ACCEPTANCE OF THE TERMS OF USE
In order to maintain the level of quality that we’re striving to attain and maintain, by accessing, browsing, downloading, and/or using this site, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use (the “Agreement”) and our Privacy Policy located at https://shumkar.ae This Agreement and the Privacy Policy collectively govern your use of and access to the https://shumkar.ae website owned and controlled by Shumkar Express. (“Shumkar Express”) (including the webpages contained or hyperlinked therein) (the “Website”) and your use of and access to Shumkar Express services, whether through the Website itself or through such other media or media channels, devices, software, application, or other technologies as Shumkar Express may choose from time to time (collectively, the “Shumkar Express Platform”).
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SHUMKAR EXPRESS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS, OR USE THE WEBSITE IN ANY MANNER.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH SHUMKAR EXPRESS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
MODIFICATION TO THE AGREEMENT
Shumkar Express reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Shumkar Express Platform (or any part thereof, including but not limited to the content) without notice, at any time. In addition, you hereby acknowledge that the content provided under this Shumkar Express Platform may be changed, extended in terms of content and form, or removed at any time without any notice to you. You agree that Shumkar Express shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Website or the content included therein. Continued use of the Shumkar Express Platform or services after any such changes shall constitute your consent to such changes.
ELIGIBILITY
The Shumkar Express Platform may only be used by individuals who can form legally binding contracts under applicable law including users, comprised of customers, suppliers, associates, contractors, and business partners (collectively, “Users”). The Shumkar Express Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
LIMITED USE LICENSE
Permission is granted to temporarily download one copy of the informational materials on Shumkar Express’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any data contained on Shumkar Express’s website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Shumkar Express at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
USE RESTRICTIONS
There are certain conducts that are strictly prohibited on Shumkar Express’s Platform. Please read the following restrictions carefully. Failure to comply with the provisions set forth herein may result in the termination of your access to the Website and may also expose you to civil and/or criminal liability. You agree that you will not: (a) impersonate any person or entity; (b) stalk, threaten, or otherwise harass any person, or carry any weapons; (c) violate any law, statute, rule, permit, ordinance or regulation; (d) interfere with or disrupt the services or the Shumkar Express Platform or the servers or networks connected to the Shumkar Express Platform; (e) post Information or interact on the Shumkar Express Platform 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; (f) use the Shumkar Express 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; (g) 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; (h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Shumkar Express Platform; (i) mirror any part of the Shumkar Express 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; (j) modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Shumkar Express Platform or any software used on or for the Shumkar Express Platform; (k) rent, lease, lend, sell, redistribute, license, or sub license the Shumkar Express Platform or access to any portion of the Shumkar Express Platform; (l) 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 Shumkar Express Platform or its contents; (m) link directly or indirectly to any other web sites; (n) transfer or sell your User account, password and/or identification to any other party; (o) 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, or (p) cause any third party to engage in the restricted activities above.
Shumkar Express COMMUNICATIONS
By becoming a User, you agree to receive communications from us. Communications from Shumkar Express, and/or its affiliated companies may include but are not limited to operational communications concerning your User account or use of the Shumkar Express Platform, updates concerning new and existing features on the Shumkar Express Platform, communications concerning promotions run by us or our third-party partners, and news concerning Shumkar Express and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself. If you wish to opt out of all texts or calls from Shumkar Express you can remove the application from the mobile device receiving the messages, however, you acknowledge that opting out of receiving all texts may impact your use of the Shumkar Express Platform.
YOUR INFORMATION
Your information is any information you provide, publish, or post to or through the Shumkar Express Platform (including any profile information you provide) (your “Information”). Our collection and use of personal information in connection with the Shumkar Express Platform are as provided in Shumkar Express’s Privacy Policy located at https://shumkar.ae. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for the online posting of your Information. You agree to provide and maintain accurate, current, and complete information and that we and other members of the public may rely on your Information as accurate, current, and complete. To enable Shumkar Express to use your Information, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display, and distribute such Information to prepare derivative works or incorporate into other works, such Information, in any media now known or not currently known. Shumkar Express does not assert any ownership over your Information; rather, as between you and Shumkar Express, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
PROMOTIONS PROGRAMS
Shumkar Express, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your agreement or relationship with Shumkar Express. Shumkar Express reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Shumkar Express determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
INTELLECTUAL PROPERTY RIGHTS GENERALLY
The Shumkar Express Platform, the content and the company’s proprietary assets, and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (excluding the User-generated content) (collectively, “Intellectual Property”), are owned by and/or licensed to Shumkar Express and are protected by applicable copyright and other intellectual property laws and international conventions. All rights not expressly granted to you hereunder are reserved by Shumkar Express and its licensors.
