Terms & Conditions | ewmoda

Terms & Conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EXPATWOMAN.COM AND EWMODA.COM STATING THE TERMS THAT GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING AND USING THE WEBSITE YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE WEBSITE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS OR DELETIONS ARE NOT ACCEPTABLE AND EXPAT WEB SERVICES MAY REFUSE ACCESS TO THE WEBSITE FOR NON- COMPLIANCE WITH ANY OF THE TERMS OF THIS AGREEMENT.

Terms of Use

 

1. Acceptance of Terms of Use

ExpatWoman.com (EW) and ewmoda.com is a community content website operated by Expat Web Services FZ LLC (EXPAT WEB SERVICES FZ LLC). Content (as defined in Clause 3 below) is uploaded by EXPAT WEB SERVICES FZ LLC and other EW users.

These are the terms on which EXPAT WEB SERVICES FZ LLC allows you to access and use ExpatWoman.com and ewmoda.com, whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use the site.

By accessing and using ExpatWoman.com and ewmoda.com, you are accepting these Terms of Use and agreeing to abide by them.

If you do not agree to these Terms of Use, then you are not permitted to use the site.

2. Expat Web Services’ Proprietary Rights

You agree that EWS (or its affiliates, as the case may be) is the owner or the licensee of all intellectual property rights in ExpatWoman.com and ewmoda.com, and the site itself is a collective work and/or compilation solely owned by EWS. EW is protected by copyright laws and treaties around the world.

You may not copy, distribute, reproduce, sell, lease, assign, rent, sublicense, encumber any aspect of the ExpatWoman.com and ewmoda.com or any Content (as defined in Clause 3 below).

You also may not modify or create derivative works of any aspect of ExpatWoman.com and ewmoda.com or any Content (as defined in Clause 3 below), other than with respect to your own Content (as defined in Clause 3 below).

You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in ExpatWoman.com and ewmoda.com or any software or database connected to EW.

3. Content

"Content" refers to any listing, feature, forum posting, event listing, property listing, review, posting, message, text, file, image, photo or any other material posted on EW and ewmoda.com.

By posting Content on ExpatWoman.com and ewmoda.com:

you grant EXPAT WEB SERVICES FZ LLC the non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to use, copy, reproduce, distribute perform, display, modify or create derivative works of the Content perpetually and for any lawful purpose EXPAT WEB SERVICES FZ LLC sees fit;

you warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license in the preceding sentence;

you permit any other user of EW to access, display, view, store and reproduce such Content; and

you grant EWS the right to prohibit the subsequent access, storage and reproduction or use of said Content by any party to any extent EXPAT WEB SERVICES FZ LLC sees fit.

EXPAT WEB SERVICES FZ LLC is not responsible for, and no reliance should be placed, in any way on any Content posted, transmitted through or linked to ExpatWoman.com and ewmoda.com.

EXPAT WEB SERVICES FZ LLC reserves the right to (1) refuse to share or display, (2) move; or (3) delete any Content posted on ExpatWoman.com and ewmoda.com.

EXPAT WEB SERVICES FZ LLC updates ExpatWoman.com and ewmoda.com regularly, and may change the Content at any time. Any of the Content may be out of date at any given time, and we are under no obligation to update such material.

4. Paid Content

Content posted on the Website that requires payment, whether by Credit Card through the website, or by cheque via a commercial contract is paid content ("Paid Content") and must be paid for by the originator of the Paid.

Prepaid Listings:

Users wishing to list Paid Content on the Website will be directed to a third-party payment processing site. Upon receipt of a payment confirmation from the third-party payment processing site, EXPAT WEB SERVICES FZ LLC shall list the Paid Content to the appropriate section of ExpatWoman.com and ewmoda.com.

Paid Content purchased using EXPAT WEB SERVICES FZ LLC’s nominated third-party payment processing site must be paid for with a credit or debit card issued by Visa or MasterCard. You must be authorized to use the payment method you select.

