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TERMS OF USE

The http://www.sochivi.com/ website (Site) is operated by Byte Media FZ LLC (we, us, our), and these Terms of Use apply to the visitors and users of the Site (you, your), including the products, services, Content (as defined below), tools, and information on the Site. By using or accessing the Site, you agree to these Terms of Use.

We may at any time vary these Terms of Use for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the Site, by publishing the varied Terms of Use on the Site. We will indicate on the Site that these Terms of Use have changed. You accept that by doing this, we will have provided you with sufficient notice of the variation to the Terms of Use. By using the Site after any variation to these Terms of Use, you have indicated your acceptance to the then current Terms of Use.

  • [ 1 ] USE OF SITE

    The Site is provided to facilitate the exchange of information and classifieds amongst buyers and sellers of goods and services and to enable bookings to be made through a third party online booking portal. The Site is not provided for any other purposes. We do not conduct, or in any way participate in, the actual sale of goods or services through the Site. The Site is intended only for your personal use. Unless otherwise specified, you alone are solely responsible for determining whether any feature of the site is appropriate or suitable for your requirements.

  • [ 2 ] NO WARRANTIES

    2.1 We do not warrant, represent or undertake that:

    (a) the Site will meet your needs, or that it will be uninterrupted, timely, secure, error-free or free from viruses;

    (b) the information obtained from or available on the Site will be accurate or reliable, or that the quality of any information, or other material obtained by you through your use of the Site will meet your expectations; or

    (c) content descriptions, photographs, videos or any representations or warranties made available on the Site including but not limited to those relating to the goods and services being advertised on the Site, are accurate.

    2.2 All warranties implied by law, except those that cannot be lawfully excluded, are excluded.

  • [ 3 ] USE OF THE SITE

    3.1 The Site allows users to offer for sale either or both goods or services to others who use the Site. The Site facilitates the transfer of information regarding prospective buyers and sellers. We do not control, and are not responsible, for the accuracy, completeness, reliability or fitness for any purpose, of the information available through the Site that is provided by anyone other than us. You shall be solely responsible for any sale, purchase or other transaction that results from or are concluded as a result of the information provided on the Site.

    3.2 Much of the information contained on the Site, including all listings, classifieds, pictures, descriptions, job vacancies and advertisements (‘Content’), is provided by users who are independent third parties. You acknowledge and agree that you:

    (a) may be exposed to Content that is objectionable, indecent, misleading, offensive or otherwise unfit;

    (b) shall bear all risks associated with the Content and that any loss or damage arising from your use of, or reliance on, the Content shall be at your sole cost; and

    (c) shall have no claim against us or the Site for any loss or damage arising from your use of, or reliance on, the Content.

    3.3 We take no responsibility and assume no liability for any Content posted, stored or uploaded onto the Site by you or any third party, or for any loss or damage to that Content, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Site.

  • [ 4 ] SUBMISSION OF CONTENT

    4.1 You shall be solely responsible for the Content you post, cause to be posted, link or otherwise make available on or through the Site and the consequences of making available any such Content on the Site.

    4.2 By submitting, directly or indirectly, any Content to the Site, or causing to be submitted any Content to the Site (Submissions), you grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to:

    (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised and for any purpose, including, without limitation, in advertising programs and promotions for the Site; and

    (b) use the name that you submit in connection with such Submission. You also grant us the right to pursue at law any person or entity that violates your or our rights in the Submissions by a breach of these Terms of Use provided that we shall be under no obligation to do so. You acknowledge and agree that all Submissions are non-confidential and non-proprietary.

    You agree to do all things and execute all documents required to allow us to take full advantage of the rights granted to us by this clause.