The Agreement does not convey to you an interest in or to Shumkar Express’s Intellectual Property but only a limited revocable right of use in accordance with the Agreement. Nothing in the Agreement constitutes a waiver of Shumkar Express’s Intellectual Property under any law.
To the extent you provide any feedback, comments, or suggestions to Shumkar Express (“Feedback”), Shumkar Express shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual, and irrevocable license to incorporate the Feedback into any Shumkar Express current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed to be non-confidential. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Shumkar Express to comply with any additional obligations with respect to any of Shumkar Express’s current or future products, technologies, or services that incorporate any Feedback.
TRADEMARKS AND TRADE NAMES
Shumkar Express’s marks and logo and all other proprietary identifiers used by Shumkar Express in connection with the Shumkar Express Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof) (“Company Trademarks”), are all trademarks and/or trade names of Shumkar Express, its licensors or other providers of such material and are protected by United States and international trademark, trade secret, and other intellectual property or proprietary rights laws whether or not registered. All other trademarks, service marks, trade names, and logos that may appear on the Shumkar Express Platform belong to their respective owners (“Third Party Marks”). No right, license or interest to Company Trademarks and/or to the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks and therefore you will avoid using any of those marks.
COPYRIGHT
All content included in or made available through any Shumkar Express Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Shumkar Express or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Shumkar Express Platform is the exclusive property of Shumkar Express and protected by UAE and international copyright laws.
DISCLAIMERS
The following disclaimers are made on behalf of Shumkar Express, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective vendors, officers, directors, employees, agents, licensors, suppliers, members, and shareholders (“Shumkar Express Representatives”):
To the fullest extent legally permissible, the Shumkar Express Platform, all content, software, functions, material, services and the user-generated content, and information made available, are provided on an “as is” “with all faults” and “as available” basis, and Shumkar Express including its Shumkar Express Representatives, disclaim, to the fullest extent permitted by law, all warranties of any kind, express, implied or statutory, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability, or fitness for a particular purpose and those arising from a course of dealing or usage of trade. You may have additional consumer rights under your local laws that this Agreement cannot change.
We do not warrant that your use of the Shumkar Express Platform, your use of the materials on the Shumkar Express Platform, or your use of any websites or materials linked to the Shumkar Express Platform, will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Shumkar Express Platform will be corrected, or that the Shumkar Express Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to connectivity and availability of the Shumkar Express Platform.
Shumkar Express expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
We are not responsible for the use of any personal information that you disclose to other Users on the Shumkar Express Platform. Please carefully select the type of information that you post on the Shumkar Express Platform or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Shumkar Express or made available through the Shumkar Express Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Shumkar Express Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Shumkar Express Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Shumkar Express Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, or incomplete location data may lead to death, personal injury, property, or environmental damage. Neither Shumkar Express, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Shumkar Express Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Shumkar Express Platform may be accessible to Shumkar Express and certain Users of the Shumkar Express Platform.
Shumkar Express shall not be liable for delays or defaults in furnishing the services or products hereunder including technological, computer hardware, or software errors, delays, or breakdowns, and including any delays or defaults on the part of Shumkar Express that are due to causes beyond the reasonable control of Shumkar Express including those caused by attacks from unauthorized users who access Shumkar Express’s technological infrastructure.
CONFIDENTIALITY
You agree not to use any technical, financial, strategic, and other proprietary and confidential information relating to Shumkar Express’s business, operations, and properties, including User information (“Confidential Information”) disclosed to you by Shumkar Express for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Shumkar Express in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Shumkar Express with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Shumkar Express or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Shumkar Express; becomes known to you, without restriction, from a source other than Shumkar Express without breach of this Agreement by you and otherwise not in violation of Shumkar Express’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Shumkar Express to enable Shumkar Express to seek a protective order or otherwise prevent or restrict such disclosure.
NON-PERSONAL DATA; HOLD HARMLESS; OUR TRANSMISSIONS
Shumkar Express may enable visitors to the Shumkar Express Platform to post reviews, comments, and other content to the Shumkar Express Platform. Any material, information, or idea you transmit to or post on the Shumkar Express Platform by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Shumkar Express or its affiliates for any purpose whatsoever, including, but not limited to the development of sales and marketing products. Shumkar Express has no obligation with respect to such material, information or ideas, and you agree to hold Shumkar Express’s Representatives harmless for any use of same by any entity or person.