For the avoidance of doubt and for the purpose of interpreting these Terms of Use Paid Content shall be considered as a category of Content and these Terms of Use shall apply equally to Content, Paid Content and the originators of both.

In the event that Paid Content violates any aspect of these Terms of Use, EXPAT WEB SERVICES FZ LLC may, in its sole discretion and without warning or refund (i) remove the Paid Content from ExpatWoman.com and ewmoda.com and/or (ii) take necessary steps to prevent persons who posted the relevant Paid Content from accessing EW.

Subject to ongoing compliance with these Terms of Use (as determined by EXPAT WEB SERVICES FZ LLC in its reasonable discretion) and EXPAT WEB SERVICES FZ LLC’s right to remove or alter Content hereunder, Paid Content shall be displayed on ExpatWoman.com and ewmoda.com for such period as determined by EXPAT WEB SERVICES FZ LLC, from time to time, for the relevant section of the Website where such Paid Content was uploaded (e.g., Property for Sale, Property for Rent, etc.). You may delete any Paid Content prior to the end of such period, and EXPAT WEB SERVICES FZ LLC shall have no further responsibility to display such deleted content.

EXPAT WEB SERVICES FZ LLC is neither responsible nor liable for the perceived success or failure of any Paid Content posted on the Website.

5. Links to Third Party Sites

Where the Website 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.

6. Notification of Claims of Infringement

It is forbidden to post any Content that violates any international, federal, national, local copyright, patent, trademark or other intellectual property laws applicable in the United Arab Emirates.

EXPAT WEB SERVICES FZ LLC is not responsible for any Content submitted by a user that infringes another’s proprietary rights.

If you are aware of any Content that you believe infringes on yours or a third party’s proprietary rights, please contact our Admin team.

Please include in any such notice:

  • a link to the alleged infringing material;
  • a description of the alleged infringing material;
  • a statement contesting that the copyrighted material was not posted by the holder or permitted licensee of said copyright;
  • your contact details (including email address); and
  • your signature (physical or electronic).

 

EXPAT WEB SERVICES FZ LLC may, but is under no obligation to screen or monitor any Content. If notified of Content which allegedly does not conform to these Terms of Use or infringes a third party’s proprietary rights, EXPAT WEB SERVICES FZ LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the Content. EXPAT WEB SERVICES FZ LLC has no liability or responsibility to users for performance or non-performance of such activities.

7. Privacy Policy

EXPAT WEB SERVICES FZ LLC respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy found here: Privacy Policy. By agreeing to these Terms, you are also accepting the terms of our Privacy Policy.

8. Access and Linking to the Website

Your access to the Website is provided on a non-exclusive, temporary and revocable basis by EXPAT WEB SERVICES FZ LLC, and EXPAT WEB SERVICES FZ LLC reserves the right to withdraw or amend your right to access to the Website without notice.

EXPAT WEB SERVICES FZ LLC will not be liable if for any reason the Website is unavailable at any time or for any period.

You may not:

  • use any robot spider, scraper or other automated means to access EXPAT WEB SERVICES FZ LLC and collect content for any purpose or otherwise copy or download content. A limited exception is granted to search engines and non-commercial public archives, but not for websites that include any form of classified listings; and
  • harvest or otherwise collect information about others, including email addresses, without their consent.
  • You may establish a hyperlink on your website to the Website, or to postings within the Website, for non-commercial use, so long as you do so in a way that is fair and legal and does not damage or take advantage of EXPAT WEB SERVICES FZ LLC’s reputation (or of any person connected to EXPAT WEB SERVICES FZ LLC.).
  • You must not establish a hyperlink in a misleading way or as to suggest any form of association, approval or endorsement of EXPAT WEB SERVICES FZ LLC or any other third party where none exists.
  • The Website must not be framed on any other website.
  • EXPAT WEB SERVICES FZ LLC reserves the right to withdraw or amend the above linking permission without advance notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms of Use.
  • You may not: use automated means to post content on EXPAT WEB SERVICES FZ LLC (via the web interface) without our consent.

