dealplor.com records and the right to tender an oath in relation
to the fact that these records are kept in due form.
These Website Terms
shall be governed by and construed in accordance with the law. Disputes arising
in connection with these Website Terms (including non-contractual disputes)
shall be subject to the exclusive jurisdiction of the courts.
Implementation
If any part of these
Terms of Use is deemed unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these Terms of Use and shall not
affect the validity and enforceability of any of the remaining provisions of
these Terms of Use. No waiver by us shall be construed as a waiver of any
preceding or succeeding breach of any provision.
Intellectual property rights
The content on the
website Dealplor.com Content") and the trademarks, service marks and logos
contained therein ("Marks") are owned by or licensed to Dimensions
Applications L.L.C and affiliate/s, and are subject to copyright and other
intellectual property rights under state of Dubai and international
conventions.
Dealplor.com Content
includes, without limitation, all source code, databases, functionality,
software, website designs, audio, video, text, photographs and graphics.
All Dealplor.com
graphics, logos, designs, page headers, button icons, scripts and service names
are registered trademarks, common law trademarks or trade dress of Dealplor.com
in Dubai and/or other Emirates and countries. Dealplor.com trademarks and trade
dress may not be used, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely
to cause confusion and may not be copied, imitated, or used, in whole or in
part, without the prior written permission of Dealplor.com
Dealplor.com Content on
the website is provided to you "AS IS" for your information and
personal use only and may not be used, copied, reproduced, distributed,
transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for
any other purposes whatsoever without the prior written consent of the
respective owners. Systematic retrieval of data or other content from the
website to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from Dealplor.com
is prohibited.
Provided that you are
eligible to use the website, you are granted a limited license to access and
use the website and the Dealplor.com content and to download or print a copy of
any portion of the Dealplor.com content to which you have properly gained access
solely for your personal, non-commercial use.
Dealplor.com reserves all
rights not expressly granted to you in and to the website and Dealplor.com
Content and Marks. If you download or print a copy of the Dealplor.com content
for personal use, you must retain all copyright and other proprietary notices
contained therein. You agree not to circumvent, disable or otherwise interfere
with the security related features of the website or features that prevent or
restrict use or copying of any Dealplor.com content or enforce limitations on use
of the website or the Dealplor.com content therein.
For the duration of the
Term, the MERCHANT grants to Dealplor.com its Group Members and their Affiliates
a non-exclusive, worldwide, royalty free, right to use the MERCHANT’s name,
logos, trademarks, service marks, domain names, and any audio visual content,
video recordings, audio recordings, photographs, graphics, artwork, text and
any other content provided, authorised and/or
approved to use by the MERCHANT (collectively, the “MERCHANT IP”) and consents
to Dealplor.com its Group Members and their Affiliates to sublicense, assign or
otherwise transfer such rights to any third party Dealplor.com its Affiliates or
Group Members have entered into an agreement with, at their sole discretion.
The MERCHANT
acknowledges and agrees that, as between the Parties, Dealplor.com owns all
interest in the Dealplor.com Media, the Dealplor.com trade names, logos,
trademarks, service marks, domain names, social media identifiers, all data
collected through from a Customer or otherwise via or from the Dealplor.com
Media, all audio visual content, video recordings, audio recordings,
photographs, graphics, artwork, text or any other content created by Dealplor.com
or at Dealplor.com direction, or assigned to Dealplor.com and any materials, software, technology or
tools used or provided by Dealplor.com to promote, resell or distribute the goods
and services and conduct its business in connection therewith (collectively
“the Dealplor.com IP”)
Except as specifically
provided in the signed agreement, the MERCHANT shall not use, sell, rent,
lease, sublicense, distribute, broadcast, transmit, stream, transfer, copy,
reproduce, download, display, perform, modify or otherwise use the Dealplor.com
IP or any portion thereof in any medium without prior written approval from
Dealplor.com.
All rights to the
Dealplor.com IP not expressly granted in the signed agreement are reserved by
Dealplor.com.
Links to and from other web sites
As a courtesy to you,
the site may offer links to other websites. Some of these websites may be
affiliated with Dealplor.com while others are not.
Dealplor.com is not
responsible for the contents of any website pages created and maintained by
organizations independent of Dealplor.com.
Visiting any such
third-party website pages is at your own risk. Dealplor.com has no control of
these third-party website pages, nor can it guarantee the accuracy,
completeness, or timeliness of information in third-party website pages.
Your use of such
information is voluntary, and your reliance on such information should be made
only after independent review. References to commercial products or services
within any such third-party website pages do not constitute or imply an endorsement
by Dealplor.com By using the site, you acknowledge that Dealplor.com is responsible
neither for the availability of, nor the content located on or through any
third-party website pages.
Limitation of liability
To the extent permitted
by law, Dealplor.com provides this site and content on an "as-is" and
"as available" basis and we make no representation or warranty of any
kind, express or implied, regarding the content or availability of this site,
or that it will be timely or error-free, that defects will be corrected, or
that the site or server that makes it available are free of viruses or other
harmful components.