Shumkar Express does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information that may be displayed or distributed through the Shumkar Express Platform. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Shumkar Express reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Shumkar Express Platform.
Shumkar Express does not and cannot review, and has no obligation to monitor, all materials posted to the Shumkar Express Platform by Users, and Shumkar Express is not responsible for any such materials posted by Users.
Shumkar Express reserves the right at all times (i) to disclose any information as necessary to satisfy any law, regulation, court order, or government request; or (ii) to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Shumkar Express’s sole discretion are objectionable or in violation of this Agreement.
PRIVACY; WAIVER OF INFRINGEMENT AND OTHER CLAIMS
By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively “Communications”) to the Shumkar Express Platform, you hereby grant to Shumkar Express a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications, in all media now known or hereafter developed.
You acknowledge that transmissions to and from this Shumkar Express Platform are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Shumkar Express, no confidential, fiduciary, contractually implied, or other relationship is created between you and Shumkar Express other than pursuant to this Agreement.
You hereby waive all rights to any claim against Shumkar Express for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
Notwithstanding the foregoing, all personal data provided to the Shumkar Express Platform will be handled in accordance with the Shumkar Express Platform’s Privacy Policy.
OUR LINKS; LIMIT OF LIABILITY
The Shumkar Express Platform may provide links to other websites or resources. These links are provided by Shumkar Express only as a convenience. The inclusion of any link does not imply any affiliation, association, adoption, or endorsement by Shumkar Express of the site or any of the information or content therein. Because these linked sites and resources are not under the control of Shumkar Express, you acknowledge and agree that Shumkar Express is not responsible or liable for the content, advertising, products, services, or other materials on any linked site or any review, changes, or updates to such sites, or any use thereof. It is the user’s responsibility to take precautions to ensure that whatever linked site and resource is selected is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
INDEMNITY
You will defend, indemnify, and hold Shumkar Express and our Shumkar Express Representatives (collectively, the “Indemnified Parties”) harmless from any claims, actions, suits, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) incurred by the Indemnified Parties relating to or arising out of your use of the Shumkar Express Platform including (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party; (3) any allegation that any materials that you submit to us or transmit through the Shumkar Express Platform or to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Shumkar Express Platform. You shall cooperate as fully as reasonably required in the defense of any claim. Shumkar Express reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Shumkar Express. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
LIMITATION OF LIABILITY
The use of the Shumkar Express Platform is solely at your own risk. To the maximum extent legally permissible, in no event shall Shumkar Express and/or Shumkar Express’s Representatives be liable for any damages whatsoever, including, but not limited to, direct, indirect, special, punitive, exemplary, incidental, or consequential damages of any kind, under any legal theory (including, without limitation, contract, negligence, tort, or strict liability) (including without limitation, loss of goodwill, profits or data, and business interruption) arising hereunder, resulting from or arising out of or relating to the Shumkar Express Platform and/or the content, your use or inability to use Shumkar Express Platform and/or the content, the failure of the site to perform as represented or expected, or from the performance or failure of Shumkar Express to perform under these terms, any other act or omission of Shumkar Express by any other cause whatsoever; or based upon breach of warranty, guarantee or condition, breach of contract, negligence, strict liability, tort, or any other legal theory, regardless of whether Shumkar Express has been advised of the possibility of such damages.
DISPUTE RESOLUTION AND ARBITRATION PROCEDURES
Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by mandatory binding arbitration in Dubai, UAE before a single neutral arbitrator unless the matter in controversy is within the scope of an applicable small claims court’s jurisdiction. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude Shumkar Express or you from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND SHUMKAR EXPRESS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
MISCELLANEOUS PROVISIONS Except as provided in other sections of this Agreement, this Agreement shall be governed by the laws of the Dubai Government without regard to the choice of law principles. This choice of law provision is only intended to specify the use of Dubai law to interpret this Agreement and is not intended to create any other substantive right for non-Dubains to assert claims under Dubai law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Shumkar Express, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Shumkar Express shall be given by certified mail, postage prepaid, and return receipt requested to Shumkar Express. Any notices to you shall be provided to you through the Shumkar Express Platform or given to you via the email address or physical you provide to Shumkar Express. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Shumkar Express with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written. The Shumkar Express Platform could contain technical or other inaccuracies or outdated material. Shumkar Express may at any time revise these Terms of Use by updating this posting. By using the Shumkar Express Platform, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Use by which you are bound. Shumkar Express makes no commitment to update materials on the Shumkar Express Platform.
If you have any questions regarding the Shumkar Express Platform, please contact our Customer Support Team at P.O. BOX 45285, Dubai, or write us at [email protected].
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