 

9. Limitations on Your Usage of the Website

EXPAT WEB SERVICES FZ LLC may establish any limitations, in our sole discretion, on your usage of the Website, including, but not limited to, limitations on the length of time that Content may remain on the Website, the file size of an individual item of Content, number of items of Content that can be posted.

10. Conduct & Acceptable Use; No Spam

You agree to not post, email, or make available through the Website any Content that is objectionable to EXPAT WEB SERVICES FZ LLC or in contradiction to applicable laws or regulations. In this regard, you agree not to post, email or make available through the Website any Content that:

  • is unlawful, harmful, threatening, abusive, defamatory, libelous, invasive or any information harmful to minors;
  • is of a political nature and/or is critical of any government or municipal employee in any jurisdiction.
  • is pornographic or any kind of nudity, sexually explicit or perverse content;
  • is anti-Islamic or in any way derogatory towards Islam;
  • is racist or discriminatory content towards any race, religion, creed, nationality, gender or any other grouping of individuals;
  • impersonates any another person;
  • includes personally identifiable information about another person without their permission;
  • is false or deceptive;
  • solicits the sale of goods or services, except when (1) posted in the appropriately designated area of the Website for such sales, or (2) emailed to another user of the Website who expressly wish to be contacted by you;
  • includes links to other websites, except when (1) expressly approved by EXPAT WEB SERVICES FZ LLC in writing, and (2) posted in a posting uploaded by you in the appropriately designated area;
  • advertises the sale of anything illegal under any applicable law or regulation in the jurisdiction you are selling the product from or to;
  • violates any applicable international, federal, national, local copyright, patent, trademark or other intellectual property laws;
  • contains any software viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
  • disrupts the normal flow with an excessive number of messages; or
  • uses misleading contact details to disguise the true origin.

You further agree not to:

  • contact people who do not wish to be contacted;
  • stalk or harass other users of the Website;
  • collect personal information about users for commercial or unlawful purposes;
  • post Content that is irrelevant or unrelated to the category or discussion thread where such Content is posted;
  • post the same good or service in more than two categories;
  • to post, email, make available through the Website or contact EXPAT WEB SERVICES FZ LLC or any other users of the Website with any spam, junk mail, chain letters, pyramid or Ponzi schemes, or unsolicited email advertisements; or
  • attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website,

For the avoidance of doubt, the above list of prohibited content and actions is not exhaustive and EXPAT WEB SERVICES FZ LLC reserves the right to (i) remove any content that it considers (in its absolute and sole discretion) to be objectionable or in contradiction to applicable laws or regulations without notice; and (ii) take necessary steps to prevent persons who post content and/or conduct themselves in contravention of this Clause 9 from accessing the Website.

11. Dealings with Third Party Organization and Individuals

EXPAT WEB SERVICES FZ LLC operates the Website as an online community portal for buyers, sellers, consumers and community members. EXPAT WEB SERVICES FZ LLC does not sell any item listed on the Website directly and is never a party to any transaction between buyers and sellers. As a result, EXPAT WEB SERVICES FZ LLC does not (a) guarantee or ensure any item listed on the Website or any transaction between a buyer and seller, (b) collect or process payment or transfer of title on behalf of buyers or sellers, or (c) warehouse, store, ship or deliver any item listed on the Website. Furthermore, EXPAT WEB SERVICES FZ LLC is not responsible for, nor holds itself out as promoting, any interaction or dealing between you and 1 or more other user(s) of the Website, and EXPAT WEB SERVICES FZ LLC will not be liable in any way for any such interactions or dealings.

You will not hold EXPAT WEB SERVICES FZ LLC responsible for other users' Content, actions or inactions, items they list or the destruction of allegedly fake items. While we may help facilitate the resolution of disputes, EXPAT WEB SERVICES FZ LLC is not obliged to participate in any dispute between you and other user(s) of the Website. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ Content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly motor vehicles and real estate, an offer initiates a transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.