    4.3 You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish or make available through the Site any:

    (a) Content that is false, misleading, erroneous or is otherwise likely to cause confusion to users of the Site;

    (b) Content that is unlawful, libelous, defamatory, offensive to any religious or moral groups, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

    (c) Content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local or national or international law, including, without limitation, the regulations of the relevant stock exchange regulator in that jurisdiction in which the Content is published;

    (d) Content that may infringe any patent, trade mark, trade secret, copyright or other intellectual or proprietary right of any party;

    (e) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including us;

    (f) political campaigning, contests, raffles, or solicitations not in accordance with these Terms of Use;

    (g) private information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses and credit card numbers;

    (h) viruses, corrupted data or other harmful, disruptive or destructive files;

    (i) Content that is unrelated to the purpose of the Site; or

    (j) Content or links to Content that, in our sole judgment, either:

    (i) violates any of the above;

    (ii) is objectionable;

    (iii) suggests any form of association, approval or endorsement on our part where none exists;

    (iv) which restricts or inhibits any other person from using or enjoying the Site; or

    (v) exposes (or may expose) us, any of our affiliates or other users of the Site to any harm or liability of any type.

    4.4 Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through the Site, we may, in our absolute discretion, remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

    4.5 If it is determined that you retain any moral rights (including rights of attribution or integrity) in the Content, you hereby declare that:

    (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates to the Content;

    (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by us or our affiliates, licensees, successors and assigns;

    (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and

    (d) you forever release us and our affiliates, licensees, successors and assigns from any claims that you could otherwise assert against us by virtue of any such moral rights.

    4.6 Your use of the Site in violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Site. In order to cooperate with legitimate governmental requests, summons or court orders, to protect other users of the Site, our systems and customers, or to ensure the integrity and operation of our business and systems, we may store, access and disclose any information we consider necessary or appropriate, including, without limitation, your user profile information (i.e. name, email address, etc.), IP address and traffic information, usage history, and Content submitted to this Site. Our right to disclose any such information shall take precedence over any terms of our Privacy Policy (http://sochivi.com/privacy).

  • [ 5 ] THIRD PARTY COMPANIES AND MATERIAL AND ADVERTISING INFORMATION

    5.1 The Site may contain:

    (a) links to websites which are owned or operated by third parties independent of us (Third Party Companies);

    (b) material, including information about products, services, deals and offers which are provided by third parties and information contained in blogs, articles, product reviews, service reviews and other such information published or otherwise made available on the Site (Third Party Material); and

    (c) personal information relating to other users of the Site (Advertising Information) that is provided by those users in connection with advertisements and classifieds that are made available through the Site.

    We make no representations or endorsements in relation to any Third Party Companies, Third Party Material or Advertising Information, and we are not responsible or liable for the same. Your use of Third Party Companies and your use of and access to Third Party Material and Advertising Information is entirely at your own risk. You rely on any information contained in Third Party Material, and any Advertising Information, at your own risk.

    5.2 You must:

    (a) use Advertising Information strictly for the purpose for which it was provided;

    (b) not collect, store, compile or otherwise collate in any manner Advertising Information available through the Site;

    (c) not share, disclose, publish or make available Advertising Information to any other person; and

    (d) adhere to any requests from the users to whom Advertising Information belongs, such as requests not to be contacted or only to be contacted in a specified manner, that may be issued to you by the user to whom the Advertising Information belongs.

    5.3 The fact that Third Party Material and Advertising Information, and links to Third Party Companies, appear on the Site, does not imply any endorsement, verification or approval of that Third Party Material or Advertising Information or those Third Party Companies.

    5.4 Subject to any applicable law which cannot be excluded, we make no warranties, representations or undertakings whatsoever:

    (a) regarding the suitability, quality, accuracy, merchantability or fitness for purpose of any Third Party Material, Advertising Information or products or services available through Third Party Companies or Third Party Material; or

    (b) that Third Party Material does not infringe the intellectual property rights of any person.

    5.5 Third Party Companies are independent contractors and are not our agents or employees.

    5.6 Any blogs, articles or other such information provided on the Site represent the personal views of the author and should not, under any circumstances, be considered to be approved, endorsed or in any way supported by us.

  • [ 6 ] PROVISION OF ADVERTISING INFORMATION

    6.1 By using the Site and providing Advertising Information, you consent to your Advertising Information being shared with other users of the Site by us.