Subject to the previous
paragraph, neither Dealplor.com nor Dealplor.com directors, officers, agents,
employees or contractors shall have any liability for any direct, indirect,
special or consequential losses or damages (including without limitation,
damages for loss of business or loss of profits), arising in contract, tort or
otherwise from the use or inability to use this site. Nothing in these terms
shall exclude or limits liability for death or personal injury resulting from
our negligence or that of our agents or employees.
Customer Data
“Customer Data” means any and all identifiable
information about purchasers generated or collected by Dealplor.com or the
MERCHANT, including, but not limited to, purchasers’ name, addresses, email
addresses, phone numbers, and purchaser preferences; and the MERCHANT agrees
that the MERCHANT will only use the Customer Data in fulfilling and in complying
with the MERCHANT’s obligations in these Terms, and the MERCHANT agrees that
Customer Data will not be used to enhance any file or list of the MERCHANT or
any third party.
The MERCHANT
represents, warrants, and covenants that it will not resell, broker or
otherwise disclose any Customer Data to any third party, in whole or in part,
for any purpose whatsoever. The MERCHANT agrees that it will not copy or
otherwise reproduce any Customer Data other than for the purpose of fulfilling
its obligations under this Form and Terms.
The MERCHANT (and any
other persons to whom the MERCHANT provides any Customer Data) will implement
and comply with reasonable security measures protecting, handling, and securing
the Customer Data.
If, any Customer Data
is collected by the MERCHANT (or otherwise on its behalf), the MERCHANT shall
ensure that it (and any applicable third parties) adopt, post, and processes
the Customer Data in conformity with an appropriate and customary privacy
policy.
For purposes of these
Terms, the restrictions set forth herein on the MERCHANT’s use of Customer Data
do not apply to: (a) data from any customer who was a customer of the MERCHANT
prior to the MERCHANT using the Platform or availing Dealplor.com, but only with
respect to data that was so previously provided to the MERCHANT by such
Customer; or (b) data supplied by a customer directly to the MERCHANT who
becomes a customer of the MERCHANT and who explicitly opts in to receive
communications from the MERCHANT for the purposes for which such Customer Data
will be used by the MERCHANT; and, provided in all cases, that the MERCHANT
handles and uses such Customer Data in compliance with applicable Laws and the
MERCHANT’s posted privacy policy.
Data Protection
Any confidential or
proprietary information of either party, whether of a technical, business or
other nature, including, but not limited to consumer information/ Customer
Data, trade secrets, know-how, technology and information relating to
customers, business plans, promotional and marketing activities, finances and
other business affairs, including but not limited to these Terms (collectively,
“Confidential Information”) disclosed to the receiving party by the disclosing
party, including Confidential Information disclosed before the date of signing
the Form, will be treated by the receiving party as confidential and
proprietary.
These Terms shall be
considered Dealplor.com’s Confidential Information.
Unless specifically authorised by the disclosing
party, the receiving party will:(a) not use such Confidential Information
except as authorised by the disclosing party; (b) not
disclose such Confidential Information to any third party; and (c) otherwise
protect such Confidential Information from unauthorised
use and disclosure to the same extent that it protects its own Confidential
Information of a similar nature.
This Section will not
apply to any information that: (i) was already known
to the receiving party, other than under an obligation of confidentiality, at
the time of disclosure by the disclosing party; (ii) was generally available to
the public or otherwise part of the public domain at the time of its disclosure
to the receiving party; (iii) became generally available to the public or
otherwise part of the public domain after its disclosure and other than through
any act or omission of the receiving party in breach of these Terms; (iv) was
disclosed to the receiving party, other than under an obligation of
confidentiality, by a third party who had no obligation to the other party not
to disclose such information to others; or (v) was developed independently by
the receiving party without any use of Confidential Information.
The MERCHANT accepts
its obligation:
• To preserve all Confidential Information of Customers, Dealplor.com's associates’ and employees’ Personal Data,
• Not to copy, destroy, disclose or transmit or otherwise process files or
Personal Data of Customers, or Dealplor.com associates or employees without
the explicit permission of Dealplor.com,
• To respect Dealplor.com's technical and organizational security
measures.
• Not to act against the confidentiality, integrity, availability, and
reliability of Dealplor.com's data, systems, and data
process services; (e) to use any corporate email provided by Dealplor.com to the
MERCHANT exclusively for corporate communications, not personal
• To preserve passwords’ secrecy on the MERCHANT’s systems or records.
• Without prejudice to the generality of the clause, any Party which is
deemed a “Controller” of Personal Data under the relevant Data Protection Legislation
(Controller) must ensure that it has all necessary appropriate consents and
notices in place to enable the use of the Personal Data and/or lawful transfer
of Personal Data to the other Party (as applicable) for the duration and
purposes of the signed agreement.
• Either Party may, at any time on not less than 30 days’ notice, revise
this Clause by replacing it with any applicable controller to processor
standard clauses or similar terms forming part of an applicable certification
scheme (which shall apply when replaced by attachment to the signed agreement).