You acknowledge that EXPAT WEB SERVICES FZ LLC does not monitor, verify or approve Content, and that you are solely responsible for evaluating and verifying the accuracy of any Content posted on the Website.

12. Disclaimer of Warranties

You use the Website at your own risk.

The Website is provided without warranty and is provided on an “as is, as available” basis.

EXPAT WEB SERVICES FZ LLC HEREBY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, OR ARISING BY STATUTE, CUSTOM, COURSE OF DEALING OR TRADE USAGE, WITH RESPECT TO THE WEBSITE OR ANY SERVICES PROVIDED HEREUNDER. NOTWITHSTANDING THE GENERALITY OF THE FOREGOING, EXPAT WEB SERVICES FZ LLC SPECIFICALLY DISCLAIMS THE FOLLOWING WITH RESPECT TO THE WEBSITE:

IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY SERVICE OR GOOD ACQUIRED BY YOU FROM A THIRD PARTY;

OF THE ACCURACY, TIMELINESS, SECURITY AND PERFORMANCE OF THE WEBSITE; OR

FREEDOM FROM ANY ERRORS OR VIRUSES, TROJANS, WORMS, LOGIC BOMBS OR OTHER MATERIAL WHICH IS MALICIOUS OR TECHNOLOGICALLY HARMFUL.

13. Limitation of Liabilities

To the maximum extent permitted by applicable law, EXPAT WEB SERVICES FZ LLC hereby expressly excludes any liability for any damages whatsoever (including, without limitation, direct, indirect, special, punitive, incidental or consequential loss or damage incurred by any user in connection with the Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

In particular, EXPAT WEB SERVICES FZ LLC is not liable for any damages or losses resulting to you or a third party from:

  • the use or the inability to use the Website;
  • services or goods acquired through the Website;
  • any Content displayed on the Website; or
  • a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.

 

14. Indemnity

You agree to indemnify, defend and hold harmless EXPAT WEB SERVICES FZ LLC, its shareholders, officers, directors, employees, and agents from any claims, actions, demands, damages, losses or attorney fees alleging or resulting from your use or misuse of the Website or any Content, your breach of these Terms of Use, your violation of any third party’s proprietary rights, or any disputes between you and one or more users connected to or arising from the Website in any way.

15. Termination of Access to the Website

EXPAT WEB SERVICES FZ LLC reserves the right to block you or terminate you from accessing the Website for any breach of these Terms of Use at any time without any notice.

EXPAT WEB SERVICES FZ LLC reserves the right to delete any of your Content from the Website at any time.

EXPAT WEB SERVICES FZ LLC is not liable to you or a third party for any termination of your access to the Website or deletion of your posted Content.

You agree not to try to use the Website after said termination.

16. Violations of Terms of Use

Please notify us if you become aware of any violations by third parties of these Terms of Use.

17. Enforcement of Terms of Use

EXPAT WEB SERVICES FZ LLC reserves the right to take steps EXPAT WEB SERVICES FZ LLC believes are reasonably necessary or appropriate to enforce and/or verify compliance with any of these Terms of Use (including, but not limited to EXPAT WEB SERVICES FZ LLC’s right to cooperate with any legal process relating to your use of the Website, and/or a third party claim that your use of the Website is unlawful and/or infringes such third party’s rights). You agree that EXPAT WEB SERVICES FZ LLC has the right without liability to you to disclose any registration data and/or account information to law enforcement authorities, government officials and/or third parties, as EXPAT WEB SERVICES FZ LLC believes is reasonably necessary or appropriate to enforce and/or verify compliance with any of these Terms of Use (including, but not limited to EXPAT WEB SERVICES FZ LLC’s right to cooperate with any legal process relating to your use of the Website, and/or a third party claim that your use of the Website is unlawful and/or infringes such third party’s rights).