    6.2 We shall not be liable for any misuse of your Advertising Information by other users of the Site who have obtained such information through the Site.

    6.3 You shall be responsible for ensuring that the Advertising Information provided by you is, at all times, accurate and up to date. You shall be solely responsible for any deficiency in the Advertising Information provided by you.

    6.4 You acknowledge and agree that we are not responsible for the misuse, by other users of the Site, of any Advertising Information that you disclose to us for the purposes of being made publically available through the Site, or that you share with other users of the Site.

  • [ 7 ] MEANS OF ACCESS

    7.1 The Site is generally intended to be viewed by a conventional web browser with a screen resolution of 1024 by 768 pixels or greater. Although you may use other means to access the Site, be aware that the Site may not appear accurately through other access methods.

    7.2 You use the Site entirely at your own risk.

    7.3 You must not access the Site through devices or services that are designed to provide high-speed, automated, repeated access.

    7.4 Certain parts of the Site are protected by passwords or require a login. You must not obtain or attempt to obtain unauthorised access to such parts of the Site, or to any other protected materials or information, through any means not intentionally made available by us for your specific use.

  • [ 8 ] ELIGIBILITY AND REGISTRATION

    8.1 In order to access the Site, you must satisfy the minimum age requirement of 21 years (measured according to the Gregorian calendar) and have full legal capacity.

    8.2 Any person under the age of 21 years (measured according to the Gregorian calendar) accessing the Site must have permission from their parent or guardian to do so.

    8.3 You warrant, represent and undertake that you possess the legal right and ability to access the Site in accordance with these Terms of Use.

  • [ 9 ] ONLINE ACCOUNT

    9.1 In order to make use of certain parts of the Site, you will need to register an online account with us through this Site (Online Account). In order to register an Online Account, you must:

    (a) satisfy the minimum age requirement of 21 years (measured according to the Gregorian calendar);

    (b) provide us with complete and accurate registration information including your full name, gender, location, phone number and email address and, if you chose, your photograph;

    (c) ensure your use of the Site is in accordance with these Terms of Use and any applicable laws; and

    (d) select a username and password (Log-In Details).

  • [ 10 ] PASSWORD SECURITY AND NOTIFICATION

    You are solely responsible for all activities that occur in connection with your Log-In Details in respect of the Site and your Online Account. Accordingly, you must take steps to protect the confidentiality of your Log-In Details. You must notify us immediately if you become aware of any disclosure, loss, theft or unauthorised use of your Log-In Details.

  • [ 11 ] LINKS TO AND FROM THE SITE

    11.1 You must not establish a link from any website that you do not own.

    11.2 Our Site must not be framed on any other site, 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.

    11.3 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  • [ 12 ] LIMITATION OF LIABILITY

    12.1 Subject to any responsibilities implied by law and which cannot be excluded, none of our directors, employees, agents or contractors, are liable to you for any losses, damages, liabilities, claims and expenses (including without limitation but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content, Third Party Material, Third Party Companies, disclosure if your User Information or your access to the Site, however caused, whether in contract, tort (including negligence), statute or otherwise.

    12.2 We will not be liable to you or anyone else for any loss resulting from a cause over which we do not have control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and Internet), unauthorised access, acts or omissions of third parties, viruses, theft, operator errors, severe or extraordinary weather (including flood, earthquake, or other act of God), fire, war, insurrection, terrorist act, riot, labour dispute or other labour problems, accident, emergency, delay, overbooking, cancellation, Royal demise or action of government.

  • [ 13 ] INDEMNITY

    You indemnify us in full in respect of any liability incurred by us for any loss, cost, damage, or expense howsoever caused, or suffered by us as a result of your breach of these Terms of Use. Where you use the Site inappropriately or maliciously, you agree that you will indemnify us against any losses suffered by us or any third parties as a result of or in connection with such use.

  • [ 14 ] AVAILABILITY OF THE SITE

    14.1 As electronic services are subject to interruption or breakdown, access to the Site is offered on an “as is” and “as available” basis only.

