Terms & Conditions
The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and JUGAAD FZ LLC (the "Company"). In order to use the Service and the associated Software you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by the Company (collectively, the "Service"), and downloading, installing or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the "Software"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at https://www.jugaad.ae/terms & conditions or through the Service.
Representations and Warranties
By using the Software or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. The Service and Software is not available to children (persons under the age of 18). By using the Software or Service, you represent and warrant that you (a) you are at least 18 years old; (b) that all materials of any kind submitted by you to COMPANY through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website. By using the Software or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Software is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Software or Service you agree to comply with all applicable laws.
By using the Software or the Service, you agree that:
- You will only use the Service or Software for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service or Software to cause nuisance, annoyance or inconvenience.
- You will not copy, or distribute the Software or other content without written permission from the Company.
- You will provide us with whatever proof of identity we may reasonably request.
- You are aware that when requesting courier services by SMS, standard messaging charges will apply.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
- You will only use the Software and Service for your own use and will not resell it to a third party.
- You will not impair the proper operation of the network.
- You will not try to harm the Service or Software in any way whatsoever.
- You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Service.
- You will not abuse our promotional or credit code system by redeeming multiple coupons at once.
To book a service, you will be required to register your personal information, including your name, address, phone number, and email address ("User Profile") on the Website. By creating a User Profile, you acknowledge that the information provided by you is true and that you will update such information to ensure that your User Profile is constantly up to date. A User Profile can be updated simply by logging in to your account and amending your submitted information as may be required.
Intellectual Property Ownership
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Software or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Software and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
You acknowledge and agree that COMPANY will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At COMPANY's request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to COMPANY or perfect these rights, titles or interests in COMPANY's name. DISCLAIMER OF WARRANTY, LIMITATION OF DAMAGES. COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTY OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS IN RELATION TO THE AVAILABILITY, ACCURACY, VALIDITY, RELIABILITY OR CONTENT OF THESE PAGES AND/OR THE SITE. COMPANY ALSO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION THAT IS SUBMITTED, DISPLAYED OR UPLOADED THROUGH THE SITE BY ANY USER. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF COMPANY WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT OF LIABILITY PERMITTED BY LAW.
You are the sole authorized User of any account you create with the Software. You are responsible for maintaining the confidentiality of any password or account number provided by you or the Company for accessing the Software. You are solely and fully responsible for all activities that occur under your password or account. If you use COMPANY Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account from any devices, and you agree to accept responsibility for all activities that occur under your account or password. The Site shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section. The Company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify the Company immediately.
Any fees which the Company may charge you for the Software or Service, are due immediately and are non- refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Software or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Software as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service of Software.
Changes and Cancellation
You may cancel or amend a service, free of charge, up to 24 hours before the time and date the service are to be undertaken ("Scheduled Booking Time"). If you cancel or amend a service request within 24 hours of the Scheduled Booking Time, you will have to pay a cancellation fee equivalent up to two (2) hours' worth of services.
Third Party Interactions
During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Software or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third- party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Software, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Software and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, agents, subsidiaries, other partners and affiliates (each, an "Indemnified Party"), from and against any losses, claims, demands, liability, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party or any third party arising out of, relating to or resulting from your use or unauthorized use of the Software/site including also your use of the Site to provide a link to another site or to upload content or other information to the Site or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any laws of the Emirate of Dubai and the applicable Federal Laws of United Arab Emirates. The Company shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
LICENCE GRANTED TO YOU
By providing materials to COMPANY, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted COMPANY an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. COMPANY may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against COMPANY for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to COMPANY. Any communication or materials you send to COMPANY will be treated as non- confidential and non-proprietary and may be disseminated or used by COMPANY for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.
The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. COMPANY is not responsible for the acts or omissions of any advertiser or sponsor.
Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.
Use of the software is entirely at your own risk. Changes are periodically made to the website and may be made at any time without notice to you. The software is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the content provided through the software or the content of any websites linked to the service. The Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service or the software; (iii) any unauthorized access to or use of the Company's secure servers and/or any and all personal information and/or financial information stored therein.
The Company does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful goods. If your use of the website results in the need for servicing or replacing equipment or data, the Company shall not be responsible for those costs. The company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including without limitation the warranty of merchantability, non-infringement of third party rights and the warranty of fitness for a particular purpose. The Company makes no warranties about the accuracy, reliability, completeness or timeliness of the content, services, software, software, text, graphics or links. The Company and its affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Jugaad.ae is a website owned and operated by Jugaad FZ LLC, based in Creative Freezone, Fujairah, UAE.
Jugaad FZ LLC is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the site. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this Web site is correct, complete, and up-to-date. Although jugaad.ae may include links providing direct access to other Internet resources, including Web sites, Jugaad FZ LLC is not responsible for the accuracy or content of information contained in these sites. Links from MoveSouq.com to third-party sites do not constitute an endorsement by Jugaad FZ LLC of the parties or their products and services. The appearance on the Web site of advertisements and product or service information does not constitute an endorsement by Jugaad FZ LLC, and Jugaad FZ LLC has not investigated the claims made by any advertiser. Product information is based solely on material received from suppliers.
The Company's service and software may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
- SITE OPERATION: United Arab Emirates is our Country of Domicile. COMPANY controls this Site from the U.A.E. COMPANY makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.
- MULTI-CURRENCY PRICED TRANSACTION, the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.
- OFFICE FOREIGN ASSETS CONTROL (OFAC) SANCTIONED COUNTRIES. COMPANY will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific.
- PERMITTED USE. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than for personal use, unless otherwise specifically authorized by COMPANY to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by COMPANY to do so. The content and software on this Site is the property of COMPANY. The cardholder must retain a copy of transaction records and Merchant policies and rules.
NO COMMERCIAL USE
You may not use this Site for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain COMPANY's prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. COMPANY will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.
LINKS AND SEARCH RESULTS
The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. COMPANY has no control over these sites or the content within them. COMPANY does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. COMPANY does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against COMPANY for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at email@example.com.
COMPANY may terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to this Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
At its sole discretion, the Company may modify or discontinue the Software, or may modify, suspend or terminate your access to the Software or the Service, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Software. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
The Company will not be liable for any delay or failure to perform resulting from causes outside of its reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
VIOLATION OF TERMS OF US
Any dispute, claim or controversy arising out of or in connection with this Agreement, including a dispute, claim or controversy arising in relation to its interpretation or relating to any non-contractual obligations arising out of or in connection with this agreement (a "Dispute") shall be settled amicably between the parties following the receipt by either party of written notice of the Dispute from the other party. In the event that a Dispute cannot be settled amicably within a period of 90 days from the date on which the relevant party notifies the other in writing that a Dispute has arisen, the parties agree that such Dispute shall be referred to and finally settled by arbitration under the DIFC-LCIA Arbitration Rules (the "Rules"), which Rules are deemed to be incorporated by reference into this Agreement. The seat, or legal place, of arbitration shall be the DIFC.
The number of arbitrators shall be three. Each party will nominate one arbitrator for appointment by the LCIA Court. The third arbitrator, who shall act as chairman, shall jointly be nominated by the other arbitrators so nominated and appointed by the LCIA Court.
The language to be used in the arbitration shall be English.
The award made by the arbitrator shall be final and binding on the parties and may be enforced in any court of competent jurisdiction. To the extent permissible by law, the parties hereby waive any right to appeal against the decision of the arbitrator.
This "Dispute Resolution" section will survive any termination of this Agreement.