18. General

You agree that the fact that these Terms of Use are in electronic format does not affect in any way their validity or enforceability.

These Terms of Use (together with any Prepaid Listing Account Booking Form) constitute the entire agreement between you and EXPAT WEB SERVICES FZ LLC regarding its subject matter and supersede any contemporaneous or prior oral or written agreements, representations, understandings or discussions between you and EXPAT WEB SERVICES FZ LLC, whether implied or express.

EXPAT WEB SERVICES FZ LLC’s delay or failure to exercise a right or act on a breach of these Terms of Use does not waive our right to do so in the future.

The provisions of these Terms of Use shall be deemed severable, and if any provision is determined to be illegal or invalid under applicable law, such provision may be changed to the extent reasonably necessary to make the provision, as so changed, legal, valid and binding.

You may not assign any part of these Terms of Use without EXPAT WEB SERVICES FZ LLC’s express written permission. EXPAT WEB SERVICES FZ LLC may assign these Terms of Use immediately upon posting a notice of such assignment on the Website

19. Governing Law & Dispute Resolution

These terms are governed by UAE Federal law.

In the event of any disputes between you and EXPAT WEB SERVICES FZ LLC, EXPAT WEB SERVICES FZ LLC is open to first attempting to resolve the dispute in an informal and amicable manner.

However, if either party believes that the dispute cannot be resolved in such a manner, then the parties agree that either party may refer any dispute arising out of, or in connection with, these Terms of Use, including any question regarding its existence, validity or termination, to be finally settled by binding arbitration. Such arbitration shall be held under the then-current Arbitration Rules of the Dubai International Financial Centre - London Court of International Arbitration by one (1) arbitrator appointed in accordance with such rules.

The seat of arbitration shall be the Dubai International Financial Centre in Dubai, UAE. The arbitration shall be conducted in the English language. The arbitration award shall be final and binding on the parties. The arbitral tribunal may award reasonable attorneys’ fees and the cost of the arbitration to the prevailing party.

Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

If the arbitral panel has not been formed, any party may seek interim relief from any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets, to which both you and EXPAT WEB SERVICES FZ LLC hereto do hereby submit for this limited purpose.

20. Modifications to Terms of Use

EXPAT WEB SERVICES FZ LLC reserves the right at any time and from time to time to update, revise, supplement and otherwise modify these Terms of Use and to impose new and/or additional rules, policies, terms and/or conditions on your use of the Website (collectively referred to as “Additional Terms”). Such Additional Terms will be effective immediately and incorporated into these Terms of Use. Your continued use of the Website constitutes you acceptance of all such Additional Terms. Any Additional Terms are hereby incorporated into these Terms of Use by this reference.

Online Purchase Privacy Policy

Personal details required to make a purchase are your name, contact email, contact phone number.

All credit/ debit card details or information will not be stored, sold, shared, rented or leased to any third parties.

Secure Socket Layer (SSL)

ExpatWoman.com and ewmoda.com uses SSL (Secure Socket Layer) encryption when transmitting certain kinds of information, such as financial services information or payment information. An icon resembling a padlock is displayed on the bottom of most browsers window during SSL transactions that involve credit cards and other forms of payment. Any time ExpatWoman.com and ewmoda.com asks you for a credit card number on ExpatWoman.com and ewmoda.com for payment or for verification purposes, it will be SSL encrypted.

Event Photography

All our events are public events and as such your photograph may be taken and used on the website or social media belonging to this website. Official photographers are clearly identifiable and if you do not wish to have your photo taken please inform them. If they have already taken a photo you can ask them to delete it from their camera. If a photograph of yourself ever appears on our website or social media and you wish for it to be removed please email admin@expatwoman.com and it will be dealt with promptly. We will remove anything of this nature from our website at any time and for anyone. Attendance at any of our public events implies permission is granted for your photo to be taken and acceptance of these terms and conditions.

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