    14.2 We may, at our sole discretion, impose limits or restrictions on the use you may make of the Site. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these Terms of Use, we may withdraw the Site or your access to the Site, at any time and without notice to you.

  • [ 15 ] RESTRICTIONS ON USE OF THE SITE

    15.1 You agree that you will not (either yourself or through any third party):

    (a) use the Site in any manner that could, or could reasonably be expected to, damage or overburden any of our servers, or any network connected to any of our servers;

    (b) use the Site in any manner that would, or could reasonably be expected to, interfere with any other party’s use of the Site or which is, or which is likely to be, in contravention of any applicable laws or any party's rights or legal entitlements under any applicable laws;

    (c) use any robot, spider, screen scraper, data aggregation tool or other automatic device, routine or process (Automated Process) to process, monitor, copy or extract any web pages on the Site, or any of the information, Content or data contained within or accessible through the Site, without our prior written permission;

    (d) use any Automated Process to aggregate or combine information, Content or data contained within or accessible through the Site with information, Content or data accessible via or sourced from any third party;

    (e) use any Automated Process to interfere or attempt to interfere with the proper working of the Site or any transaction or process being conducted on or through it;

    (f) misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which may be malicious or technologically harmful;

    (g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the Site;

    (h) attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site;

    (i) attempt to attack the Site via a denial-of-service attack or a distributed denial-of-service attack;

    (j) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the Site; or

    (k) copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any Content from the Site without our prior written permission.

    15.2 We may at our sole discretion, report a breach of clause ‎15.1to any relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

  • [ 16 ] PRIVACY

    Your privacy and security is very important to us. Certain data items are collected and used by us and the Site in order to provide your Online Account and other online services. The Site will record and track the use you make of the Site through the use of, among other things, cookies and other monitoring tools and devices. The use of this data is subject to our Privacy Policy (http://sochivi.com/privacy). The Privacy Policy is deemed to be part of these Terms of Use and you must read it in full. If you do not indicate your acceptance of the terms of the Privacy Policy, you may not use the Site.

  • [ 17 ] COPYRIGHT AND TRADE MARKS

    17.1 The SOCHIVI trade marks (Trade Marks) are the sole property of us or our licensors. Third party trade marks are trade marks of the respective third parties.

    17.2 You may only use and/or reproduce the Trade Marks with our express written consent.

    17.3 Except where necessary for and incidental to personally viewing the Site through your web browser, or as permitted by these Terms of Use or under applicable laws, no part of the Site may be reproduced, stored (for any period of time) in an electronic or any other retrieval system, modified, adapted, uploaded to a third party location, framed, performed in public, or transmitted, in any form by any process whatsoever, without our specific prior written consent.

  • [ 18 ] TERMINATION

    18.1 We may terminate either or both of your Online Account and your access to the Site for any or no reason, at any time, with or without notice to you and without incurring any liability to you, however that liability may arise.

    18.2 All restrictions and all disclaimers and exclusions and limitations of our liability will survive any termination. Upon termination, you must not directly or indirectly access or use the Site.

    18.3 In particular but without limitation, any breaches of clauses ‎4.3 or ‎15 may result in the immediate suspension of your Online Account.

  • [ 19 ] GENERAL

    19.1 The law applicable to the Site and to disputes arising out of the Site are the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates applicable in the Emirate of Dubai. You irrevocably submit to the exclusive jurisdiction of the courts of the Emirate of Dubai.

    19.2 We may perform any of our obligations, and exercise any of the rights granted to us under these Terms of Use, through a third party. We may assign any or all of our rights and obligations under these Terms of Use to any third party.

    19.3 If any clause or part of any clause of these Terms of Use is found to be void, unenforceable or invalid, then it will be severed from these Terms of Use, leaving the remainder in full force and effect, provided that the severance has not altered the basic nature of these Terms of Use.

    19.4 You may not rely on our words or conduct as a waiver of any right unless the waiver is in writing. In this clause, “conduct” includes delay in the exercise of any right. For the purposes of this clause, “right” means any of our rights arising under or in connection with these Terms of Use or otherwise, and includes the right to rely on this clause.